Terms of Service | XCom Global, Inc.

Terms of Service | XCom Global, Inc.

Terms and Condition for Using Global Cellular, Global Data (Imoto no WiFi/JAPAN WiFi) and POCKETALK

XCom Global, Inc. (Hereinafter "Our Company") Provides our "Global Cellular", "Global Data (Imoto no WiFi/JAPAN WiFi)"and POCKETALK device service in accordance with the terms and conditions of cellular service "Global Cellular" and Data communication service "Global Data (Imoto no WiFi/JAPAN WiFi)" (Hereinafter "terms and conditions" and sometimes referred to as "Rental" based on the details of this service). When customers apply our services, Our Company requests customers to confirm and accept these terms and conditions. These terms and conditions apply to all relevance related to the service.

Article 1 (Definition)

The meaning of the terminology used in these terms and conditions is defined in below articles.
1. Telecommunication device etc.
In addition to the cellular phone and device for data communication, Our Company defines all devices will be rented, including accessories.
2. Applicant
Our Company defines customer or representative who apply service contract.
3. User
User is the person who actually uses our services.
4. Serivce Fee
The total amount of charges includes package plan which applicant choose, telephone, communication, and optional fee as well as shipping fee, other shipping related fee and processing fee.

Article 2 (Policy on the Protection of Personal Information)

In view of Act on the Protection of Personal Information, Our Company shall properly control applicants’ and users’ personal information with good manner. Our Company provides services such as introduction for products and service, implementation for survey and shall use such information only for our privacy policy as written at（https://www.imotonowifi.jp/about/privacypolicy-en/） and not use for other purposes. Further, in privacy policy, the below items are written, and Our Company shall request applicants and users to confirm and accept the contents of privacy policy in advance.

1. Engagement policy.
2. The purpose of using personal information.
3. Proper acquirement of personal information.
4. Providing personal information to the third parties.
5. Acquisition and Provision of Personally-Related Information.
6. Safety management measurement.
7. The procedure to claim for disclosure.
8. Regarding the change of privacy policy.
9. Regarding Inquiry.

Article 3 (Conclusion of Contract)

1. A service applicant implements procedure which is defined by Our Company to use our products and services, and Our Company accepts the application and concludes contract (Hereinafter "Agreement") between Our Company and applicant for providing Our Company’s products and services.
2. Regarding the preceding paragraph, Our Company accepts application via internet in principle. In case of application via internet, applicant sends usage information and Our Company receives the email. At the moment Our Company receives the application, the application has been concluded.
3. Regarding Our Company’s acceptance to application referred to in the preceding paragraph, in case of via internet, agreement between Our Company and customer has been concluded at the moment when Our Company replies to the application from service applicant. However, Our Company shall not accept providing product and service if Our Company considers the contract with applicants and users is or may be violated and other issues will affect our service provided. Also, if the payment method is postpaid at a convenience store, etc., Our Company may not approve the use of the payment at a convenience store, etc., depending on whether there is an unreturned or unpaid contract.
4. Our Company may not be able to accept the application depending on the availability of telecommunication devices, etc. as of the scheduled rental start date.
5. Our Company shall designate telecommunication device’s line number, model and unit amount as well as decide them just before providing the rental service. There may be cases where the local line at the user’s destination is not available, or multiple telecommunication devices may be lent to the user.
6. Our Company shall ask for deposit or credit line in some cases such as contract contents (unit amount, rental period and so on). Deposit will be set off against the service fee and settled after the telecommunication devices are returned. In case applicant or user use wire transfer rental fee to Our Company’s bank account or Our Company return deposit to applicant’s or user’s bank account, transfer fee will be burden on applicant or user.
7. In case the contract term is longer than 1 month, applicant may be required to settle the account every 30 days.
*It depends on the contract.

