terms of service

Terms of Use (for individual members)

Article 1 (Purpose)
1. These Terms of Use (hereinafter referred to as the "Terms") apply to members (defined in Article 2) who use "XIAOMARENTAL" (hereinafter referred to as the "Service") operated by ASUBRAND Inc. (hereinafter referred to as the "Company"). Members may use the Service only after agreeing to these Terms.
2. These Terms and Conditions stipulate the terms and conditions for using the Service. All members who register for the Service shall comply with these Terms and Conditions and use the Service in accordance with the conditions stipulated in these Terms and Conditions.

Article 2 (Definition)
The following terms used in these Terms and Conditions shall have the meanings set forth below:
(1) "Agreement": Refers to the service agreement for this service concluded between the Company and the Member with these Terms and Conditions as the terms of the agreement.
(2) “Rental Agreement”: Refers to the movable property lease agreement for the Products concluded between the Company and the Member pursuant to this Agreement.
(3) “Member”: A person who has completed the membership registration and payment procedures for the Service in accordance with Article 3 and whose membership has been approved by the Company.
(4) “Member Information”: Refers to information about the person applying for membership registration or the member.
(5) “Products”: Brand bags and other items designated by the Company that Members can rent through the Service, as well as all of their accessories (including, but not limited to, chains, belts, accessories, warranty cards, packaging bags and boxes, etc. that come with the products).
(6) “Rental Period”: The period during which a Member rents a Product through this Service.
(7) “Communication devices” refers to smartphones, tablet devices and computer equipment.
(8) “Damage/Stain”: This refers to a condition in which the original value of the product is impaired due to scratches, scuffs, color transfer, odors, or other similar defects on the product.

Article 3 (Membership Registration)
1. Anyone who wishes to become a member of the Service must agree to all of the contents of these Terms and Conditions and apply for membership registration either by creating an account through the web service managed by the Company or by submitting a contract (written or electronic file) prepared by the Company.
Any person who applies for membership registration for this service is deemed to have agreed to all of the contents of these terms and conditions. 2. Anyone who wishes to become a member of this service must submit at least the following required information and required certification documents in accordance with our company's specifications for the application in the preceding paragraph.
[Required information]
Address, name, phone number, email address, credit card information [Required documents]
(1) My Number Card
(2) You may also be asked to submit your driver's license, health insurance card, residence card, and passport.
End
3. The Company may not approve a member registration application if the person seeking membership registration falls under any of the following items.
(1) If you do not provide your name, address, contact details, email address, payment information, or other information that we require for member registration (including, but not limited to, the information and documents specified in the preceding paragraph) within the deadline specified by us.
(2) If there is an error or omission in all or part of the information in the preceding paragraph.
(3) If the Company determines based on reasonable evidence that a User has previously violated these Terms or the terms of use of other services provided by the Company, or if the User has previously been expelled from the Company.
(4) If the person falls under or is likely to fall under the category of a "Member of an Organized Crime Group, etc." under Article 14, or if the person falls under or is likely to fall under any of the items of Article 14, Paragraph 1.
(5) If you do not have a Japanese resident registration
(6) If, at the time of registration, you are a minor (a person who has not reached the age of majority under the Civil Code; the same applies below), an adult ward, a person under curatorship, or a person under assistance (however, even if you are a minor, we may approve your application for membership if we confirm and accept that you have obtained the consent of an appropriate legal representative).
(7) If the Company determines based on reasonable evidence that a Member is unsuitable for membership.
4. The Company will review applications for membership registration to determine whether or not they can be registered, but will not be obligated to notify applicants of the results of the review and the reasons for the results.
5. If, as a result of the member registration review, the Company approves the member registration, this Agreement (defined in Article 2) will be established between the Company and the member registration applicant.

Article 4 (Changes to registered information, management of member information)
1. If any changes occur to the registered information, the member is obligated to immediately carry out the procedure to change the registered information. The Company will provide the Service based on the member information registered by the member, and will not be liable for any disadvantage or damage suffered by the member due to improper management of the member information by the member, except for intentional or gross negligence on the part of the Company.
2. Members shall manage and store their member information at their own risk. Members shall be responsible for any damages caused by inadequate management of member information, errors in use, or use by a third party, and the Company shall not be held liable in any way except in cases caused by the Company's willful misconduct or gross negligence.
3. Members may not use, lend, transfer, buy or sell or pawn their accounts on this service to third parties.

