Thank you for choosing Genki Mobile. This Customer Agreement sets forth the legal Terms and Conditions, which will apply to your use of Genki Mobile’s services. “You” and “your” refer to any person, who uses this site, or to any person, who uses any Genki Mobile services.
In order to accept these terms and conditions, you must be at least 18 years of age or you must represent that your parent or legal guardian consents to your use of these terms and conditions.
In no case may you assign or transfer any rights and obligations to a third party.
We reserve the right to refuse service if we believe you are likely to:
We also reserve the right to refuse service if we believe you are intentionally making false statements at the time of registration as well as anytime throughout the use of our devices or services, or if we determine for any reason that it is impossible to provide the service.
Any agreement in written or oral form, payment and/or activation of any of our services, and the opening of any device packaging will be considered as an acceptance of our terms and conditions.
You are responsible for payment of all services and/or damages to any devices, which include any usage and/or damage incurred by any persons you have permitted to have direct or indirect access to your device even if use was not authorized.
You are responsible for being knowledgeable about any and all charges owed to us and we are not obliged to send invoices for any or all charges, neither during your time using our services and/or devices, nor after termination of our services.
Payment must be made in full to have continued access to our services and devices. If payments are not made by the deadline, services will be suspended or terminated.
We maintain the right to provide information about and to make changes to your order or services upon the direction of any person able to provide information we deem sufficient to identify you and their relationship to you.
These changes include but are not limited to:
You consent to the use by us or our authorized agents to contact you to advise you about our services or miscellaneous matters that we believe may be of interest to you via email, phone, fax, or regular mail. You also consent to the use of other reasonable means by which we may contact you.
Genki Mobile is not responsible for any loss/damages or charges/expenses incurred due to our inability to contact you despite our attempts to do so.
Genki Mobile does not manufacture any device that can be used with our services and we are not liable for any defects, acts, or omissions of the manufacturer of any device. We are also not responsible for any limited warranties provided by the manufacturer.
For Long Term Service (SIM Card):
For Long Term (SIM Card) and Short Term (Mobile WiFi Router) Service:
Services may be interrupted, delayed, or limited for a variety of reasons, including, but not limited to: high-usage periods, signal strength, customer equipment, environmental conditions (e.g. terrain, weather, foliage, architecture), unavailability of radio frequency channels, system capacity and constraints, priority access by National Security and Emergency Preparedness personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We do not guarantee the full availability of any wireless network or service.
Genki Mobile provides wireless data including, but not limited to features that may be used with data services and wireless content and applications.
Our services are intended for: web browsing, email, internet access, uploading and downloading ordinary applications and content to and from the Internet, and using applications and content without excessively contributing to network congestion.
You agree that Genki Mobile may engage in any reasonable network management practice and that you will use its services only for these permitted activities. You also agree to refrain from any illegal conduct or use with criminal intentions.
Data usage occurs whenever your device is connected to our network and is engaged in any data transmission. This includes but is not limited to: sending and receiving email, texts, documents, and content, accessing websites; and downloading and uploading applications and content.
You will be charged for all usage when your device is connected to our network, whether or not you initiate the connection or do so successfully.
Genki Mobile collects information about the approximate location of your device via our cell towers and the Global Positioning System (GPS). We use such information, as well as other usage and performance information, to provide you with wireless services and to maintain and improve our network and the quality of your wireless experience. It is your responsibility to notify users of your account that we may collect this data.
The software, interfaces, documentation, data, and content provided for your device may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software, or data generated or provided subsequently by Genki Mobile that is licensed to you by Genki Mobile and/or its licensors/suppliers for use only on your device.
You must respect the intellectual property rights of Genki Mobile, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any platform controlled by Genki Mobile or accessed through Genki Mobile’s websites.
When you rent, activate, or use our services or devices, you agree that you do not misuse or abuse our services or devices by:
You agree that you will not use our devices or services in any manner which compromises network security or capacity, adversely impacts network service levels or legitimate data flows, degrades network performance, or causes harm to the network or other customers.
You agree not to engage in conduct toward our employees, customers, or other that involves the use of derogatory, threatening, vulgar, offensive, or similarly unreasonable language or behavior, or engage in conduct that is harmful to, interferes with, damages, or affects our network and infrastructure, property, services, devices, operations, customers, reputation (e.g. defamation that may affect Genki Mobile or any associated parties’ trust and disturb sales), and intellectual property rights.
You agree that you will not use our devices or services in any manner, which conflicts with applicable law. Further, you may not belong to or be affiliated with any unlawful persons, groups, or organizations.
We reserve the right to take any action at our sole discretion to protect and maintain the integrity of our network, rights and property, services, or the rights and interests of others. This may include but is not limited to:
Genki Mobile makes no representations or warranties, expressed or implied, including (to the extent of the law) without limitation: any implied warranty, suitability, accuracy, security, performance regarding our services, devices, applications, software, or other services subject to this agreement.
We do not promise or guarantee uninterrupted or error-free services or coverage.
You agree that, unless prohibited by law, the following limitations of service and liability apply and that neither we nor our subsidiaries, affiliates, vendors, suppliers, or licensors are responsible for any damages resulting from: any act, mistakes, or omission of a third party; mistakes, omissions, interruptions, errors, failures to transmit, delays, or failures or defects in the services or software or devices provided by or through us; damage or injury caused by the use of services, software, or device; claims against you by third parties; damage or injury caused by suspension or termination of services or software; damage or injury caused by an interruption or failure in accessing or attempting to access emergency services from a device; any health-related claims relating to our services or devices; data content or information accessed while using our services; loss or disclosure of any sensitive information you transmit; interrupted, failed, or inaccurate location information services; information or communication, which is blocked by a spam filter; damage to your device or any computer or equipment connected to your device; damage to or loss of any information stored on your device, computer, equipment, or Genki Mobile storage space, including damage or loss from your use of the services or from viruses or downloads of malicious content, software, materials, data, text, images, video, or audio; or things we cannot control, including but not limited to: environmental disasters or government action.
Unless prohibited by law, under no circumstances is Genki Mobile liable for any indirect, incidental, punitive, multiple, special or consequential losses or damages of any nature whatsoever that you or any third party may suffer by use of, or inability to use, services, software, or devices provided by or through Genki Mobile. This includes but is not limited to: the loss of business of goodwill, revenue or profits, or claims of personal injuries.
This limitation and waiver also applies if you bring a claim against one of our suppliers if we would be required to indemnify the supplier for the claim.
You agree to indemnify, defend and hold Genki Mobile (including its officers, directors and employees) and its affiliates, vendors, suppliers and licensors harmless from and against any and all claims for damages of any nature arising in any way from or relating to, directly or indirectly, the services or devices provided by Genki Mobile or any person’s use thereof, including claims arising in whole or in part from Genki Mobile’s alleged negligence, or any violation by you.
You must notify us in writing at our office of dispute resolution within 30 days of the date of any event giving rise to a dispute, including any dispute over charges and/or services we provided, or you will waive your right to dispute the charges and/or services and to bring or participate in any legal action raising such dispute.
If any provision in our Terms and Conditions is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. Only provisions and clauses found to be unenforceable by the aforementioned bodies shall be null and void.
The law of Japan shall govern these Terms and Conditions. In the event of dispute, the law of Japan shall govern.
The Terms and Conditions constitutes the entire agreement between you and us, Genki Mobile. These Terms and Conditions therefore supersedes any and all prior agreements and understandings relating to the subject matter of these Terms and Conditions.
The provisions and clauses of these Terms and Conditions that would, by their nature, continue beyond the termination of services shall survive termination of services.