Article 4 (Agreement Cancellation)

1. Applicant or user may cancel this agreement and shall not pay the cancellation fee for the contract as set forth in the next paragraph by notifying Our Company by the time Our Company ships the rental items to the location designated by the applicant, provided that the notice arrives before the shipping procedure.
2. Applicant has responsibility to pay cancellation fee of ¥2,100 (non-taxed) per telecommunication device if applicant does not notify cancellation in the parties mentioned in preceding paragraph.
3. If the applicant or user cannot pick up the telecommunication device for some reason after it has been shipped and the device is returned, or if the applicant or user forgets to pick up the device after choosing to pick it up at the airport, etc., or if the item cannot be received due to circumstances on the part of the applicant or user (including, but not limited to, negligence on the part of the applicant or user), it will be treated as a cancellation as in Paragraph 2, and the applicant shall pay the same amount of cancellation fee as in Paragraph 2.
4. Regardless of the method of receipt, if the use is cancelled after receipt, the applicant shall pay the service fee set forth in Article 9. There will be no refund of the service fee even if the device is returned earlier than the rental end date specified in Article 6.
5. Our company shall cancel the agreement without advanced notice if applicant or user has the following concerns. In that case, there will be no refund of the service fee.
1) Falsehood at the time of application stipulated in Article 3 is proven.
2) Applicant’s financial status has been remarkably worsen or the reason which financial status has been clear will be worsen.
3) Critical breach of this terms and conditions is determined.
4) Applies to Article 19.
5) Our Company determines that the issue is applied to Article 20 and communication will be critically burden.
6) Other issues which Our Company determines.

Article 5 (User Obligation)

1. User shall comply with the followings:
(1) Telecommunication devices, etc., shall be only used in the country or region of destination declared at the time of application.
(2) Global Cellular, the Voice Mail or SMS, or E-mail functions shall not be used by rental mobile phone from Our Company.
(3) Global Cellular, any automatic calls and collect calls shall not be accepted.
(4) Global Cellular, Global Data, rental telephone line (SIM card) with other telecommunication devices shall not be used.
(5) Global Data, rental telephone line (SIM card) shall not be used to make voice calls.
2. Telecommunications by the rental devices shall be suspended if there is a breach of the matters by user set forth in the preceding paragraph. In addition, even if the telecommunications are suspended due to a breach of the matters set forth in the preceding paragraph, the applicant shall pay to Our Company the service fee for all the days of the original application rental period and an additional charge as set forth in next paragraph, and the applicant and user shall accept this regulation in advance.
3. The following additional charges shall be charged to applicant if there is a breach of the matters by user set forth in Paragraph 1.
(1) If any calls are made by Global Cellular from a country or region that is outside of the country the applicant has applied for a usage plan at the time of application, or if such phone line (SIM card) is used to make a call by any other different telecommunication device, etc., settlement of the phone charge shall not be calculated based on the call time counter, but rather Our Company shall force applicant to pay as an additional charge with ¥360 per minute as one (1) minute unit surcharge for each separate call based on the phone call statement issued by the mobile phone company, and the applicant and user shall accept this regulation in advance.
(2) Regarding Global Cellular, if the Voice Mail, SMS, or E-mail functions are used, or if such phone line (SIM card) is used for data telecommunications by any other telecommunication device, etc., the actual cost shall be converted to yen applied the exchange rate at the end of such month, and the amount that was calculated by multiplying this by 1.5 coefficient shall be paid to Our Company as an additional charge, and the applicant and user shall accept this regulation in advance.
(3) Regarding Global Data, if any calls are made in Japan or from a country or region that is outside of the country the applicant has applied for a usage plan at the time of application, the applicant shall pay to Our Company as an additional charge with　¥ 2 as telecommunications charge for each 1KB (kilobyte), and the applicant and user shall accept this regulation in advance.
(4) Regarding Global Data, if a phone line (SIM card) is used by any other telecommunication device, etc., Our Company shall force applicant to pay as an additional charge with ¥ 360 per minute as one (1) minute unit surcharge for each separate call based on the phone call statement issued by the mobile phone company, and the applicant and user shall accept this regulation in advance.
4. The additional charge set forth in the preceding paragraph shall be immediately charged to the applicant by our company when the telecommunications statement has been issued by the telecommunications company contracted by Our Company. Billing for additional charges is done after the telecommunications statement is issued, and it may be delayed about 30-60 days from the initial billing.

