Terms of Use (for corporations)

Terms of Use (for Corporate Members)

Article 1 (Purpose)
1. These terms of use (hereinafter referred to as "these terms") apply to members ( as defined in Article 2 ) who use "Ginza Shoma Rental" (hereinafter referred to as "the Service") operated by ASUBRAND Co., Ltd. (hereinafter referred to as "the Company "). Members use the Service only after agreeing to these terms.
2. This Agreement stipulates the terms of use for this service. All members who register as members of this service shall comply with this Agreement and use this service in accordance with the conditions stipulated in this Agreement.

Article 2 (Definition)
The following terms used in these Terms and Conditions shall have the meanings set forth below:
(1) "Agreement": Refers to the contract for use of the Service concluded between the Company and the Member with these Terms and Conditions as the terms and conditions.
(2) "Rental Contract": refers to the movable property lease contract for the Goods concluded between our company and the Member pursuant to this Agreement.
(3) "Member": An individual who has completed the membership registration and payment procedures for the Service and has been approved by the Company in accordance with the method set forth in Article 3. Note that these Terms and Conditions apply to corporate members, and only "companies" as defined in Article 2 , Paragraph 1 of the Companies Act may become Members under these Terms and Conditions.
(4) "Member Information": Information about the person applying for membership registration or the member.
(5) “Product”: This refers to brand bags and other items designated by the Company that are available for Members to 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 are attached to the Products).
(6) "Rental Period": The period during which a Member rents a Product through this Service.
(7) "Communication devices" refers to smartphones, tablet terminals and computer equipment.
(8) “Damage/Stain”: This refers to a state in which the original value of the product has been diminished due to the presence of scratches, wear, discoloration, odors, or other similar defects on the product.

Article 3 (Membership Registration)
1. Anyone who wishes to become a member of this service must apply for membership by either creating an account through a web service managed by our company, or by submitting a contract (written or electronic file) prepared by our company. Anyone who applies for membership of this service is deemed to have agreed to all of the contents of these terms and conditions.
2. We may not approve an application for membership registration if the person seeking membership registration falls under any of the following items.
(1) If the company is not registered as a "company" under Article 2 , Paragraph 1 of the Companies Act
(2) If you do not provide your company name, address (head office or branch), contact information, email address, payment information, or any other information that we require for membership registration within the deadline specified by us.
(3) If there is an error or omission in all or part of the information in the preceding paragraph
(4) If the Company determines 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
(5) If the person falls under or is likely to fall under the category of "member of an organized crime group, etc." under Article 15 , or if the person falls under or is likely to fall under any of the items of Article 15 , Paragraph 1
(6) If the Company otherwise determines that the Member is inappropriate.
3. The Company will review applications for membership registration to determine whether or not they should be registered, but when notifying applicants of the results of the review, the Company shall not be obligated to inform them of the reasons for the results.
4. 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. Those who become members must pay the annual membership fee and security deposit set by the Company in the manner designated by the Company, and the contract start date will be the date on which the annual membership fee and security deposit are paid.

Article 4 (Contract period and annual fee)
1. The contract period for this service is one year from the start date of the contract. If neither the Company nor the member requests cancellation one month prior to the end of the contract period, this contract will be automatically renewed for another year with the same terms and conditions, and the same shall apply thereafter.
2. Members shall pay the following usage fees in accordance with the fee schedule set forth by our company, in the manner set forth by our company, and by the due date set forth by our company.

Note

(1) Annual fee
This is an annual maintenance fee to secure products according to the classification of the fee schedule separately presented by our company , and is incurred on an annual basis according to the number of contracts.
(2) Security deposit
This is money that the Company receives from the member at the time of registration without interest in order to guarantee compensation and damages incurred under Article 8. The Company shall continue to hold the deposit as a security deposit for the duration of this contract. If a part or all of the security deposit is lost due to offsetting under Paragraph 4 of this Article , the member shall promptly deposit with the Company the difference between the security deposit required under the contract and the remaining amount of the security deposit after offsetting as a security deposit. Any security deposit that is not subject to offsetting under Paragraph 4 of this Article during the duration of this contract will be returned when the member has completed withdrawal.
(3) Rental fee

Expenses incurred when a rental contract for a product is concluded based on this Agreement.
3. We shall not be obligated to refund any annual membership fee once received, regardless of the reason.
4. Compensation or damages under Article 8 shall become due as soon as they are incurred, and as soon as the compensation or damages claim is incurred, the Company shall declare its intention to set off the compensation or damages claim as an active claim and the security deposit return obligation as a passive claim .

Article 5 (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 caused to the member due to improper management of the member information.
2. Members shall manage and store their member information at their own risk. The Member shall bear responsibility for any damages caused by insufficient management of member information, errors in use, use by a third party, etc., and the Company shall not bear any responsibility.
3. Members may not use, lend, transfer, buy or sell, or pawn, etc., their accounts on this Service to third parties.

