Tokyo 2020 Olympic and Paralympic Games - Ceremony Cast Card
These terms and conditions of “Tokyo 2020 Olympic and Paralympic Games - Ceremony Cast Card” (hereinafter referred to as “Terms and Conditions”) provide the terms and conditions for the use of the Ceremony Cast Card (hereinafter referred to as “the Card”), which is a VISA card for the Tokyo 2020 Olympic and Paralympic Games provided by Kyash Inc. (hereinafter referred to as “Kyash”). By using the Card, the Ceremony Casts (hereinafter referred to as “Users”) are deemed to have agreed to these Terms and Conditions.
Article 1. Ceremony Cast Card
- This Card is issued by Kyash in accordance with the license granted by Visa Worldwide Pte. Limited.
- The Tokyo Organizing Committee for the Olympic and Paralympic Games (hereinafter referred to as the “Organizing Committee”) will distribute the Card to Ceremony Cast. After distributing the Card to each User, the Organizing Committee will charge the amount payable to each User as compensation determined by the Organizing Committee. The Card stores a third-party prepaid payment instrument issued by Kyash (the “Value”) equivalent to the compensation amount payable to each User. The Value can be used for payment at Visa merchants.
Article 2. Use of the Card
- The User shall sign his/her name on the signature line on the back of the Card.
- Users may use the Card to pay for permitted products and services at Visa merchants in Japan. However, some overseas Visa merchants may accept the Card for Internet shopping, so please check with the merchant in advance when using the Card overseas.
- Notwithstanding the preceding paragraph, Users agree in advance that the Card may not be able to be used for purchase of some products and services for which recurring fees are charged, such as membership fees and connection fees, or for highway toll and some hotels.
- Users may use the Card in a manner prescribed by Kyash, such as by signing names in the same manner as the signature previously written on the back of the Card, when making purchases at Visa merchants.
- Kyash will indemnify the User for any losses or damages incurred by the User in the event that the payment is not completed properly due to reasons attributable to Kyash.
- When a User makes a payment using the Card, the payment may be completed even if the balance of Value is insufficient. In this case, Kyash will pay the insufficient amount on behalf of the User and then claim the refund to the Users by prescribed due date. Upon the claim, the User will settle the insufficient amount by charging to the Ceremony Cast Account as specified in Article 5. If the User fails to settle the amount by the due date, the interest on the late payment shall be charged to the User at the rate of 14.6% per annum.
- Kyash shall not be responsible for any transactions between the Users and Visa merchants. Any inquiries, issues, or disputes related to such transactions shall be resolved between the User and the Visa merchant.
Article 3. Management of the Card
- The Card is loaned to the User by Kyash and the ownership of the Card shall remain to Kyash.
- Users shall not lend, transfer, or permit the use of the Card or, their IDs or registration numbers as set forth in Article 5, to any third party.
- The User shall take due care to prevent the theft or loss of the Card, or ID or registration number.
Article 4. Expiry Date of the Card
- The Card is intended to be used by Ceremony Cast of the Tokyo 2020 Olympic and Paralympic Games until December 31, 2021 (the “Expiry Date”) and the Card cannot be used after the Expiry Date.
- If there is any Value remaining on the Card on the Expiry Date, the Value may be transferred in accordance with Article 6.
Article 5. Ceremony Cast Account
- The Users can access to the Ceremony Cast Account on which the Value is stored, by downloading the Kyash application (“Kyash App”) and entering the following information to Kyash App:
a. the seven-digit registration number provided by the Organizing Committee
b. the password shown on the backing paper to which the Card is attached; and
c. User's name and email address.
- Users can check their balance of the Value on their Ceremony Cast Account and can make charge to the Value according to the prescribed method.
- The Ceremony Cast Account will expire on the Expiry Date. If there is any Value remaining in the Ceremony Cast Account on the Expiry Date, Users may transfer the Value in accordance with Article 6.
Article 6. Transfer of Value
If there is Value remaining on the Card (and Ceremony Cast Account) on the Expiry Date, Users may transfer the Value by having two accounts in the Kyash App and completing the following process:
- Until the Expiry Date (December 31, 2021)
a. User will access his/her Ceremony Cast Account as specified in Article ５-1.
- Until March 31, 2022.
a. On the Expiry Date, Kyash will send a Gift Code to the email address registered by the User in accordance with the Article ５-1-c. A Gift Code contains an amount equal to the remaining Value.
b. Users can transfer their remaining Value by registering the Gift Code to their General Account by March 31, 2022.
Article 7. Card Theft, etc.
- Kyash shall not be liable for any loss or damage incurred by the Users if the Card is misused by a third party due to theft, forgery, loss or any other reason (collectively, “Theft”), except in cases where Kyash is at fault.
- In the event of theft, misuse or loss of the Card, the User shall immediately notify Kyash and Kyash shall suspend the use of the Card.
Article 8. Reissue of the Card
- If User wishes to have the Card reissued due to defective magnetism or other damage on the Card, or due to theft or loss of the Card, Kyash will issue a Kyash Card Lite to the User with the same balance of the original Card of the User.
- Users who wish to request reissuing the Card must access to their Ceremony Cast Account as set forth in Section 5. The User will also be responsible for the reissue fee.
- If the reissued Card cannot be delivered to the address provided by the User for any reasons, Kyash will hold the reissued card until the Expiry Date and then destroy it. In such cases, the reissue fee will not be refunded to the User.
Article 9. Prohibition of Refunds
Kyash is not allowed to refund the balance on the Card to the Users with certain exceptions prescribed in the Payment Services Act in Japan.
Article 10. User's Representations and Warranties
Users represent and warrant that: they do not, and will not in the future, fall under any of the following: (i) a person who is a member of a crime syndicate (hereinafter referred to as a “Member of Crime Syndicate”), (ii) a person who is a symbiote of a Member of Crime Syndicate, or (iii) any other person equivalent thereto; and (iii) a person who, by using himself/herself or a third party, has committed or will commit any of the following acts: violent demands, unreasonable demands beyond legal responsibility, threatening words or actions or the use of violence in transactions, spreading rumors, using false accounting, or using force. The User shall not use the service to make violent or unreasonable demands, nor use threatening words or violence in relation to transactions, spread rumors, use deception or force to damage the reputation of Kyash or interfere with Kyash's business, or commit any other similar acts.
Article 11. Non-Guarantee and Disclaimer
- Kyash makes no warranty, express or implied, as to the completeness, effectiveness, fitness for a particular purpose, reliability, or absence of other defects (including, but not limited to, the inclusion of computer viruses, errors, bugs, or other failures) in the use of the Card. In the event of a defect, Kyash will make every effort to repair or improve the service, but does not guarantee that it will be free of defects.
- Kyash shall not be liable for any damages incurred as a result of the use of the Card, except in cases where such damages are caused by the intentional act or gross negligence of Kyash.
- Kyash shall not be liable for any loss or damage incurred by the User as a result of the changes, suspension or termination of the use of the Card at the discretion of the Organizing Committee, etc., except in cases where such loss or damage is caused by the intentional act or gross negligence of Kyash.
Article 12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, and any and all disputes or lawsuits relating to the Card shall be submitted to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the case may be.