Lug THRU Terms of Use

“Lug THRU” (hereinafter, “Services”) collectively mean the vehicle assignment services (functions) provided by Aisin Corporation (hereinafter, “Company”) to the users of the Services (hereinafter, “User(s)”), in accordance with the conditions set forth in the Lug THRU Terms of Use (hereinafter, “Terms of Use”), in which Users use the website named “Lug THRU” (hereinafter, “Website”) operated by our Company, to appoint and reserve the passenger and freight carrier (hereinafter, “Carrier(s)”) registered in our Website to provide transport service to transport Users (also including their accompanier) and their freight to the place designated by the Users (hereinafter, “Transport Services”). Please use the Services upon agreeing to the Terms of Use. The Terms of Use is to be executed between Users and our Company, and Users are deemed to have agreed to the Terms of Use upon clicking the button indicating agreement to the Terms of Use. Also, the Terms of Use shall be applied to the updated version of the Website if any updates are made thereto.

Article 1(Scope of Application of & Modifications to the Terms of Use)
1. The Terms of Use shall be applied to any matters related to the use of the Services.
2. Our Company may, according to the Article 548-1 of the Civil Code, modify the Terms of Use by announcing the modified Terms of Use and the effective date thereof on the Website or through other appropriate means of announcement, without obtaining approval of the Users. The Users are deemed to have agreed to the modified version of the Terms of Use, once the Users have used the Services after such modification.

Article 2 (Eligible User)
Users with limited legal capacity under applicable laws, such as minors are not eligible to use the Services. A User categorized as a minor under applicable laws may use the Services only upon obtaining the approval of person with parental authority or guardians. Also, if the Carrier specifies special conditions with their own discretion for a certain transport service, the Users shall follow such conditions.

Article 3 (Preparation of Facilities, etc.)
Users shall, at their own responsibility and fees, prepare and maintain the environment that serve as the preconditions to use the Services, such as the preparation and installment of computer, communication devices, and any other devices associated therewith, execution of phone and internet subscription, payment of phone bills and any other fees required to use the Services, etc.

Article 4 (Scope of Services)
1. Our company do not engage in passenger and freight transport services; we merely provide means for Carrier to provide transport services of passengers and freight through the Services and information on the Website. 
2. By using the Services, the agreement to transport the Users (including their accompanier) and their freight to the place designated by the Users are executed between the Users and Carrier. Our Company shall not be the party to such agreement.
3. The Users shall provide their personal data, such as name, phone number, email address, etc. when applying for the Services. Users warrant that such information registered are accurate and sufficient. 

Article 5 (Acceptance of Reservation)
1. When Users use the Website and apply for the reservation of the Transport Services by Carriers, and the reservation has been displayed as accepted on the Website, such display shall be deemed as the completion of acceptance of the reservation.
2. Our Company will transmit the completion of acceptance email to the registered email address of the Users, simultaneously with the completion of acceptance. Users shall acknowledge in advance that, regardless of reason, the completion of acceptance email may fail, delay, or not delivered, and our Company will not be liable for any damage that may arise therefrom, except arising from the causes attributable to our Company.
3. After completing the acceptance of reservation, the Carriers undertake to transport the Users and their freight to the place designated by the Users.
4.Users may cancel their reservations until one hour before the reservation acceptance time. If cancelling within one hour of the reservation acceptance time, Users are required to pay Carrier the cancel fee, in accordance with the Carrier’s cancel policy.
5.Possible transport date, time, and reservation acceptance time shall be otherwise determined by the Carriers. The possible transport date, time, and reservation acceptance time will be displayed on the Website, but as provided in the Article 13, paragraph 2 of the Terms of Use, our Company do not warrant the accuracy of such display.

Article 6 (Fee for Transport Services)
1. Users shall pay the fee for the Transport Services (hereinafter, “Fee”) by means designated by the Carriers, at the time of completion of passenger transportation.
2. Out of the Fee to be paid by the Users, the freight transportation fee shall be calculated according to the distance to the destination, which Users can check on the Website at the time of reserving the Transport Services; Out of the Fee to be paid by the Users, the passenger transportation fee shall be calculated by the meter installed in the Carrier’s vehicle, according to the traveled distance and waiting time, which the approximate amount will be displayed on the Website at the time of reserving the Transport Services.
3. Fee may be changed or revised as appropriate by discretion of the Carriers. Please check the latest information on the Fee at the responsibility of the Users.
4. Any complaints, claims, troubles, and damages, etc. arising from or related to the Transport Services or payment of the Fee thereof shall be resolved by the relevant Carrier and Users. Also, any complaints, claims, troubles, and damages, etc. arising from or related to the Transport Services provided by the Carrier shall be resolved by the relevant Carrier and Users. In addition, if Users pay the Fee for the Transport Services through payment process provider, any complaints, claims, troubles, and damages, etc. arising from or related to the payment processing by such payment process provider shall be resolved by the relevant payment process provider and Users.