Article 6 (Contents of the Service)
1. This service provides members with the rental of products corresponding to their rank and other related services.
2. Members can select the product they wish to rent (hereinafter referred to as the "Applicable Product") from the products available for rental according to their membership category 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 contents, we will approve the contents and notify the member. A rental contract ( defined in Article 2 ) for the product will be established at the time our company notifies the member of the approval.
3. If the company approves the rental application, the company will deliver the product to the member by mail or by having an employee of the company deliver it to the member by the date determined in advance by the company.
4. The member shall check the product for any damage, dirt or incorrect item within 7 days of receiving it from our company , and if a problem is found, the member shall not use the product and shall notify our company immediately. If the member does not contact us by the above deadline and our company finds the product to be damaged or dirty after the rental period has ended, the member shall be deemed responsible for the damage or dirt.
5. The member shall use the product with the care of a good manager until the end of the rental period specified by the member. The scope of the member's use of the product is as follows, but if a different agreement is made at the time of the rental contract, that agreement shall take precedence.

(1) Use by employees or contractors of the Member
However, this is subject to the condition that the relevant employees or contractors are bound by contractual obligations regarding the use of the products that are equivalent to these Terms and Conditions.
(2) Subleasing or using the Member's facilities to its customers
However, this is limited to customers who have agreed to the application form specified by our company.
End

6. The products provided by our company have embedded electronic tags with serial numbers to verify the identity of the products and prevent loss or theft, and members may not remove the electronic tags from the products during the rental period. Furthermore, members shall obtain proper consent from the users in the preceding paragraphs (1) and (2) to the effect that removal of the electronic tags is prohibited, and that our company may use the electronic tags to obtain and track the location information of the products.
7. The Member shall return the product to the Company by the end of the rental period by mail or by handing it over to the Company's employee. When returning the product, the Member shall use the care of a good manager and pack, ship, or hand it over in accordance with the method specified by the Company.
8. If the Member packs, ships, or delivers any items other than the product during the return procedure set forth in the preceding paragraph, 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.
9. The items that a member may rent at the same time are limited to the range specified for each membership category.
10. The Company may, at its discretion, request the Member to return the relevant product or to confirm the storage status. The Member must agree to this in advance and must respond to such request regarding the status.

Article 7 (Conditions for providing this service)
The Company may suspend or change the Service for maintenance or other reasons without notifying Members.

Article 8 (Damage or soiling of products, late return of 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 our company receives a notification as described in the preceding paragraph, it will check the details of the notification, and except in cases where the damage or soiling of the product is due to reasons attributable to the member and is determined to be merely slight dirt or minor scratches associated with normal use, our company may claim from the member the following compensation and damages for all damages (including, but not limited to, lost profits, lost opportunities, attorney's fees and personnel costs incurred in resolving the dispute, etc.).
(1) Compensation for damage or soiling that requires repair
The compensation will be the reasonable cost of repairs and an amount equivalent to our losses associated with the loss of rental opportunities for the product during the repair period.
(2) Compensation in the event of irreparable damage or loss
If the item is damaged or soiled beyond repair, or if the item is lost or stolen and cannot be returned, compensation will be paid in the amount equivalent to the current market value of the item as assessed by our company.
3. The Member shall be liable to the Company under this Article even if the product is damaged or soiled due to the actions of a third party.
4. If our company determines based on reasonable grounds that the member has returned a product other than the relevant product, it may request that the member return the relevant product, and if the member fails to return the relevant product, it may deem that the member has lost the product.
5. If the Member does not contact the Company within seven 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 invoiced by the Company pursuant to the preceding paragraph, and will settle the invoiced amount by credit card or bank transfer. 

6. In the event that the return of the product is delayed due to reasons attributable to the member, and the Company determines based on reasonable supporting evidence that the return of the product is socially impossible, taking into account the period of delay in the return, the status of communication with the member, and other circumstances, the provisions of paragraph 2 , item 2 of this article and the preceding paragraph shall apply mutatis mutandis. In this case, if the Company incurs 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 the damages incurred in accordance with the provisions of these Terms and Conditions.