Article 6 (Rental Period)

1. The period of service under this Agreement (hereinafter "Rental Period") is a period set forth on a one-day basis that includes both the start date of the rental service period and the end date of the rental service period. For Global Data, Global Cellular and POCKETALK, the rental service start date is the date the applicant or user declares as the receipt date of the telecommunication devices, and the rental service end date is the date when the applicant or user declares the return date of the telecommunication devices to Our Company at the time of application of our service.
2. If the item is returned after the declared return date, the actual devices returned date will be considered the rental service end date.

Article 7 (Delivery of the Telecommunication Devices)

1. Applicant or user can receive the telecommunication devices from Our Company by any of the following methods:
(1) Receiving devices by home delivery service at the location specified on the rental service start date.
(2) Direct pick-up at the airport delivery counter specified by Our Company.
2. Our Company shall not take any liability whatsoever for any damages incurred by applicant or user as a result of any delay of delivering telecommunication devices due to any natural disaster, war, riot, civil strife, the enactment of a revision or abolishment of laws and regulations, an order disposition due to public power, strike or other labor dispute, or accident to transport companies (including an accident of the international home delivery service provider that Our Company had arranged), any act of infringement by a third party, or any other force majeure.
3. There will be a charge of \550 per device (Tax included) as a delivery processing fee (shipping fee), except with Global Cellular.

Article 8 (Return of Telecommunication Devices)

1. Applicant or user shall be responsible for returning the telecommunication devices to Our Company by any following methods:
(1) "Home Delivery Service" means return by home delivery service, etc., addressed to Our Company and devices must be shipped on the rental service end date by same day shipping. (address : Tokyo Tatemono Higashi Shibuya Building 11F, 1-26-20 Higashi, Shibuya-ku, Tokyo 150-0011;
(2) "Airport Counter" means returning devices directly at the airport counter specified by Our Company on the rental service end date.
2. Applicant and user shall take a responsibility for delivery fee for the return by the method in Paragraph 1, Item (1). If returning by delivery by C.O.D., applicant shall take responsibility to pay \1,100 (Tax included) as a C.O.D. shipment fee.
3. Our company will charge the applicant an additional service fee together with the charges stipulated in Article 9
(1) in the event the telecommunication device is shipped on or after the next day of the rental end date if applicant or user select the method in Paragraph 1 Item (1).
(2) in the event the telecommunication device is not returned to the airport counter designated by Our Company on the service end date if the applicant or user select the method in Paragraph 1 Item (2).
4. If the telecommunications device is not returned to Our Company within ten (10) days from the rental service end date, or if the telecommunications devices are returned after ten (10) days, Our Company shall claim the applicant and user the reimbursement price set forth in Article 15 as well as the additional service fee set forth in Article 9 and the applicant or user shall accept this regulation in advance.

Article 9 (Fee for Service etc.)

1. Fee for service of telecommunication devices provided by Global Cellular and Global Data shall be the price which is stated on Our Company's homepage and in the product brochure.
2. The rental period that is from the rental service start date to the rental service end date set forth in Article 6 shall be a period subject to payment regardless of whether the user uses our service or not.
3. In case applying any special package pricing or campaign pricing, it may be different from the pricing which is stated on Our Company's homepage.
4. The extension of rental period is accepted upon request by the applicant or user even in the middle of using the service. Shortening of rental period is accepted only if notification is received by the rental start date of the rental period as specified in Article 6. Refunds cannot be made if the rental period is shortened on and after the following day of the rental start date.
5. Fee for service will be subject to change without prior notice.

Article 10 (Telecommunications Statement)

1. For our telecommunication service, telecommunication statement shall not be issued, and the applicant and user shall accept this regulation in advance. However, in the following cases, a telecommunications statement shall be issued:
(1) Regarding Global Cellular, if telecommunication occurred inside Japan and in any other country at the time that the applicant applied service, a telecommunications statement shall be issued, and an additional charge shall be charged as set forth in Article 5, Paragraph 3. In addition, when telecommunications devices are lost or damaged, the usage charge shall be calculated in accordance with the telecommunications statement.