Article 5 (Contents of the Service)
1. Members can select the product they wish to rent (hereinafter referred to as the "Product") from the products available for rental and submit a rental application to our company. Our company will check the contents of the rental application, and if there are no problems with the application, we will approve the contents and notify the member. A product rental contract (defined in Article 2) will be established at the time our company notifies the member of our acceptance.
2. If the Company approves the rental application, the Company will deliver the product to the member by mail or by having a Company employee deliver it to the member by the date determined in advance by the Company.
3. When a member receives the product from our company, they will immediately check whether it is damaged, soiled, or the wrong item, and if they find any problems, they will not use the product in any way and will immediately notify our company.
In addition, if the member does not contact us by the above date and we discover damage or soiling to the product after the rental period has ended, the member will be deemed responsible for the damage or soiling, unless it is due to our willful misconduct or gross negligence.
4. Members shall use the product with the care of a good manager until the end of the rental period specified by the member. Members may use the product for their own personal use.
5. Members must return the product to us by the end of the rental period by mail or by handing it over to a member of our staff. When returning the product, members must use the care of a good manager and package, ship, or hand it over in accordance with the method specified by us. When returning the product, members must complete the shipping procedure and hand over the product to the delivery company by 11:59 PM on the return date. We must ensure that the return record is available to us by noon the day after the return date, using the carrier's tracking number or other means. If members are unable to return the product by 11:59 PM on the return date, they must contact us by noon the day after the return date. If we are unable to confirm the return record by noon the day after the return date, or if we are unable to confirm the return of the product due to lack of contact from the member, we will immediately contact the local police station and a lawyer and take legal action.
6. In the return procedures set forth in the preceding paragraph, if a member packs, ships, or delivers items other than the product, the member will waive ownership of such items and will not object if the Company discards the enclosed items. Furthermore, the Company will not bear any responsibility for such enclosed items except in cases where the Company has acted intentionally or grossly negligently.
7. At our discretion, we may request that members return the product or check the storage status of the product. Members must agree to this in advance and must respond to such requests.
8. The start date of the rental period shall be the date desired by the user, even if the user is unable to receive the item due to absence or other reasons (hereinafter referred to as the "rental start date").
9. The expiration date of the rental period (hereinafter referred to as the "rental end date") shall be the last day of the rental period specified by the user in the dedicated form.
10. If you miss the return deadline, a late fee will be charged for each day you miss the return date (a penalty fee equivalent to the number of days you are late multiplied by three times the normal rental fee).

Article 6 (Terms of Service)
The Company may suspend or change the Service for maintenance or other reasons without notifying Members.

Article 7 (Damage or soiling of products, delay in returning products, etc.)
1. If the product is damaged, soiled, lost, or stolen between the time the member receives it and the time it arrives at our company, the member must immediately contact our company and follow our instructions. In addition, if the product is lost or stolen, the member must immediately file a lost property report or damage report with the nearest police station.
2. When the Company receives a notification as described in the preceding paragraph, it will check the details, and if the product is damaged or soiled due to reasons attributable to the member, it may claim the following compensation from the member, as well as damages for all damages (including, but not limited to, lost profits, lost opportunities, reasonable attorney's fees and personnel costs required to resolve the dispute, etc.), except in cases where the damage is determined to be slight dirt or minor scratches resulting from normal use.
(1) Compensation for damage or soiling that requires repairs Compensation shall be the reasonable cost of repairs and the amount equivalent to our losses resulting from the loss of rental opportunities for the product during the repair period.
(2) Compensation in the event of irreparable damage or loss If there is damage or soiling that cannot be completely repaired, or if the product cannot be returned due to loss or theft, the compensation will be the amount equivalent to the current market value of the product as assessed by our company.
3. Members shall be liable to the Company under this Article even if damage or soiling of products occurs due to the actions of a third party.
4. If the Company determines based on reasonable grounds that a member has returned a product other than the relevant product, the Company may request that the member return the relevant product, and if the member does not return the relevant product, the Company may deem that the member has lost the product.
5. If the Member does not contact the Company within five business days after notifying the Member of the compensation and damages pursuant to Paragraph 2, the Company will assume that the Member has agreed to pay the amount claimed by the Company pursuant to the preceding Paragraph, and will settle the claimed amount by credit card or bank transfer in accordance with separate laws and regulations.
6. If the return of the product is delayed due to reasons attributable to the member, and the Company determines based on reasonable evidence, taking into account the period of delay, the status of communication with the member, and other circumstances, that the return of the product is socially impossible, the provisions of Paragraph 2, Item 2 of this Article and the preceding paragraph shall apply mutatis mutandis. In this case, if the Company suffers damage in addition to the damages specified in Paragraph 2, Item 2 of this Article, the member shall be obligated to compensate the Company for such damages in accordance with the separate provisions of these Terms and Conditions.