Article 7 (Usage of Information Obtained)
Our Company may use the personal data obtained through the Users’ use of the Services pursuant to the “Privacy Policy” https://lug-thru.com/term/privacy_policy_en established by our Company. Also, our Company shall handle such personal data pursuant to the “Personal Data Basic Protection Policy” https://www.aisin.com/jp/privacy/ established by our Company.

Article 8 (Ownership of Rights)
1. The copyright (including the rights stipulated in the Article 27 and 28 of the Copyright Act) regarding the Services and information provided through the Services (hereinafter, “Information”) and any other intellectual property rights and know-how (herein after collectively, “Intellectual Property Rights”) shall belong to our Company or a third party granted the Intellectual Property Rights to our Company, but shall not belong to the Users.
2. Our Company do not transfer or grant license to Users the Intellectual Property Rights related to the Services and the Information.

Article 9 (Matters Prohibited)
Except as precisely permitted under the Terms of Use, the Users are prohibited from engaging in or have a third party engage in the conducts provided in the following items, regarding the Services:
(1) Whether for profit or non-profit purpose, to print, copy, duplicate, forward, extract, process, change, make them transmittable, or create derivative works of the Services;
(2) Whether for profit or non-profit purpose, to lease, sell, re-distribute, transmit publicly, grant sub-license of, etc., or have a third party to use the Services;
(3) To de-assemble, de-compile, or reverse engineer;
(4) To use for profit or business purpose, or prepare for such use;
(5) To infringe the Intellectual Property Rights of our Company or a third party (including but not limited to the Carrier. The same applies hereinafter); 
(6) To act against the public policy;
(7) To engage in the conducts in breach of laws.;
(8) To engage in crimes or conduct that may lead to crimes;
(9) To unlawfully access to, impose excessive burden on the facility used by our Company, or hinder the provision or operation of the Services;
(10) To engage in such conduct to cause damage to our Company or a third party;
(11) To hinder the operation of our Company or a third party, discredit or defame our Company or a third party; or
(12) To engage in other conducts that our Company consider as improper for usage or operation of the Services.

Article 10 (Freight Cannot be Transported)
In using the services, Users shall not entrust to transport the following freight to Carriers:
(1) Items that represent money or rights, such as cash, checks, securities, etc., bank card, and means of payment, such as credit card, etc.;
(2) Jewelry, precious metals, artwork, antique, and other objects that values more than one hundred thousand JPY per item;
(3) Fragile items that are not suitable for transport by vehicle unless special measures are taken;
(4) Items with risk of explosion, etc., such as gun powder and drastic;
(5) Firearms, illegal drugs, and other materials that are prohibited to possess or obtain under laws and regulations;
(6) Items that are considered to be related to crimes;
(7) Items that may hinder transportation, such as pets, raw things, and items with unusual odor;
(8) Items that excess the loading capacity of the trunk and inside the Carrier’s vehicle; and
(9) Other items listed in the Article 52 of the Transportation Rules on Passenger Vehicle Transport Business.

Article 11 (Matters Agreed)
Users agree to the following matters in using the Services:
(1) Our Company may change, revise, or update what to provide and means of providing the Services at its own discretion at any time, to improve the function of the system for the Services, or along with the establishment, revision, or abolition of laws and regulations, etc., any changes to the information related to the traffic or transportation, or other social circumstances;
(2) For periodical inspection or maintenance of the system of the Services, our Company may cease to provide all or a part of the Services;
(3) If the provision of the Services become impossible when the urgent inspection or maintenance of the system of the Services is required, or due to accident, Acts of God, labor dispute, Force Majeure, or system failure, etc., or if our Company consider as inevitable for operational and technological reason, our Company may terminate the whole or a part of the Services;
(4) Our Company may change what to provide and means of providing the Services, or terminate to provide the Services, without notifying the Users in advance;
(5) Our Company may collect and use technological and information related thereto. Such information may be periodically collected for updating and supporting services for the Services, or providing other services for Users, and may be used within the scope the individual Users are unidentifiable;
(6) The Information may be different from the actuals;
(7) Users may not be able to use the Services, depending on the model and setting of the computer and communication devices, etc. used by Users;
(8) Due to inevitable reasons, such as the crowding of acceptance of reservation by Carrier, traffic jam, bad weather, etc., and circumstance of the Carrier, the assignment of vehicle to the designated pick up place and Transport Services may delay;
(9) The passenger transportation fee displayed on the Website is merely an estimated amount, and will be calculated according to the travel distance and waiting time through the meter installed in the Carrier’s vehicle;
(10) The Services are not available for purpose exclusively to deliver the freight;
(11) The means to deliver the freight that excess the carrying capacity of the trunk and inside the vehicle of the Carrier shall be otherwise arranged by the Users.