Article 11 (Fee Charged and Payment)

1. Payment method shall be one of the following.
1) Online credit card settlement
Once a service application is completed, Our Company right away settles account with charges stipulated in Article 9 through payment service provider. In case of additional fee stipulated in Article 5 and Article 8, reimbursement fee which are stipulated in Article 15, Our Company shall settle such additional charges after the rental service end date. Applicant and user acknowledge the term in advance. The amount billed will be finalized after the devices are returned. A receipt may be issued afterwards the devices are returned.
2) Amazon Pay　* Except for JAPAN WiFi
Once service application is completed, we shall make a billing based on Article 9 on your credit card registered to your Amazon account. Regarding additional charge stipulated in Article 5 and Article 8, reimbursement fees stipulated in Article 15, these will be calculated and generated once rental period is over. Applicant and user shall acknowledge and agree with above terms and apply to the service. The amount billed will be finalized after the devices are returned. A receipt may be issued afterwards the devices are returned.
When rental period is over, Our Company shall calculate service fee set in Article 9 with additional charge stipulated in Article 5 and Article 8, insurance fee, delivery processing fee and reimbursement fee stipulated in Article 15 and charge total amount of fees to applicant or user.
4) Payment at convenience store etc. * Advance application for Imoto no WiFi only
We shall bill applicant after calculating charges set in Article 9, additional charge stipulated in Article 5 and Article 8, insurance fee, delivery processing fee, and reimbursement fee stipulated in Article 15 and charge total amount of fees to applicant once rental period is over. Payment at convenience store etc. shall be applied to "NP atobarai" by Net Protections, Inc, and we shall provide personal information within the range of this service and transfer account receivable. To use this, there is a credit administration, and it may not be possible to use this payment method. Additionally, no change in billing information can be made after applied. Applicant and user shall acknowledge and agree with above terms and apply to the service. Commission for issuing invoice shall be \330 / order (Tax included). If the payment is not confirmed by the due date, a late fee may be added. Other terms and conditions not mentioned in this clause shall apply to those of Net Protections, Inc,.
2. In case of using Global Cellular service, Our Company shall calculate service fee by call timer which display on devices. Each call must be accumulated per second, and call service per minutes will be rounded up to minutes unit at the time when Our Company calculates total call time and claim total amount of service fees. Regarding communication time, Our Company shall not accept any formal objections from applicant and user.
3. Regarding Global Cellular, in case telecommunication devices are broken or lost, Our Company will issue call details and calculate total amount of service fee. However, due to the phone company's reasons, it may take a few months to confirm service fee information and issue an invoice. Even if an invoice which is issued from phone companies or Our Company has a doubt, Our Company shall not accept any formal objections from applicant and user.
4. In case applicant shall not pay service fee by the due date which is written on an invoice, we claim a late fee with 14.6 % of annual interest rate from the day after the due date to the day of full payment to applicant.

Article 12 (Consumption Tax)

1. When Global Cellular and Global Data are used overseas, telecommunications service fee is not applied to consumption tax, but service fees, compensation fees, shipping fees, and other fees are applied to consumption tax.
2. When Global Cellular and Global Data are used in Japan, the rental fees, telecommunication charges, compensation fees, shipping fees, and all other fees are applied to consumption tax.
3. In case telecommunication devices are lost, destroyed, or stolen, reimbursement fee shall not apply to consumption tax.
4. At the time of payment settlement, the usage amount with tax has a fraction of 1 yen; it shall be rounded down to the nearest yen.

Article13 (Compensation System)

1. The compensation program is a system with voluntary membership that compensates for damage to the telecommunication devices. In case of loss, destruction, and theft of the telecommunication devices during the rental period, there are two program types: "Anshin Hosho (Compensation)", and "Anshin Hosho + Hoken (Compensation + Insurance)". This applies to the applicant or user who apply only at the time of order.
2.2. The fees and coverage of the "Anshin Hosho" will be presented and explained to the applicant at the time of application on our website and in product brochures.
3. The fees and coverage of the "Anshin Hosho + Hoken " will be presented and explained to the applicant at the time of application on our website and in product brochures. Overseas travel insurance (special clause for payment of injury and disability insurance, special clause for damage to personal effects, special clause for compensation for expenses such as delayed checked baggage, and special clause for compensation for expenses such as delayed aircraft) is included. The overseas travel insurance included is based on the general insurance policy and special clauses of the underwriting insurance company, Mitsui Sumitomo Insurance Co., Ltd.
4. It may be covered by overseas travel insurance or other insurance the subscriber may have purchased separately. Our Company cannot answer questions regarding the scope of coverage or insurance claims in the event of loss, damage, or theft of our communication devices. Please check with your insurance company.

