MGH Rewards Club App Terms
Article 1 (License to use)
The Company allows an App user to download the App to mobile terminal devices such as smartphones (hereinafter referred to as "mobile terminals") that are able to use the App under the conditions stipulated in the Terms. Use of the App is strictly limited to personal use by an App user.
Article 2 (Information provided through the App)
The Company does not guarantee the accuracy, up-to-date status, usefulness, or other aspects of the information given on the App. In addition, the Company may at its discretion and without prior notice add, change, modify, delete, suspend, cancel, or alter in any way the information given on the App.
Article 3 (Service content)
The main services that the Company provides to an App user are described on the Company’s webpage at [About the MGH Rewards Club App]. The Company may at its discretion and without prior notice add, change, suspend, terminate, or alter in any way services that are provided to an App user.
Article 4 (Agreement)
The App shall be made available to an App user after the App user agrees to the Terms. Use of the App by an App user shall be understood to imply that the App user has read, understood and agreed to the Terms and the accompanying terms and conditions of use.
Article 5 (Obligations and responsibilities of an App user)
In order to use the App, an App user shall at their own expense and liability execute the necessary contracts for using communication devices, software, and telephones and execute the necessary contracts for using mobile terminals and for subscribing to Internet service providers.
Article 6 (Copyright, etc.)
- 1.The copyright and all other intellectual property rights of any content that the Company provides to an App user through the App are owned by the relevant service providers (hereinafter referred to as "the service providers") who licensed rights of use to the Company. If an App user is suspected of infringing the copyright or intellectual property rights of the service providers, or if a lawsuit or other dispute arises with the service provides due to such infringement, actual or otherwise, the App user involved in the dispute will resolve the lawsuit or dispute at their own expense and liability and without any damage or loss to the Company.
- 2.Trademarks, logos, service marks, and similar intellectual property (hereinafter referred to as "trademark" or "trademarks") may be displayed on the App. However, under the Terms, the Company does not transfer the rights to use a trademark nor does the Company license the rights to use or adapt a trademark to an App user or any other third party.
Article 7 (Information to be acquired)
- 1.In order to provide services through push notifications and the like to an App user, the Company reserves the right to obtain through the App certain information about an App user (hereinafter “User information”), as described in Sub-sections (1) through (5) below. If an App user does not give consent to the Company to provide such services, an App user has no claim against the Company for the Company not providing such services.
- (1)Push notification tokens, such as but not limited to: a unique ID issued by Apple or Google that is used for a push notification which is used to identify an App user at the time that the Company intends to provide the service.
- (2)Information that relates to permissions given by an App user and connectivity status of an App user’s device, such as but not limited to: push notifications, biometric authentication, Wi-Fi transmission, and Bluetooth transmission. Such information will be used to help improve the App, fix bugs, and analyze data.
- (3)An App user’s log of usage of the App. Such information will be used to help improve the App, fix bugs, analyze data, and tailor services or provide information about the Company’s services to an App user and other customers of the Company.
- (4)Information on the environment in which the App is used, such as but not limited to terminal model information or OS version. Such information will be used to help improve the App, fix bugs, and analyze data.
- (5)Location information, such as but not limited to latitude and longitude. Such information will be used to identify the physical location of an App user’s mobile terminal, so that the Company can in a timely manner provide services that are possibly relevant to the location of an App user’s mobile terminal.
- 2.User information will be transferred to and stored on a server maintained by the Company, and this User information will be used for the purposes described in Article 7, Section 1 above.
- 3.The Company also reserves the right to provide User information to related business partners within the extent of the purposes described in Article 7, Section 1. Under the domestic laws of the country where the Company is domiciled, the Company reserves the right to provide User information to third parties other than the Company’s related business partners.
Article 8 (Links in the App for external sites)
Article 9 (Disclaimer)
- 1.The Company does not guarantee the functionality of the App on an App user’s mobile terminal, the compatibility of the App with an App user’s mobile terminal, nor the security of the App (such as but not limited to: minimal occurrence of errors, correction when any problem occurs, no unauthorized access to the App and the Company’s server by a third party, no installation of or access by a computer virus or other malicious software code) after an App user installs the App on an App user’s mobile terminal. An App user assumes sole risk when an App user installs and uses the App.
- 2.The Company, except when intentional or gross negligence can be proved in a court of law, is not responsible for compensation for a disadvantage or damages (including but not limited to those specified below) to an App user as a result of installation or use of the App on an App user’s mobile terminal.