Article 8 (Prohibited matters)
1. The Company prohibits the following acts by members when using the Service:
(1) Any act that violates any provision of these Terms and Conditions (including, but not limited to, the provisions of Article 8).
(2) Lending, selling, pawning, etc., of goods to a third party
(3) Repairing, disassembling, or replacing part or all of the product
(4) Producing counterfeit goods
(5) Declaring false or incomplete member information or failing to change member information
(6) Allowing a third party to use member information
(7) Taking the product outside of Japan
(8) Cancelling your membership while renting a product
(9) Failure to receive the product due to an unknown address, long-term absence, refusal to receive, etc.
(10) Failure to pay the amount designated by our company by the due date designated by our company.
(11) If you do not respond to our inquiries within 14 days
(12) Any act that infringes or may infringe the intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, portrait rights, or other property or personal rights of the Company, the company that owns the intellectual property rights of the product brand or its trademark, design, copyright, or other intellectual property rights, the licensor under license to the Company, or any other third party.
(13) Any act that causes or may cause disadvantage or damage to the Company or a third party
(14) Any act that unjustly damages the reputation, rights, or credibility of others, or that is likely to do so.
(15) Any act violating laws, regulations, or ordinances.
(16) Any act that is contrary to public order and morals or that may be contrary to public order and morals, or any act that provides information that may be contrary to public order and morals to other members or third parties.
(17) Criminal acts, acts that lead to or encourage criminal acts, or acts that may lead to or encourage criminal acts
(18) Providing information that is false or that may be false
(19) Unauthorized access to our system, tampering with program code, tampering with location information, intentionally lying, cheating by using the specifications of communication devices or other applications, distribution of computer viruses, or any other act that interferes with or may interfere with the normal operation of the Service.
(20) Using macros or other functions or tools that automate operations
(21) Any act that damages or may damage the credibility of the Service
(22) Using the Service by impersonating a third party through the use of another member's account or other means
(23) Any act that is or may be linked to a crime, such as fraud or the illegal sale or purchase of savings accounts or mobile phones.
(24) Acts related to criminal proceeds, acts related to terrorist financing, or acts suspected of such.
(25) Any other act that the Company determines to be inappropriate based on reasonable evidence.
2. If the Company determines that a Member's actions fall under any of the items in paragraph 1, the Company may take any or all of the following measures without prior notice.
(1) Restrictions on use of the Service
(2) Withdrawal due to termination of this Agreement
(3) Any other act that the Company reasonably deems necessary.

Article 9 (Cancellation)
1. If a member falls under any of the following items, our company may cancel all or part of the Rental Agreement and this Agreement and cause the member to withdraw from the membership without any notice.
(1) If the registration information contains false information.
(2) If you have been expelled from our company in the past
(3) If you do not respond in good faith to our requests
(4) If the Company determines that you have engaged in or are likely to engage in any conduct that violates these Terms of Use.
(5) If a civil preservation procedure or civil execution procedure is filed against the Member due to the Member's default on an obligation, or if the Member is subject to disposition such as tax delinquency.
(6) If a member is subject to a decision to commence proceedings related to bankruptcy or special liquidation, or if a petition for such proceedings is filed.
(7) Any other case in which the Company determines that the provision of the Service is inappropriate based on reasonable evidence.
2. A member who withdraws from the membership due to the measures set forth in Paragraph 2 of the preceding Article or the preceding paragraph will lose the benefit of the term at the time of withdrawal and will immediately be required to return the products to the Company and fulfill all debts owed to the Company.
3. The Company shall not be liable for any damages incurred by a Member or other third parties as a result of the implementation of the withdrawal procedures pursuant to the preceding Article or this Article.