Article 9 (Prohibited matters)
1. The Company prohibits Members from engaging in the following acts when using the Service:
(1) Any act violating any provision of these Terms and Conditions ( including but not limited to the provisions of Article 8 )
(2) Lending, selling, pawning, etc., products to a third party
(3) Repairing, disassembling, or replacing a part or all of the product
(4) Producing counterfeit products
(5) Declaring false or incomplete member information, or failing to change member information
(6) Allowing a third party to use member information
(7) Taking products out of Japan
(8) Refusal to receive the goods due to an unknown address, long absence, refusal to receive the goods, etc.
(9) Failure to pay the amount designated by the Company by the due date designated by the Company
(10) If you do not respond to our inquiries within 14 days
(11) 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 brands or their trademarks, designs, copyrights, or other intellectual property rights, the licensors under license to the Company, or other third parties
(12) Any act that causes or may cause disadvantage or damage to the Company or a third party
(13) Any act that unjustly damages or may damage the reputation, rights, or credibility of others
(14) Any act violating laws, regulations, etc.
(15) Any act that is or may be contrary to public order and morals, or any act that provides information that is contrary to public order and morals to other members or third parties
(16) Criminal acts, acts that are linked to or encourage criminal acts, or acts that may be
(17) Providing information that is or may be contrary to the facts
(18) Unauthorized access to our system, tampering with program code, tampering with location information, intentional falsehoods, cheating by using specifications of communication devices or other applications, distribution of computer viruses, and other acts that interfere with or may interfere with the normal operation of the Service
(19) Using macros or other functions or tools that automate operations
(20) Any act that damages or may damage the credibility of the Service
(21) Using the Service by impersonating a third party through the use of another member’s account or other means
(22) 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.
(23) Acts related to criminal proceeds or terrorist financing, or acts suspected of such acts
(24) Any other act that the Company deems inappropriate
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 10 (Cancellation)
1. If a Member falls under any of the following items, our company may, without any notice, terminate all or part of the Rental Agreement and this Agreement and have the Member withdraw from the Service.
(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 in danger of engaging in any act that violates these Terms of Use.
(5) If a civil preservation procedure or civil execution procedure is filed against the Member or the Member’s employees, business contractors, or customers due to the Member’s default on an obligation, or if the Member is subject to disposition for delinquent taxes, etc.
(6) If a decision is made to commence procedures for bankruptcy or special liquidation of a member, or if a petition for such has been filed.
(7) Any other case that the Company deems inappropriate
2. A Member who cancels his/her membership due to the measures set forth in Article 2 of the preceding article or the preceding paragraph will lose the benefit of the term at the time of cancellation and will be required to immediately return any products to the Company and fulfill all debts owed to the Company.
3. We shall not be liable for any damage suffered by a Member or other third parties as a result of the Member carrying out the withdrawal procedures pursuant to the preceding Article or this Article.

Article 11 (Non-guarantee and Disclaimer)
1. The Company does not guarantee the completeness, accuracy, or validity of the content of the Service (except that the products are genuine and have the quality specified by the Company at the time of provision). Furthermore, the Company does not 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 the External Services after agreeing to the terms of use, etc. of the External Services at their own risk and expense. Furthermore, the Company does not guarantee the completeness, accuracy, validity, etc. of the content of the External Services.
3. We shall not be liable for any damage suffered by a member as a result of his/her failure to change his/her registered information.
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 in relation to the use of the Service.
5. Even if member information is stolen due to unexpected unauthorized access or other acts, the Company shall not be liable for any damages suffered by the member as a result thereof.
6. We shall not be liable for any failure to perform all or part of this Agreement due to natural disasters, terrestrial acts, fires, strikes, trade embargoes, war, civil unrest, epidemics, or other force majeure.
7. If a Member has any trouble 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, and any trouble between Members shall be resolved by the Member at his/her own expense and responsibility.

Article 12 (Liability for damages)
1. If a Member causes damage to the Company in connection with a violation of these Terms and Conditions or the use of the Service, the Member shall compensate the Company for any damages incurred (including lost profits and attorney's fees).
2. Notwithstanding any other provisions of these Terms and Conditions, the Company shall not be liable for any damage suffered by a Member in connection with the Service unless the Company is guilty of willful or gross negligence. In addition, in the event that the Company compensates for damages, the maximum amount of the cumulative amount of money (annual membership fees, rental fees) received by the Company in the past one year from the date of occurrence of the damage shall be the maximum amount of the cumulative amount of money (annual membership fees, rental fees) received by the Company in the past one year from the date of occurrence of the damages.

Article 13 (Discontinuation of the Service)
1. If the Company reasonably determines that it is necessary to discontinue provision of the Service, the Company may discontinue provision of the Service.
2. In the case of the preceding paragraph, the Company shall not assume any responsibility unless the Company is guilty of intentional or gross negligence.