- (1)any damages resulting from an App user using or being unable to use content on the App
- (2)any damages resulting from negligence by an App user, such as but not limited to operating or viewing the App while driving a vehicle, riding a bicycle, or moving on foot
- (3)any disadvantage resulting from additions, changes, corrections, deletions, interruptions, cancellations, etc. of information and functions on the App, or any disadvantages resulting from updates to restrictions on the use of the App
- (4)any damages resulting from the use of any information obtained from linked sites accessed through the App
- (5)any disadvantage or any damages resulting from a software or hardware malfunction, malicious software code, loss of data, damage to data, etc., when using the App
- (6)any disadvantage or any damages resulting from any disagreement between App users or between an App user and any third party
- (7)any damages resulting from interruption to or termination of all or part of the App
- (8)any disadvantage or any damages to an App user resulting from any defect, malfunction, or deficiency of the App or a communication network, or resulting from incorrect use of the App by an App user.
Article 10 (Prohibited acts)
An App user shall not perform any of the following acts when using the App:
- (1)using the App in any way method other than the prescribed use described in the Terms
- (2)using the App for business or commercial purposes outside what is normally considered personal use
- (3)performing any action that limits the functionality of the App, such as but not limited to interfering with the operation of the App or of the server and network connected to the App
- (4)undertaking the unauthorized collection, disclosure or provision of personal information of a third party
- (5)infringing or potentially infringing on intellectual property rights (such as but not limited to copyrights and the trademarks), privacy rights, or image rights of the Company or a third party, or damaging the reputation of the Company or a third party
- (6)committing any act that violates any law, public order, public morals, or the Terms
- (7)providing any benefit to any antisocial group
- (8)performing any act that the Company deems inappropriate.
Article 11 (Suspension of use/Compensation for damages)
If an App user violates the provisions of the Terms, the Company reserves the right to terminate immediately use of the App by an App user. In addition, in the event of damages to the Company or a third party due to an App user violating the Terms or committing an illegal or unlawful act, the Company has the right to claim appropriate damages from an App user.
Article 12 (Suspension and change of the App)
- 1.If any of the following conditions apply, The Company reserves the right to suspend temporarily all or part of the App without notifying an App user in advance. Should the Company suspend temporarily all or part of the App, the Company is not liable for compensation to an App user who claims to have suffered damages as a result of the Company’s actions, except when intentional or gross negligence by the Company can be proved in a court of law.
- (1)When the App cannot function correctly due to a failure, breakdown, or other cause in relation to the App, servers, communication lines, or other equipment.
- (2)When regular or urgent maintenance, inspection, repair, or changes to physical infrastructure (including but not limited to servers, communication lines and power supplies, structures that house equipment) is undertaken at the instruction of the Company.
- (3)When the App cannot function correctly due to emergencies such as but not limited to fire, or power outage.
- (4)When the App cannot function correctly due to natural disasters, such as but not limited to earthquakes, volcanic eruptions, floods, or tsunamis.
- (5)When the App cannot function correctly due to war, turmoil, riots, mayhem, labor disputes, or other force majeure.
- (6)When the App cannot function correctly due to laws, regulations, or measures based on law.
- (7)When the Company decides to temporarily suspend the App due to any operational or technical reason.
- 2.The Company reserves the right to terminate or change all or part of the App at any time for any reason without prior notice to an App user. The Company is not liable for any damages caused to an App user or a third party due to the termination or change of the App, unless intentional or gross negligence by the Company can be proved in a court of law.
Article 13 (Termination of the App)
The Company reserves the right to terminate the App without the prior consent of an App user.
Article 14 (Change of terms)
In any of the following cases, the Company may change the Terms without the prior consent of an App user. The Company will provide on the Company’s website notification (in Japanese as a minimum) of the content of the change and the date that the change becomes effective on the App.
- (1)When a change in the Terms is in the general interest of the App users.
- (2)When a change in the Terms does not violate the purpose of the contract and is deemed rational by the Company in light of the necessity of the change, the appropriateness of the changed content, the content of the change and other circumstances related to the change.
In addition, use of the App by an App user after the date of the change becomes effective shall be understood to imply that the App user has read, understood and agreed to the change in the Terms.
Article 15 (Governing law and jurisdiction)
The Terms are governed by Japanese law and are construed in accordance with Japanese law. In the event if a dispute arises between an App user and the Company, the Tokyo District Court will be the exclusive agreement jurisdiction court of the first instance and interpretation of the Terms will be based solely on the Japanese language version of the Terms.
Date taken effect: April 1, 2021
Mitsui Fudosan Hotel Management Co., Ltd.
[Operating system] iOS 12.x or higher / Android OS 6 or higher
* Some mobile terminals may not work properly even with the specified OS.