Article 10 (Non-guarantee/Disclaimer)
1. The Company makes no guarantee whatsoever regarding the completeness, accuracy, or validity of the content of the Service (except that the products are genuine or have the quality specified by the Company at the time of provision). Furthermore, the Company makes no guarantee that the Service will not be interrupted, discontinued, or otherwise disrupted.
2. When using the Service, Members may be transferred from the Service to other services operated by third parties related to the Service (hereinafter referred to as "External Services"). In such cases, Members shall use the Service and External Services at their own risk and expense, after agreeing to the terms of use, etc. of the External Services. Furthermore, the Company makes no guarantees regarding the completeness, accuracy, validity, etc. of the content of the External Services.
3. Even if a member suffers damage due to failure to change their registration information, the Company shall not be liable for any damage except in cases where such damage is due to the Company's willful misconduct or gross negligence.
4. Members must use the Service within the scope of the law. The Company shall not be held responsible for any violation of Japanese or foreign laws and regulations by a Member in connection with the use of the Service.
5. Even if member information is stolen due to unexpected acts of unauthorized access or other such acts, the Company shall not be liable for any damages suffered by the member as a result thereof.
6. The Company shall not be liable for any failure to perform all or part of this Agreement due to natural disasters, earthquakes, fires, strikes, trade embargoes, wars, civil unrest, epidemics, or other force majeure.
7. In the event that a member has a dispute with a third party in connection with the use of this service (whether within or outside the service), the Company shall not be held responsible in any way, and any dispute between members shall be resolved by the member in question at his/her own expense and burden.
8. The provisions of the preceding three paragraphs shall not apply in cases where the Company is guilty of willful misconduct or gross negligence.

Article 11 (Liability for damages)
1. If a member causes damage to our company in connection with a violation of these Terms and Conditions or the use of this service, the member shall compensate our company for the damages incurred (including lost profits and reasonable attorney's fees). In addition, if a member does not return the rental item within the specified period (including if the item is lost), the amount of lost profits to our company shall be the amount equivalent to the rental item usage fee for the number of days the member is late in returning the item (based on the daily usage fee specified by our company, up to the amount equivalent to the current market value of the rental item).
2. In the event that the Company compensates a Member for damages incurred in connection with the Service, the amount of such compensation shall be limited to the total cumulative amount of money received by the Company within one year from the date of occurrence of the damage, unless the Company is guilty of willful misconduct or gross negligence.

Article 12 (Termination of the Service)
1. If the Company reasonably determines that provision of the Service should be discontinued, the Company may discontinue provision of the Service.
2. Our obligation to compensate in the case of the preceding paragraph shall be in accordance with the provisions of Paragraph 2 of the preceding article.

Article 13 (Confidentiality)
1. Members and the Company shall strictly and appropriately manage the other party's confidential information (including know-how related to the Service, information related to the Company's systems, and all technical or business confidential information) that they learn in the course of providing or using the Service, and shall not disclose, provide, or leak such information to any third party (including the Company's affiliates and contractors) without the other party's prior written consent, or use such information for any purpose other than the provision or use of the Service.
2. The following information shall not be considered confidential information:
(1) Information already held at the time of disclosure
(2) Information that was already publicly known at the time of disclosure or information that subsequently became publicly known through no fault of the individual.
(3) Information lawfully obtained from a third party after disclosure
(4) Information independently developed or created without relying on the disclosed confidential information
3. If instructed by the other party or if this Agreement is terminated, the Member or the Company shall promptly return or destroy the confidential information after restoring it to its original state in accordance with the other party's instructions, and shall not use it thereafter.
4. Notwithstanding the provisions of paragraph 1, if the Company is required to disclose confidential information by law, regulation, judgment, order, instruction, etc. of a court, administrative agency or public institution with regulatory authority, the Company may disclose confidential information to the extent necessary.

