Terms of Service

Last updated on July 21, 2009
NAVITIME JAPAN Co., Ltd.

The English version of the navigation services "NAVITIME" (referred to as the "Service(s)") of NAVITIME JAPAN Co., Ltd. (referred to as the "Company") shall be provided to you by the Company in accordance with these terms and conditions of service (collectively referred to as the "Terms") specified by the Company. You may not use the Services if you do not accept the Terms. The Terms shall be deemed to have been accepted by you, if you start to use the Services.

Article 1  Services

  1. The Services shall consist of route search service, map search service and other services that are selected by the Company which shall be provided to certain devices selected by the Company (referred to as the "Device(s)") through web sites controlled or operated by the Company in accordance with the Terms, provided, however, that the content of the Services may be modified from time to time without notice to you and at the Company's sole discretion.
  2. The Company shall not be obliged to continuously provide the Services and may suspend or terminate all or part of the Services without notice to you and for any reason whatsoever.

Article 2  Prohibited Uses

  1. You may use (i.e., run the program on the Devices or transfer, view, etc. the data, etc. to or on the Devices) the Services both in public and private sphere, provided, however, that any use for commercial purposes (i.e., use of the Services as a means to directly make money or pursue other commercial interests) is [strictly] prohibited.
  2. You may not do any of the following with respect to the Services and the software, documents, data, pictures, characters, logos, etc. that are used in the Services:
    1)
    delete or modify any product marking, copyright notice, or other warnings or restrictions under the proprietary rights;
    2)
    copy, distribute, publicly transmit, modify, translate, adapt or make derivative works;
    3)
    transfer, sell, assign or otherwise dispose of to any third parties without prior written consent of the Company;
    4)
    sub-license, lease or in another manner have a third party use without prior written consent of the Company;
    5)
    reverse engineer, decompile or disassemble;
    6)
    disrupt the operation of the Services or damage the credibility of the Services or do anything that may possibly lead to or result in such a situation; or
    7)
    in a manner other than that of the preceding items, infringe, limit, disrupt the rights of the Company or a third party or do anything that may possibly lead to or result in such a situation.

Article 3  NAVITIME ID

  1. NAVITIME ID shall be granted by entering necessary information pursuant to the Company's prescribed registration procedure and upon completion of such registration procedure.
  2. If you already have a PC login ID and password for the Japanese version of "NAVITIME" or for "Global NAVITIME" as of May 20, 2009, and have used such ID and password more than once, such ID and password shall be your NAVITIME ID and password for the Services without any additional procedure.

Article 4  Warning and Caution for Use

  1. General
    1)
    You may only use the Services at your own and sole risk after understanding the content of the Terms.
    2)
    Information regarding maps, routes from the departure point to destination, traffic regulations, road conditions, operating status, timetables, facilities, weather, etc. (collectively referred to as the "Service Information") which are provided by means of screen display, voice guidance, etc. (referred to as "Display, etc.") through the Services may differ from the actual status at time of use and may not be accurate.
    3)
    You may not receive the Services because of the Devices' inability to receive electromagnetic waves or other functional limitations.
    4)
    Among the coverage areas or countries of the Services, there are certain locations for which Service Information may not be provided.
    5)
    The provision of and the content of the Services Information may be modified without notice to you.
  2. Driving, Walking, Etc.

    Warning!

    1)
    Using your Device or watching the display thereof while driving a car, motorcycle, bicycle, etc. or walking is very dangerous.  Stop at a safe place when using your Device or watching the display thereof to access and use the Services. Further, note that watching the display of your Device while driving a car, a motorcycle, etc. may violate the Road Traffic Act.
    2)
    Strictly obey traffic signals, traffic signs, road indications and other traffic regulations and road conditions.
    • Information provided regarding traffic regulations primarily applies only to ordinary motor vehicles and not for large-size motor vehicles, two-wheeled motor vehicles, etc.
    • Roads which are Displayed, etc. as passable may actually be impassable because of holiday promenade, seasonal closings, etc.
    • Roads which are Displayed, etc. as passable may actually be impassable for pedestrians.
    • Roads which have traffic restrictions and are only open for a certain period of time during the day may be Displayed, etc. as roads which are always passable regardless of such restriction, and, in addition, intersections which have no right turn or no left turn restrictions during certain time periods may be Displayed, etc., as intersections which are always right turn prohibited or left turn prohibited.
    3)
    Do not use the Services for guidance to emergency medical facilities, etc. The Service Information does not include all police stations, fire stations, medical facilities, etc. and may be different from the actual facilities.
  3. Railroads, Airplanes, Buses, Etc.
    1)
    As to information regarding timetables, the timing of updates to the Service Information may differ from the timing of actual amendments to timetables.
    2)
    When using express trains or airplanes, check the actual departure and arrival time again when you make reservations and before boarding.
    3)
    Estimated times to destination may be Displayed etc. for certain parts of the line of tramways and airport limousines.
  4. Others
    As to information regarding facilities and shops, the name, address, telephone number, etc. may change/not be correct or the facility or shop itself may no longer exist. Information regarding schedules, venue, etc. may also change/not be correct.

Article 5  Service Fees

  1. The Services shall consist of free services that do not require service fees and other services that incur service fees (referred to as the "Charged Services"). In order for you to use the Charged Services, you must subscribe to the charged services of "NAVITIME" (English version) for mobile phones and other mobile terminal devices selected by the Company (referred to as "Charged Services For Mobile Devices" in this Article). You may use the Charged Services only during the term of the Charged Services For Mobile Devices (Note that subscription to some Charged Services For Mobile Devices will not enable you to use certain Charged Services.).
  2. The use of the Services may involve communication fees, etc. as required by [your] telecommunication carriers in addition to the service fees of the Charged Services. Those communication fees, etc. shall be borne by you.

Article 6  Intellectual Property Rights

All intellectual property rights and other rights regarding the Services shall belong to the Company or a third party who licenses the use of such intellectual property right, etc. to the Company.

Article 7  Disclaimer of Warranties

The Company will make diligent effort to ensure the provision of the Services, but does not represent or warrant the accuracy, completeness, or safety of the Services or whether the Services are suitable or efficient for your specific purposes, etc., and also does not represent or warrant that the Services will not infringe on any intellectual property rights, or that the Services are free from defects and will operate without error, etc.

Article 8  Limitation of Liability

  1. Except as expressly provided in the Terms, the Company shall not be liable for any damages which may be incurred as a result of the use of or the inability to use the Services, under any theory of non-performance of the contractual obligation, warranty, unjust enrichment, tort or otherwise.
  2. The Company shall not be liable for any indirect damages, special damages (including damages of which the Company has been advised may possibly arise), damages incurred by claims from third parties, or damages for loss of profits, interruption of business, loss of data or loss of opportunity to use data.

Article 9  General Terms

  1. You may not transfer your contractual position regarding the use of the Services or assign, pledge or delegate all or part of your rights and obligations hereunder to third parties without the prior written consent of the Company.
  2. If you breach any of the provisions of the Terms, the Company may immediately terminate the provision of the Services to you without any notice.
  3. The Company may modify, supplement or delete the Terms without your consent or prior notice to you. The Services should be used only after checking the Terms from time to time and with the knowledge that through use you are consenting to the content thereof at such time of use.
  4. The Terms shall be construed in accordance with the laws of Japan.
  5. If the necessity of litigation of a dispute arises concerning the Services, the court of first-instance and having exclusive jurisdiction shall be the Tokyo District Court or the Tokyo Summary Court.