Article 1 (Purpose)
These Terms of Service hereinafter also known as Terms and Conditions constitutes the agreement between Interpark Co. Ltd (hereinafter called as “Company”,”Us”,”We”,”Our”, and/or words related or similar in meaning) and the end-user hereinafter called “Customer”, “Subscriber”, “User”, “You”, “Your” and/or words related or similar in meaning. The validity of this agreement will be in effect after We receive application from the Subscriber and after Our Company accepts the application from the subscriber. In the event of ambiguity of between website information, or any other form of communication and this document, this document, "Terms and Conditions" dictates.
Article 2 (Change in Terms and Conditions)
- We may change the terms of this agreement from time to time, without prior notice to the customers. Amendment(s) to this agreement will be considered given and effective on the date such amendment(s) are posted in the Subline website. We reserve the right to change the Terms and Conditions at any time.
- We may give notice to the subscriber or the users of the Subline by posting the change on the website, or permitted communication. Such notices will be considered as given and binding on the date of posting the indicated terms and conditions. By continuing to use the SUBLINE service after revisions are in effect, you accept the revisions in the terms and conditions. Incase, you don’t agree with the revisions you may choose to terminate the service immediately. If you continue to use SUBLINE service we will consider this as your acceptance to the revisions of the Terms and Conditions.
Article 3 (Definitions)
- “Subscriber” means an individual, person or an organization accepting the terms and conditions of this agreement, applied for registration to avail the services offered by Us and the application to use the services been accepted by us. In addition, when registering an organization name, based on the subscription agreement all rights and obligations and the legal status shall belong to that corporation.
- “User” means a person who can use this the services offered by us and has accepted the terms and conditions of use. Users may include, Subscriber organization’s employees, an individual person or a group of people using SUBLINE service.
- “Facilities”, “Infrastructure” means network, servers and other equipment used by the SUBLINE service.
- “Service” means the service offered by SUBLINE.
- "Personal information" means information of an individual such as name, address, telephone number, e-mail address, etc. that can identify an individual in context. Also, any information irrespective of confidential or non-confidential in nature that can be used to identify an individual is considered as Personal Information.
- "Registration information" means information provided by the Subscriber to the company during applying for the Service. Registration information also includes personal information of the Subscriber.
- "Stored information" means any information stored by the Subscriber in the service. In the case that the Subscriber is an organization such as a corporate entity, this information also includes personal information of employees, customers, etc.
- “Confidential Information” means any information, such as Subscriber`s business and sales information, technical information etc., that has been shared and obtained from the Subscriber during the subscription process or from the subscription agreement.
- “Fee” means the usage fee charged by the company for providing the service. Fee includes consumption tax, sales tax, local tax as applicable and hereinafter Fee is also referred as “charges”, “charge”.
- “Partners” means telecommunication service providers and other business partners related to the Service.
- “High load” means the load on the system, determined by Us, that can interfere with the normal operation of the SUBLINE service. High load can be caused by excessive access or use by the Subscribers or any third-party users or for some technical reasons. Hereinafter. “high load” is also referred as “stress”, “high stress”.
- "SUBLINE number" means the phone number used for voice calling which the subscriber can acquire by using SUBLINE service. Hereinafter also called as “Subline phone number”.
Article 4 (User agreement)
The subscription agreement is accepted according to the application process prescribed by Us. The subscription agreement is valid when We accepts it.The Company shall conclude a contract for each Subscriber and will be be charged monthly for the subscription fee, the number usage fee and other fees as applicable according to the plan subscribed the Subscriber or the Users.
No Emergency Calling: Service offered by SUBLINE are not a replacement for traditional wireline services, nor are they a replacement for cellular services. You cannot make emergency calls using the SUBLINE Services. If you attempt to make a call to emergency services you may receive error and you might not be able to connect to the emergency phone numbers.
** For SUBLINE phone number fees, subscription fees, features and other details, please refer to the SUBLINE website.
Article 5 (Registration to SUBLINE)
- You have to follow the application process as mentioned in the SUBLINE website to apply for the SUBLINE service.
- After successfully completing the application process, you will receive an email with the instruction to verify and access the SUBLINE service. You would need to download the application to your smartphone. After successful login and confirming the payment method you will be able to use SUBLINE service.