Article 14 (Inspection of Telecommunication Devices)

If Our Company deems it necessary, Our Company or a party designated by Our Company may inspect the current state of the telecommunications devices, etc. in the presence of the applicant or user.

Article 15 (Management and Loss or Damage of telecommunication devices)

1. Applicant and user shall use and manage telecommunication devices with good manner directed by Our Company.
2. If the telecommunication devices are lost, damaged, or stolen, applicant and user shall immediately notify Our Company accident condition. In addition, for any reason whatsoever, if the telecommunication devices are lost or stolen, the applicant shall pay the charges that were fraudulently used up until the time of contacting Our Company and suspending the line.
3. 3. In case of the previous paragraph, applicant or user shall, unless reason is attributable to the responsibility of Our Company, applicant shall pay the following amount of fee as a repair charge or re-procurement charge of the telecommunication devices to Our Company.

Article 16 (Prohibited Matters)

1. Applicant and user shall not attach any other devices or accessories to the telecommunication devices and shall not alter, analyze, dismantle.
2. Applicant and user shall not violate actions such as sublease, transfer Our Company’s belongings to the third part or mortgage them.

Article 17 (Disclaimer)

1. When using Global Data to transmit data with a communication device such as a smart phone, including any e-book devices, whenever overseas, applicant and user shall make sure to turn off (stop) the mobile data function of the device and to transmit data by using the Wi-Fi function. If mobile data function is not turned off, the device in connection status to the network, an overseas data roaming fee will be charged by the telecommunications company. In case of the above, please note again that Our Company cannot take any responsibility.
2. If any troubles related to the use of the telecommunication devices occur, the subscriber shall immediately get in touch with Our Company from the spot used, and if the subscriber fails to get in touch with Our Company from the spot used, Our Company shall not be responsible for such troubles in any manner whatsoever, and the applicant and user shall pay the service fees to Our Company.
Regarding the telecommunication expenses incurred by the applicant or user calling from the spot used abroad, Our Company will only deduct such expenses from the billing amount when the applicant or user declares the cost, and also when Our Company judges it to be appropriate.
3. If there is a mistake when making the declaration of the country of destination, and there is a problem of using the telecommunication devices, Our Company shall not take any responsibilities whatsoever, and the applicant and user shall accept this in advance.
4. As a result using the telecommunication devices, applicant or user incurs any accidents or damages, regardless of whatever the cause, Our Company shall not take any responsibilities whatsoever to the applicant and user, except intentional and critical delinquency.
5.Even if the telecommunication devices provided by Our Company is used and it causes problems such as interoperability issues with the software or hardware of the personal computer owned by the contracting party, Our Company shall not take any responsibilities whatsoever.
6. Our Company shall not take any responsibilities for the items below
(1) Any problem caused by the applicant or user’s handling or usage of the devices.
(2) Any problem caused by the applicant or user’s spec, settings, and compatibility, etc. on their own devices.
(3) Any problem caused by the telecommunications company connection providers, application providers, etc.
(4) Any problem caused by geographic location within a country, building, or structure, as well as a variety of other related causes which may also affect the equipment performance.
(5) Any problem caused by force majeure such as an extraordinary natural phenomenon.
(6) Any other connection failure not caused by reasons attributable to Our company (intentional or gross negligence).

Article 18 (Limited Liability)

1. If applicant or user make damages on the reason why Our Company is responsible for, in lieu of paying compensatory damages to the contracting party except our intentional and critical delinquency, and exempt applicant or user from paying the usage charge, but we shall not whatsoever secure an alternate method of communication, pay for such alternate method of communication, or compensate for any damages.
2. The area of responsibility for any customer support shall be the issues only caused by the malfunction of the telecommunication devices. A malfunction will only be determined if Our Company determines that the product is malfunctioning after verifying the device.