Article 12 (Exclusion of Anti-Social Forces)
Users represent and warrant, presently and in the future, the matters provided in the following items:
1. The User is not an organized crime group, a member of organized crime groups, within 5 years of secession from organized crime groups, quasi-member of organized crime groups, entity related to organized crime groups, corporate extortionist, group engage in criminal activities under the pretext of social campaigns, group specialized in intellectual crimes, or any parties of the like (hereinafter collectively, “Anti-Social Forces”); 
2. Does not have relationship which may be deemed as using the Anti-Social Forces for purposes to pursue unlawful profit for the User or a third party, or cause damage to a third party; and
3. Does not provide fund, etc., or benefit to Anti-Social Forces.

Article 13 (Disclaimer)
1. Users shall comply with laws and regulations and use the Services and Information under the full responsibility of the Users. Even if the User have incurred damage, etc., due to reasons attributable to our Company, such as defects of the Services or the Website, the scope of compensation liability of our Company to the User shall be limited to the direct and actual damage that can be proved by the User, and the maximum amount of damages shall be limited to the transport service arrangement fees that the User is payable to our Company (if such amount is 0 Yen, the maximum amount shall be 500 Yen.), except that such damage arises from the willful intention or gross negligence of our Company. On the other hand, the damage, etc., arising from or related to the Transport Services or Carrier shall be treated pursuant to the paragraph 5 of this Article, and our Company shall not be liable to the Users.
2. Our Company do not make any warranties on the Services and Information, including but not limited to the accuracy, completeness, or fitness for special purposes of the Information, action and function of the Services.
3. Unless otherwise provided, our Company shall not be liable for damage directly and indirectly incurred by Users or a third party (including but not limited to the damage caused by loss of data and business profit, etc.), due to use or unable to use the Services and Information, including the liability on the infringement of a third party’s Intellectual Property Rights.
4. Our Company shall not be liable for damage caused by the Users’ breach of the Terms of Use and any other matters explicitly stipulated regarding the Services and Information; the Users shall be liable for such damage.
5. Any responsibility of Carrier regarding the Transport Services (including but not limited to the non-provision, delay, or wrong delivery of the Transport Services, loss or damage to the freight, accident during transportation) shall be borne by the Carrier providing the Transport Services to the Users. Any complaints, claims, troubles, accidents, damage, etc. shall be resolved by the Carrier and the Users, and Users shall not make complaints, claims, or demand against our Company.

Article 14 (Liability of Users)
1. If the User cause damage to a third party or any disputes may arise between a third party, in relation to the use of the Services and Information, such User shall resolve the matter at its own cost and responsibility, and shall hold our Company harmless from such matters.
2. Our company may claim compensation for damage against the User if our Company has incurred damage due to the User’s breach of the Terms of Use, misconduct or illegal conduct.

Article 15 (Termination of Qualification)
If our Company considers the User falls under any of the following, our Company may take necessary measures, such as terminate the User’s qualification to use the Services, etc., without notification or demand of any kind to such User.
(1) If the User has beached any provisions of the Terms of Use;
(2) If our Company considers the User breaches the warranties provided in Article 12; or
(3) In addition to the previous two items, if our Company considers the User is inappropriate to use the Services.

Article 16 (Period of Use)
There is no pre-determined period for using the Services. However, our Company may, at any time at its own discretion, regardless of the reason, terminate the operation of the Services without notifying or bearing liability to the Users.

Article 17 (Termination of Services)
If our Company has terminated the operation of the Services, the Users shall not use the Services regardless of the reason.

Article 18 (Severability)
If any provision or a part thereof has been determined to be invalid or unenforceable under the Consumer Contract Act or any other laws and regulations, the remaining provisions or the remaining part of the invalid or unenforceable provision shall continue to be in full force.

Article 19 (Survival)
Even after the termination of use of the Services, the provisions of Article 6 (Fee for the Transport Services), Article 7 (Usage of Information Obtained), Article 8 (Ownership of Rights), Article 9 (Matters Prohibited), Article 11 (Matters Agreed), Article 12 (Exclusion of Anti-Social Forces), Article 13 (Disclaimer), Article 14 (Liability of Users), Article 17 (Termination of Services), Article 18 (Severability), this Article (Survival),
Article 20 (Governing Law), and Article 21 (Court of Jurisdiction) shall continue to be in full force.

Article 20 (Governing Law)
Formation, performance, and interpretation of the Terms of Use shall be governed by the laws of Japan.

Article 21 (Court of Jurisdiction)
Any disputes arising between the User and our Company in relation to the Terms of Use, and any other matters explicitly stipulated regarding the Website and Information shall be subject to the exclusive jurisdiction of the Nagoya District Court in the first instance.

Supplemental Provision
The Terms of Use shall be effective from October 1, 2024.

Date of regulations establishment: October 1, 2024