- The Subscriber must provide latest and accurate information as mentioned in the application process. We may refuse to accept application form under the below circumstances:
- a, If we suspect fraudulent information or mis representation of Subscriber’s identity or related information necessary for the application process.
- b, If we suspect there is a possibility of violation of Acceptable Use guideline prescribed by Us.
- The contractor can not transfer any rights and legal status without following the procedures prescribed by the Company.
- Subscribers can use and maintain the account from the SUBLINE Web Application. SUBLINE Mobile application is primarily for dialing and receiving calls along with other features. Please refer the SUBLINE features page to know the details. Incase Subscribers or Users wants to cancel the service, they can cancel the service from the SUBLINE web application.
Article 6 (Acquisition of SUBLINE phone number)
SUBLINE phone number is provided by Us. The numbers are provided arbitrarily, User have the provision to select the numbers of their choice from the arbitrary list.
** For details of each plan, number availability etc please refer to the SUBLINE website.
Article 7 (Change of SUBLINE phone number)
Subscriber can change the SUBLINE phone number after 30 days from acquiring the number. However, when trying to change the SUBLINE number, the Subscriber shall delete the old SUBLINE number from the SUBLINE management screen and acquire a new SUBLINE number. Also, once SUBLINE number is deleted Subscriber may not be able to reuse the same Subline phone number.
Article 8 (Recording Conversations)
Certain features offered by SUBLINE allow the user to record individual telephone conversations. Laws regarding the notice, consent, and notification requirements of such recorded conversations vary from state to state. You are solely responsible for complying with all local, state, and federal laws relevant in the jurisdiction you are calling when using the record conversation feature. You hereby release and agree to hold harmless SUBLINE from and against all damages or liabilities of any kind related to the recording of any telephone conversations while using SUBLINE services. SUBLINE expressly disclaims all liability with respect to your recording of telephone conversations.
Article 9 (Porting Charges)
Number Porting may incur a one-time fee for this service, billed to the credit card that you have registered with Us. You will have to follow the guidelines and provide necessary documents as prescribed by Us.
Article 10 (Acceptable Use)
You agree to use Subline's service in a manner consistent with applicable laws and regulations. You are not allowed to resell the Service in part or whole to others. Additionally Subscriber agrees to not take any of the following actions:
- Actions violating infringement of rights:
- that infringes other's patent,privacy rights or individual rights, intellectual property, copyright, trademark, trade secret
- Reproduce, copy, duplicating part of whole of our service, technology is prohibited
- Prohibited acts regarding transmission of information:
- Any act of sending or transmitting information related marketing campaign or any act of selling contents related to child pornography, child abuse.
- Any act of sending or transmitting information that can lead to any form of crime, such as fraud, abuse of restricted or illegal drug, any form of prostitution including child prostitution, bank account details, spam, illegal trading of goods.
- Any act of sending or transmitting any form of content containing assault or violence or outrage.
- Any act of soliciting or inducing any individual’s self-injury or other harmful activity.
- Any act that are spam containing charity request, pyramid schemes, fake messages, fraudulent messages or calls
- Actions that are illegal and criminal in nature:
- that are unlawful, forgery, violent, threatening, harassing, vulgar, pornographic, indecent, lewd, racially or ethnically offensive, harmful to minors, invasive of other's privacy.
- that advocates hatred, violence, terrorism, criminal conduct of any local or international rules or regulations
- that are deceptive, misrepresentation or faking one's identity or affiliation with any entity.
- Prohibited that are technical in nature:
- that can disrupt the service and inhibits others to use the service
- that can provide information, material support by concealing the true identity that can in part or wholly support or related in any manner of terrorism or criminal activity.
- Modification, translate, decompile, reverse engineering of our application or Web application. Any attempt to examine or analysis of the source code of Our application is prohibited.
- Other prohibited acts:
- Creating false caller ID, ID spoofing, or forged email addresses or header or false namespace associated with Subline enabled URL
- Mislead others to conceal the true identity of the sender or the origin of any communication made using Our services
Article 11 (Temporary Suspension)
- If the Subscriber wishes to suspend the acquired SUBLINE phone number and the use of the service temporarily, the Subscriber,the person himself / herself can temporarily suspend the use of the service from the SUBLINE web application. At that time, if the Subscriber retains the acquired SUBLINE phone number, the monthly usage fee according to the plan such as the monthly Subscription Fee, the phone number fee, etc. will be charged to the Subscriber as usual.