Article 19 (Elimination of Anti-Social Forces)

1. Our Company refuses to have any relationships with a crime organization, members of a crime organization, quasi members of a crime organization, companies associated with any crime organization, racketeers, etc., socially-branded racketeering organizations, specially-skilled crime organizations, or any other similar anti-social forces (hereinafter "Anti-Social Forces"), and we deny the use and application for the services. For this reason, the applicant and user must represent and warrant that they are not Anti-Social Forces before they can use the service.
2. If Our Company determines that the applicant or user are Anti-Social Forces, Our Company shall be entitled to terminate in whole or in part of the use and application for the services. Our Company immediately terminates the agreement without any advanced notice or warning to the applicant and user.
3. If the applicant or user is found to be "Anti-Social Forces", Our Company and business partners, etc. that has a relationship with Our Company shall be entitled to demand compensation for damages arising from termination in whole or in part of the use and application for the services.

Article 20 (Fair Usage Policy)

1. Global Data utilizes the communication lines of local carriers, and provides a sufficient capacity when using in an ordinary manner for transmission and reception of electronic mail, internet search, map browsing and communication applications, etc. From the viewpoint of maintaining network quality and fair usage of radio waves; however, some local carriers may limit the communication speeds for any users who engage in great quantities of data communications within a short period of time. In addition, depending on some local carriers, they may limit the communication speeds for specific uses at their own option. Please refrain from viewing videos, engaging in video calls, downloading and uploading bulk files (transmission and reception), or playing online games as much as possible. Furthermore, if the user infringes on any such communication speed limits, it may be impossible to connect to the internet or the communication speeds may become extremely slow or communications may not be restored during the rental period. When the user infringes on such communication speed limits, Our Company shall not be responsible for any manners whatsoever, and the applicant shall pay the service fees to Our Company. Communication speeds are different depending on the countries or circumstances, and Our Company is not in a position to guarantee any such communication speeds.
In the case of some countries or plans (e.g. round tour plans), if any users engage in exorbitant and excessive quantities of communications, some local carriers may limit communication speeds. If the user infringes on such communication speed limits, it may become impossible to connect to the Internet or the communication speeds may become extremely slow and the communication may not be restored during the rental period. Even in this case, Our Company shall not be responsible for such incident in any manners whatsoever, and the applicant shall pay the service fee to the company.

Article 21 (Changes in the Terms of Use)

The Terms and Conditions of Use and the fees for service are subject to change without advanced notice. In this case, Our Company will notify the applicant or user by posting the changes on our website, and the revised terms and conditions and the service fees will become the contents of this Agreement.

Article 22 (Agreed Court of Jurisdiction)

If disputes regarding this agreement arises, the applicant agrees that the Tokyo District Court or the Tokyo Summary Court shall be the court with exclusive jurisdiction for the first instance.

Article 23

Our Company shall set forth separately any matters not set forth in the Terms with respect to countries and regions where it is possible to use the rental telecommunication devices from Our Company, and with respect to any other use of telecommunication devices.

Revision History

Revised December 1, 2004, Revised September 1, 2005, Revised June 1, 2006, Revised January 1, 2007, Revised April 1, 2008, Revised October 17, 2008, Revised February 9, 2009, Revised May 19, 2009, Revised May 25, 2009, Revised October 22, 2009, Revised April 5, 2010, Revised August 3, 2010, Revised October 29, 2010, Revised December 1, 2010, Revised December 27, 2010, Revised July 19, 2011, Revised November 17, 2011, Revised June 5, 2012, Revised September 21, 2012, Revised November 1, 2012, Revised March 5, 2013, Revised August 21, 2013, Revised December 3, 2013, Revised February 14, 2014, Revised July 11, 2014, Revised December 17, 2015, Revised April 9, 2015, Revised December 10, 2015, Revised April 14, 2017, Revised June 5, 2017, Revised March 30, 2018, Revised June 18, 2018, Revised August 10, 2018, Revised October 22, 2018, Revised December 3, 2018, Revised June 13, 2019 , Revised October 15, 2019, Revised April 1, 2021, Revised April 1, 2022, Revised September 1, 2022, Revised December 5, 2022, Revised February 2, 2023, Revised March 9, 2023, Revised April 7, 2023, Revised September 1, 2023, Revised November 8, 2023, Revised January 10, 2024, Revised February 5, 2024. Revised December 2, 2024.