HILLS APP Terms and Conditions

(1)

“Telecommunication Devices” means telecommunication devices (such as smartphones) on which users downloaded this App.

(2)

“Content” means content (such as text, audio, music, images, video, software, programs, codes and other information) that users can access through this App.

(3)

This “Agreement” means the agreement between the Company and users under these Terms and Conditions.

(4)

"HILLS CARD" means a card issued by the Company under the HILLS CARD Membership terms and conditions.​

(5)

“HILLS Points” means points recorded by the Company for users under these Terms and Conditions or the HILLS CARD Membership terms and conditions.

(6)

“HILLS ID User” means a user who has agreed to the HILLS ID User terms and conditions and the HILLS CARD Membership terms and conditions, and registered as a HILLS ID User in accordance with the procedures prescribed by the Company, and who has been issued with a HILLS ID by the Company.

2.

Notwithstanding the preceding paragraph, persons under the age of 12 may not use this App regardless of whether or not they obtain the consent of their legal representatives.

2.

Users separately agree to the HILLS ID User terms and conditions, and may register as HILLS ID Users in accordance with the procedures prescribed by the Company.

3.

Users may not use this App if falling under any of the following:

(1)

persons who downloaded this App without following the procedure prescribed by the Company;

(2)

persons who have previously breached an agreement (including the HILLS ID User terms and conditions, the HILLS CARD Membership terms and conditions, and other terms and conditions prescribed by the Company) with the Company;

(3)

persons who constitute anti-social forces; or

(4)

any other person determined to be unsuitable by the Company.

2.

The following conditions apply to the use of app accounts until users register as HILLS ID Users and login with their HILLS ID (“HILLS ID Login”). The Company may not identify app accounts owned by users before using the HILLS ID Login; therefore, the Company may not respond to inquiries regarding the status of app accounts and the like.

(1)

Users may use app accounts only when they access this App on Telecommunication Devices.

(2)

App accounts may not be accessible due to malfunction, loss or model changes of Telecommunication Devices, uninstallation or update of this App, or the like. In such case, the app accounts will be deleted, and all HILLS Points recorded in the app accounts and rights of use in user’s app accounts will be extinguished.

3.

Users may not assign, loan, exchange, sell or purchase, realize, pledge, or cause to succeed to any rights or obligations in app accounts and this App to any third party. In addition, users shall not allow any third party to use app accounts or this App in any manner.

4.

If a user learns that a third party is using or is likely to use the app account of the user, the user shall immediately contact the Company to that effect and follow instructions given by the Company, if any.

5.

The Company may deem any act conducted in a user’s app account to be an act conducted by the user him or herself. The Company will not be liable for any damages incurred by the user due to a third party using the user’s app account, unless such damages are caused by the Company’s willful misconduct or gross negligence.

2.

HILLS Points recorded pursuant to the preceding paragraph are recorded in app accounts.

3.

The following applies to HILLS Points within app accounts until users use the HILLS ID Login:

(1)

users may not use HILLS Points within app accounts;

(2)

if an app account is deleted due to reasons such as inaccessibility to app accounts, all HILLS Points within the app account will be extinguished; and

(3)

even if users are issued with multiple app accounts (for example, if users download this App on telecommunication devices other than Telecommunication Devices), users may not combine HILLS Points recorded in each app account or transfer HILLS Points to another app account.

4.

Users may combine HILLS Points recorded in app accounts and the HILLS CARD issued by the Company in accordance with the procedures prescribed by the Company after using the HILLS ID Login. In this case, HILLS Points shall be handled in accordance with the HILLS CARD Membership terms and conditions.

2.

Users shall use this App at their own responsibility and bear full responsibility for all acts conducted in this App and the results thereof.

2.

Users must not use this App and the Content in a manner that exceeds the manner of use prescribed in these Terms and Conditions and this App (including acts of reproduction, transmission, redistribution and alteration).

3.