- There is no restriction on the period of holding the acquired phone number and temporary suspension of using Subline’s service.
Article 12 (Change of Subscription Details)
In case of any change in information that can affect the Subscription, Subscriber can change the registered details such as Credit Card Information, Subscriber’s name, Address etc from Subline Web application.
Article 13 (Billing)
Subscriber is responsible for paying all charges, including but not limited to, international calls, additional features such as call recording, all charges attached to Subscriber’s account imposed as a result of use of the Service, and all taxes, fees and surcharges appearing on Subscriber’s bill. Customers with a past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card information on file.
Subscriber have to ensure to provide valid credit cards and all the charges including the subscription fees will be charged to Subscriber’s registered credit card. Prepaid debit cards and/or prepaid credit cards are not an acceptable form of payment for Subscription plans.
All subscription plans are recurring.
In the event of Subscriber choose to downgrade to a lower cost plan, We will not refund any difference in cost between the two Subscription plans.
In the event of Subscriber choose to upgrade to a higher cost plan in the middle of a month, Subscriber will be charged accordingly to the new higher cost plan from that month onwards.
Article 14 (Delayed Charges)
If the contractor unjustly eschews the usage fee etc. of this service, Subscriber have to pay the Company as a surcharge for the amount equivalent to twice the unpaid amount. In addition, in the case where the surcharge amount is unknown, the relevant amount is calculated at Our discretion.
If the contractor delays payment of usage fee etc. We will charge the Subscriber delayed charges at the rate of 14.6% per annum on the unpaid amount until full payment is made to Us. We will bill late payments charges to the Subscriber.
Article 15 (Revision of Fees)
When we revise the fees we will apply the revised fee to the Subscriber even during the validity of the subscription period. In addition, the Subscriber must regularly check our website etc. to know the price after the revision.
Article 16 (Recurring Billing)
Services plans are offered in Subscriptions of monthly basis (recurring). The initial subscription begins on the date that you purchase the services. All Subscription plans renew automatically for successive terms of the same length without further action by or notice to you unless you notify Subline of non-renewal before the end of the then current term by cancelling your Subscription from Subline’s web application. You will be billed at the time of purchase for additional services and notified by email about the addition of services. Additional services will be billed at the same recurring date as the main subscription account.
Article 17 (Refunds)
We does not offer any refunds for any interruption of SUBLINE service including international calling services. We don’t offer any refunds for any services that are ordered but not used.
Incase of any dispute on billing, we will act on the refund request based on our investigation and judgement.
Article 18 (Temporary suspension of this Service)
In the following cases, we can suspend this service temporarily without notice
- Due to natural disasters, power outages and other reasons causing disruption to our Services not attributable to our scope.
- Due to the failure, suspension, or other reasons of failure in telecommunications facilities owned by the related business operator.
- During maintenance of our service or performance improvement or monitoring, we will temporarily suspend this service and we will notify the Subscribers in advance as much as possible for the relevant service.
- Subscription will be stopped if the Subscriber failed to pay the subscription fee by the due date prescribed as the Subscription Agreement.
- We can suspend the provision of this service temporarily due to acts considered as harmful or against the acceptable use by the Subscriber.Even in this case, the contractor must pay the fee during the suspension period.
Article 19 (Termination by the Subscriber)
Subscriber can terminate the Subscription at any time from the SUBLINE web application. However, if there is an unpaid fee at the time of cancellation, the Subscriber must pay the full amount immediately.
Article 20 (Termination by Company)
We will suspend the use of this service immediately without any refund if the Subscriber falls under each of the following items.
(1) False, mistyped or admissible in all or part of the registered information by the Subscriber
(2) If the Company determines that payment of the Subscription Fee is delayed or might be delayed
(The late payment period is 15 days, and if Subscriber fails to pay the fee We will forcibly charge Customer’s credit card and we might take legal action against the Subscriber)
(3) In the event of bankruptcy or other bankruptcy proceedings of the Subscriber
(4) The provisions as mentioned in Acceptable Use and any breach of other conditions stipulated by this agreement.