Article 14 (Exclusion of Anti-Social Forces)
1. The Member and the Company represent and warrant that they are not currently a member of an organized crime group, a member of an organized crime group, a person who has been a member of an organized crime group within the last five years, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a fraudster pretending to be a social activist, or a special intelligence violent group, or any other person equivalent to any of the above (hereinafter collectively referred to as "Member of an Organized Crime Group, etc."), and that they do not fall under any of the following items and will not fall under any of the following items in the future.
(1) Having a relationship that is deemed to give control over management to a member of an organized crime group or other such entity.
(2) Having a relationship that is deemed to involve a member of an organized crime group or other such entity in substantial management.
(3) Having a relationship that is deemed to be an unfair use of a member of an organized crime group, etc., for the purpose of obtaining illegal benefits for oneself, one's company, or a third party, or for the purpose of causing harm to a third party.
(4) Having a relationship that is deemed to involve providing funds or other benefits to members of organized crime groups, etc.
(5) An officer or a person substantially involved in management has a socially reprehensible relationship with a member of an organized crime group, etc.
2. The Member and the Company undertake not to engage in any of the following acts, either by themselves or through a third party.
(1) Violent demands
(2) Unreasonable demands that exceed legal responsibility
(3) Threatening behavior or violence in connection with transactions
(4) Spreading rumors, using fraudulent means, or using force to damage the other party's credibility or interfere with the other party's business
(5) Any other acts similar to those listed above.
3. If it becomes clear that the other party is a member of an organized crime group, etc., or falls under any of the items in paragraph 1, or has engaged in any of the acts in the preceding paragraph, or has made a false statement regarding the representations and warranties pursuant to the provisions of paragraph 1, either the Member or the Company may terminate this Agreement without any notice to the other party, regardless of whether or not there is any reason attributable to the Member or the Company.
4. The Member and the Company acknowledge and agree that if this Agreement is terminated pursuant to the preceding paragraph, neither party shall be liable to compensate the other party for any damages incurred by them.

Article 15 (Transfer of Status, etc.)
Neither the Member nor the Company may assign, transfer, pledge, or otherwise dispose of all or part of its status under this Agreement or its rights or obligations under these Terms and Conditions to a third party without the prior written consent of the other party, except in the case of a stock transfer, business transfer, merger, company split, or other organizational restructuring.

Article 16 (Severability)
1. Even if any provision of these Terms and Conditions is deemed invalid based on laws and regulations, the other provisions of these Terms and Conditions shall remain valid.
2. Even if any provision of these Terms and Conditions is invalid or revoked in relation to a certain Member, these Terms and Conditions shall remain valid in relation to other Members.

Article 17 (How to deal with violations)
1. If a member discovers any conduct that violates these Terms and Conditions, he/she must contact the Company.
2. Members may not raise any objections regarding the Company's response to any act that violates these Terms and Conditions.

Article 18 (Validity Period of this Agreement)
This Agreement shall be effective from the time of its establishment until the Member cancels their membership. The provisions of Articles 4, 5, 6, 7, 8, 10, 11, 12, 13, 14 to 16, this Article, 20, 21, and 22 shall remain in effect even after the termination of this Agreement.

Article 19 (Changes to these Terms and Conditions)
1. In any of the following cases, the Company may change these Terms at any time pursuant to the provisions of Article 548-4 of the Civil Code. After these Terms are changed, the changed Terms will apply to this Agreement.
(1) When the change to these Terms and Conditions is in the general interest of members.
(2) When the change to these Terms and Conditions does not contradict the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change.
2. If the Company makes any changes to these Terms and Conditions, the Company will determine the effective date of the revised Terms and Conditions and will notify Members of the content of the revised Terms and Conditions and the effective date at least two weeks prior to the effective date, and will inform Members by displaying the content of the revised Terms and Conditions on the Service or by other means specified by the Company.
3. Notwithstanding the provisions of the preceding two paragraphs, if a Member uses the Service after the changes to these Terms and Conditions in the preceding paragraph have been notified to the Member, or if the Member does not take the procedure for cancellation within the period specified by the Company, the Member will be deemed to have agreed to the changes to these Terms and Conditions.

Article 20 (Governing Law)
The governing law of these Terms and Conditions shall be Japanese law, and all legal relationships between the Company and Members arising from these Terms and Conditions shall be governed by the laws of Japan.

Article 21 (agreed jurisdiction)
If any dispute arises between a member and our company in connection with these Terms of Use, the Tokyo District Court shall be the exclusive court of first instance.

Article 22 (Other)
1. Members shall comply with any separate details, guidelines, etc. established by the Company regarding matters not stipulated in these Terms and Conditions. In such cases, such details, etc. shall be deemed to be an integral part of these Terms and Conditions.
2. Details, guidelines, etc. will come into effect from the time they are posted in the designated area by our company.
3. In the event of any inconsistency or conflict between the details, guidelines, etc. and the contents of these Terms and Conditions, these Terms and Conditions shall take precedence.
4. If a member's personal belongings are found among the returned rental items, the Company will store them for one month. After the storage period has expired, the Company may dispose of the personal belongings without incurring any liability to the member. The member will waive any right to claim the return of personal belongings after the storage period has expired.

Supplementary Provisions
February 18, 2025: Enactment and enforcement
August 13, 2025: Revised