This App may contain links to websites of third parties not owned or controlled by the Company; however, the Company has no control over the content on websites of third parties or the handling of personal information and the like. The Company shall not bear any responsibility for any damages incurred by users arising from the use of websites of third parties.

(1)

an act that violates any law or regulation, judgement, ruling or order of courts, or administrative action;

(2)

an act that is contrary to public order or morality;

(3)

an act that infringes intellectual property rights including copyrights, trademark rights and patent rights, rights of reputation, privacy rights, or other legal or contractual rights of the Company or third parties;

(4)

an act of use that is beyond the scope of personal use or is for commercial purposes;

(5)

an act such as copying, photographing, recording, or distributing this App or the Content;

(6)

an act that interferes with or impedes the provision of this App or the use of this App by other users;

(7)

an act that interferes with communications, intercepts communications, transmits computer viruses or the like, unauthorized access to systems related to this App, or retrieves information;

(8)

an act that redistributes or lends all or part of this App (including copies), or resells or on-sells this App;

(9)

an act that deletes, alters (including altering data), modifies, adapts, creates any derivative works of, decompiles, disassembles or reverse engineers this App, or any act that induces or encourages third parties to conduct those acts;

(10)

an act that the Company has notified users of or announced as a prohibited act;

(11)

an act that supports or promotes an act falling under the foregoing; or

(12)

any other act that the Company has determined to be inappropriate.

(1)

if the repair or maintenance of systems related to this App is carried out;

(2)

if systems related to this App are overwhelmed due to excessive access or any other reason;

(3)

if it becomes necessary to ensure security;

(4)

if it becomes impossible to provide this App due to laws and regulations or the measures pursuant thereto; or

(5)

if any events similar to any of the foregoing occurs and the Company deems it necessary.

(1)

provision of this App to users;

(2)

improvement of this App;

(3)

repair and maintenance of systems relating to this App; and

(4)

the purposes of use described in the privacy policy and other terms and conditions prescribed by the Company concerning services of the Company accessed by users through this App.

2.

If a user causes damage to the Company in connection with the use of this App, the user shall compensate the Company for all damage incurred (including litigation costs and attorney fees).

3.

If a third party makes a claim for compensation for damage from the Company in connection with the use of this App, the user shall resolve that claim at its own expense and responsibility. If the Company pays damages to such third party, the user shall pay to the Company all costs and expenses including such damages (including attorney fees and loss of profit).

2.

The Company does not bear any liability for special damage (including foreseeable damage), loss of profit, indirect damage, incidental damage, consequential damage and punitive damage regardless of the cause of action, including default liability, statutory defects liability, unjust enrichment, and tort liability. However, this does not apply in the case of the Company’s willful misconduct or gross negligence.

3.

The maximum aggregate amount of damages that the Company bears responsibility for] to users is JPY 10,000 regardless of whether the cause of the claim, is due to default liability, statutory defects liability, unjust enrichment, tort liability, or other cause. However, this does not apply in the case of the Company’s willful misconduct or gross negligence.

2.

If a user breaches any of these Terms and Conditions, the HILLS ID User terms and conditions, the HILLS CARD Membership terms and conditions, or any other terms and conditions prescribed by the Company, the Company may, without prior notice to the user, suspend or delete his or her app account, suspend the use of all or part of this App, cancel all or part of this Agreement, or take other measures that the Company deems necessary and appropriate.

3.

If this Agreement terminates for any reason whatsoever (including the case where the Company discontinues this App), all HILLS Points within a user’s app account and rights of use in a user’s app account will be extinguished.

2.

If any amendment is made to these Terms and Conditions, users are considered to have agreed to such amended Terms and Conditions by continuing to use this App after the amendment of these Terms and Conditions.

2.

The Tokyo District Court shall have exclusive jurisdiction as the court of first instance with respect to any dispute between users and the Company arising out of or in connection with this Agreement or this App.