(5) In addition to each of the preceding items, in cases where the Company determines that it is inappropriate to provide the service to the Subscriber.
Article 21 (No Resale Of The Services)
Your right to use the Services is personal to you. You agree not to resell the use of the Services.
Article 22 (International Calling Charges)
International calls are charged at the rates displayed on our Rates Page at https://global.subline.jp/plan_pricing. Rates vary based on country and region. Please contact SUBLINE support before making any calls if you are uncertain about the rate that you will be charged.
Article 23 (Mobile Applications)
With the Subline Mobile Applications ("Applications"), you can access and use selected features of your Services through your mobile device. Not all mobile devices are supported and not all mobile OS versions are supported. You are responsible for any charges incurred by you from your cellular telephone service provider due to calls received, calls placed, text messages received or sent, or other uses of the Subline applications which result in such charges. Please review your provider's policies and ensure you understand these charges before using the Applications. If you access the Services via the Application, such access will utilize your Services' minutes.
- You are prohibited to do the following :
- ●Modify the Applications or use them for any commercial purpose, or any public display, performance, sale or rental;
- ●Decompile, reverse engineer or disassemble the Applications
- ●Remove any copyright or other proprietary notices from the Applications
- ●Transfer the Applications to another person. You also agree to prevent any unauthorized copying of the Applications.
Article 24 (Handling of information)
- When we are requested or requested to disclose information based on various laws, ordinances, regulations and rules applicable to our company regarding stored information, we may respond to disclosure of information at our discretion.
- Notwithstanding the preceding paragraph, if the Company determines that it is necessary for the operation of this service, such as resolving the obstacle or securing security, the Company or its contractor can view, modify, delete, etc. the stored information.
We shall not be liable for any damages suffered by the Subscriber because of this and the Subscriber shall not be able to make any claim to the Our Company.
- In the event of lost, destroy or leaked or alike like of stored information we are not obligated to restore it. We shall not bear any responsibility for damage caused to a third party, and the contractor shall not object to our company's handling.
- The Subscriber should periodically backup the data on own responsibility in case of loss, destruction, falsification or leakage of stored information.
- We shall be able to delete all stored information at the time of acceptance of cancellation of the Subline’s service.
- We will take countermeasures to the reasonable extent against known errors that can cause unauthorized access to stored information or loss, destruction, falsification or leakage of stored information.
- We will not disclose the stored information to any third party except in cases separately prescribed in this agreement and will not use it for any purpose other than its intended use.
Article 25 (Handling of registered information)
- As part of our support, we can send e-mails, postal items, etc. that describe new services, changes in procedure method and other information deemed beneficial to our subscribers to the subscribers. However, the contractor can stop receiving e-mails, mail items, etc. by notifying Us in accordance with the procedures specified by the Company.
- The Subscriber shall notify the Company promptly according to the method specified by the Company when there is a change in the contact Information that are deemed important for Subscription such as Trade name, Name of the person in charge, Address, Telephone Number or E-mail address and other registration information. Until the notification arrives to Us and the Company confirms the fact change, we will provide this service as if there is no such change.
- We are not responsible for any damage caused by not being able to contact the Subscriber to the contact information registered at the time of application.
- We will not disclose the registration information to employees etc. for the performance of this service, etc. In addition, when disclosing registration information, we will comply with the provisions of this Agreement for employees, etc. or subcontractors.
- The Company will not collect, copy, use or process personal information beyond the scope necessary for the performance of this service and without prior consent of the Subscriber.
Article 26 (High load)
- When Company judge that high stress may affect the service, Company may terminate the service in part or fully.
- In the case that the high load on the service is caused due to Subscriber’s action as mentioned in the previous clauses, the Subscriber must promptly take the following countermeasures –
- Take measures or act to remove the cause of the high load on the service. Incase Subscriber requested Company to carry the activities causing high load, and high load occurs during Company working on the Subscriber’s request, Subscriber must bear the cost. Incase, Subscriber request Company to resolve the high load problem, Company will charge fees to the Subscriber to resolve the problem.