Article 14 (Confidentiality)
1. The Member and the Company shall strictly and appropriately manage any confidential information of the other party that they learn in the course of the provision or use of the Service (including know-how related to the Service, information related to the Company's system, and all confidential technical or business information), and shall not disclose, provide or leak such information to a third party (including the Company's affiliates and contractors) without the prior written consent of the other party, 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 in our possession 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 that is independently developed or created without reference to the disclosed confidential information
3. If instructed by the other party or if this Agreement is terminated, either the Member or the Company shall promptly follow the other party's instructions to return or destroy the confidential information after restoring it to its original state, and shall not use it thereafter.
4. Notwithstanding the provisions of paragraph 1 , if the Company is required to disclose confidential information pursuant to laws and regulations, rules, judgments, orders or instructions of a court, administrative agency or public institution with regulatory authority, the Company may disclose confidential information to the extent necessary.

Article 15 (Exclusion of Antisocial Forces)
1. The Member and the Company represent and warrant that they are not currently a member of a criminal organization, a member of a criminal organization, a person who has been a member of a criminal organization for less than five years, a quasi-member of a criminal organization, a company related to a criminal organization, a corporate racketeer, a swindler pretending to be a social activist, a special intelligence violent group, or any other person equivalent to these (collectively referred to as "members of a criminal organization, 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 the control of management to a member of a criminal organization or other such entity.
(2) Having a relationship that is deemed to give substantial involvement of a member of an organized crime group or other such entity in the management of the company.
(3) Having a relationship that is deemed to be an inappropriate use of a member of a criminal organization, etc., for the purpose of obtaining wrongful benefits for oneself, one's company or a third party, or for the purpose of causing damage to a third party.
(4) Having a relationship that is deemed to be involved in providing funds, etc., or convenience, etc., to a member of an organized crime group.
(5) An officer or a person substantially involved in management has a socially reprehensible relationship with a member of an organized crime group or the like.
2. The Member and the Company promise not to engage in any of the following acts, either by themselves or through a third party:
(1) Violent demands
(2) Making unreasonable demands that go beyond legal responsibility
(3) Threatening behavior or violence in relation to transactions
(4) Spreading rumors, using fraudulent means or using force to damage the other party's credibility or to interfere with the other party's business
(5) Any other conduct similar to those listed above.
3. If either the Member or the Company finds 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 committed any of the acts listed in the preceding paragraph, or has made a false statement with respect to the representations and warranties made under the provisions of paragraph 1 , either the Member or the Company may terminate this Agreement without giving any notice to the other party, regardless of whether or not there is a reason attributable to the other party.
4. The Member and the Company acknowledge and agree that in the event this Agreement is terminated pursuant to the preceding paragraph, neither party shall be liable to compensate the other party for any damages incurred.

Article 16 (Transfer of Status, etc.)
Neither the Member nor the Company may assign, transfer, pledge or otherwise dispose of, to a third party, all or part of its status under this Agreement or its rights or obligations under these Terms and Conditions, 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 17 (Severability)
1. Even if any provision of these Terms and Conditions is determined to be 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 canceled in relation to a certain Member, these Terms and Conditions shall remain valid in relation to other Members.

Article 18 (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 objections to the Company's actions regarding any conduct that violates these Terms and Conditions.

Article 19 (Validity Period of this Agreement)
The effective period of this Agreement shall be from the time of its establishment until the Member withdraws from the Agreement. The provisions of Articles 4 , 5 , 6 , 8 , 10 Paragraph 3 , 11 , 12 , 13 Paragraph 2 , 14 to 17 , this Article, 21 , 22 , and 23 shall remain in effect even after the termination of this Agreement.

Article 20 (Changes to these Terms)
1. In the event that any of the following items apply, 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 revised Terms will apply to this Agreement.
(1) When the changes to these terms and conditions are 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 need for 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 date when the revised Terms and Conditions will take effect and will notify Members of the content of the revised Terms and Conditions and the date when they will take effect at least two weeks prior to the date when they take effect, and will inform Members by displaying such information on the Service or by other means specified by the Company.
3. Notwithstanding the provisions of the two preceding paragraphs, if a Member uses the Service after the changes to these Terms and Conditions have been notified in the preceding paragraph, or if a Member does not take the procedure for cancellation within the period specified by our Company, the Member will be deemed to have agreed to the changes to these Terms and Conditions.

Article 21 (Governing Law)
The governing law for these Terms and Conditions shall be Japanese law, and all legal relationships between our company and members arising from these Terms of Use shall be governed by the laws of Japan.

Article 22 (agreed jurisdiction)
If any dispute arises between a Member and our company in relation to these Terms of Use, the Tokyo District Court shall be the court of first instance with exclusive jurisdiction.

Article 23 (Others)
1. Regarding matters not stipulated in these Terms and Conditions, if the Company separately stipulates details, guidelines, etc., the Member shall comply with such details, etc. In such case, 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 contradiction or inconsistency between the details, guidelines, etc. and the contents of these Terms and Conditions, these Terms and Conditions shall take precedence.

Supplementary Provisions
January 1 , 2025 : Enactment/enforcement

June 1, 2025 : Revised