- Based on the subscription agreement, cancel the subscription of the service.
- In addition to the clauses mentioned in each of the preceding articles, Company will take specified actions.
- In the case that Company finds that the Subscriber is causing significantly higher load to the service as compared to the other Subscriber, Company will notify Subscriber on such issues. Subscriber must follow the instructions provided by Company and willfully work to take the countermeasures mentioned previously.
Article 27 (Scope of maintenance)
- Company warrants the service under normal use, which is consistent with generally accepted industry standards and according to the applicable documents specified by us. Company does not warrant that the service performance will be uniform or normal for any circumstances or load.
- We will put our best effort to provide the service throughout the year, 24/7/365 service.
- In the event of system failure or interruptions, we will attempt to restore the service as soon as possible.
Article 28 (Limited liability)
- Company shall not be responsible to the Subscriber for the events mentioned as below irrespective of intention or negligence
- Any conflict, including monetary disputes arising between the contractor and any third party due to use of our service.
- Any loss, damage due to loss, disruption, falsification or information leak occurred during or after the use of our service.
- Any data loss or data corruption occurred due to high load or disruption in the servers or facility.
- Loss or damage caused due to suspension of the service as mentioned.
- Loss or damage caused due to instructions provided by Company for this service.
- Loss, damage resulting from the action of the contractor based on the information provided by the Company.
- Loss or damage caused due to suspension, maintenance, security inspection activities, wear tear or failure of equipment etc. of the service related infrastructure.
- Loss or damage caused due to use of software not provided by Company.
- Loss or damage caused due to activities of other Subscribers.
- Loss or damage caused due to activities of third parties.
- Loss or damage caused to Subscriber due to suspension, rejection, or request to not receive automatic or periodic emails or notifications from Company.
- Subscriber acknowledge that the service may not be available due to system malfunctions, security flaws, virus attack, and other inherent problems associated with internet.
- Company hold no responsibility for any loss or damage caused due to failure and malfunction of business service provider’s infrastructure, such as internet service interruption, hardware failure of the data centers, accidental power outage, interruption or malfunction in network and communication service, used to provide this service. Also, we are not liable for any damage caused to the Subscriber due to interruption of use of the service or when Subscriber cannot use the service due to emergency maintenance or other unavoidable reasons.
- Company holds no responsibility for the damages caused to Subscriber such as data loss, irreparable data corruption, slowness in our service due to lack of internet speed, or any problems that are inherent with internet services.
- Company does not warrant that our service will meet any specific purpose and any certain results will be achieved by using our service.
Article 29 (Others)
- The Subscriber agrees to follow the below guidelines during the period of using the service and subscription agreement.
- 1 Subscriber or Subscriber’s organization is not related to organized crime groups, organizations involved in organized crime syndicates or those equivalent thereto (hereinafter collectively referred to as "antisocial forces").
- 2 Subscriber organization’s employees, such as executives, employees, or equivalent person executing the business of the organization, are not part or involved in any antisocial forces.
- 3 Subscriber must not enter into contract on behalf antisocial force.
- 4 Subscriber shall not do the following acts concerning this agreement on its own or by using a third party until the completion of delivery of this service and payment of the full amount of trading fee.
- a) Any threatening act or violent behavior against Company or related third parties.
- b) Any act to damage or obstruct Company’s business by illegal means, deception, or by using influence.
- Company holds absolute right to cancel or terminate the subscription agreement without any compensation obligation if the Subscriber fails to conform to this agreement.
Article 30 (About definition of confidential information)
The term ‘confidential information means’ all business or technical information disclosed to each party related to the subscription agreement.
- Disclosure of information that are clearly categorized or stated as confidential information such as technical materials, images, and any other form of technical documentation or information.
- Disclosure of information that are shared orally or any intangible items that are clearly categorized or stated as confidential information. In case a party violates and disclose the information, must inform the other party within the 15 days from the day of disclosure.
- Confidential information includes personal information.
Article 31 (Non-Disclosure of information)
- Each party under the subscription agreement agrees that any confidential information will not be disclosed to any third parties or any other entities. However, each party agrees that either party can disclose information in the event of any legal proceedings, mandatory disclosure under the provision of law.
- Each party agrees that the email as a letter and both parties must not disclose the information unless or otherwise stated above or without following the provisions under the law
- In the event when it is mandatory to disclose the information under the provision of law, each party must conform to terms and conditions of the subscription agreement. In arbitrary circumstance, each party must inform the other party before the disclosure regarding the pros and cons on the disclosure.
- Each party, the Subscriber and Company, agrees to duly follow the aforementioned procedures to comply with the confidentiality obligation prescribed in this section. Company and the contractor shall manage confidential information with the utmost care and should take all measures to follow the guidelines.
- Company shall be able to reproduce the necessary confidential information related to the service.
- Company shall be entrusted with the responsibility to the extent necessary for providing this service. However, in the case of using or handling confidential information to a third party within the scope of the consignment, we will assume the same obligation for the data confidentiality management.
- The Subscriber agrees not to use the confidential information obtained from using our service. The Subscriber must limit the purpose, scope and after taking necessary permission from Company before disclosing the confidential information.
Article 32 (Disposal of confidential information)
Each party agrees to dispose the confidential information and copy of any materials stated as confidential after receiving request from the other party.
Article 33 (Intellectual property rights)
- Company owns the trademarks and all other intellectual property rights of Company or of related third parties, from herein referred as “our trademarks”. Subscriber agrees not to use our trademarks without taking prior written approval from Company.
- The Subscriber may use our trademark as designated by us for sales and promotion purpose. In case of any change in the trademark, such as text change, image change, logo change etc., Subscriber must promptly adhere to our trademark and use the new trademark promptly.
- Subscriber agrees to not be involved in act directly or indirectly that can affect or damage rights of Company or related third parties concerning the trademark.
- The terms and conditions mentioned here are not to be construed as permission to use our trademarks.
- Unless stated otherwise, the copyrights of the text, images, and other copyrights materials etc. are owned by Company or owned by the third party affiliated parties. Subscriber has no right to use, copy, duplicate, share or modify our copyright materials or our trademarks without any prior written approval from us.
- In the event of customer providing any comments and suggestions (hereinafter referred as “feedback”) related to the service, Company will own all the rights and interests regarding the feedback. However, the feedback can be used without any limitation.
- Subscribers or by means of any third party affiliated with Subscribers are not allowed to file any complaint regarding patent infringement or other intellectual property rights for this service during the term of use and after cancellation of subscription of agreement.
Article 34 (Change and abolition of this service)
- The Company may change or abolish all or part of this service by announcing it within a reasonable period in a manner specified by the Company. We do not assume any responsibility for damage caused to the Subscriber by this.
- Subscribers shall continue to use this service after the change in the preceding paragraph and agree to use this service in accordance with the changed contents.
In addition, the contractor periodically confirms our website, etc. in order to know the change of this service and its contents.
Article 35 (Succession of Subscriber’s Position)
Merger of Subscribers, Subscriber’s organization with other organization, restructuring,reorganization, the Subscriber or the merged organization must promptly notify the Us on the status based on this Agreement.
Article 36 (Indemnification)
Subscriber agrees to indemnify and hold the Company and Company’s employees, officers, shareholders, and agents harmless against any and all claims, consequences or taxes, including penalties, fines or assessments, if any, which may arise from or relate to Subscriber's performance of the Services under this Agreement, and/or the payments received under this Agreement, violation of this Terms and Conditions, violation of any laws or regulations. This provision shall survive the termination of this Agreement.
Article 37 (Governing Law)
Unless stated otherwise, each party agrees to the governing law of Japan related to this service. Any claims, dispute between the parties related to the use of this service, the district court of the Company's business location shall be the exclusive jurisdiction court.
Article 38 (Entire Agreement)
This Agreement together with the Plan supersede any and all other prior understandings and agreements, either oral or in writing, between the parties with respect to the subject matter hereof and constitute the sole and only agreements between the parties with respect to the said subject matter. All prior negotiations and agreements between the parties with respect to the subject matter hereof are merged into this Agreement. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or by anyone acting on behalf of any party, which are not embodied in this Agreement or the Plan and that any agreement, statement or promise that is not contained in this Agreement or the Plan shall not be valid or binding or of any force or effect.