{"service":{"name":"PayPay","url":"https://about.paypay.ne.jp/terms/consumer/rule/guideline/general-rules/","lang":"ENG","sector":"Finance","hq":"Japan","hq_category":"Other","is_public":"Private","is_paid":"Optionally paid","date":"10.11.2021"},"document":{"title":"","text":"PayPay Terms of Use of Service\nPart 1 General Guidelines\nThe general guidelines apply to all persons who utilise the services of PayPay Corporation\n(hereinafter referred to as “Our Company”).\nChapter 1 General Provisions\n1. Utilisation of Our Company’s Services\nA person may use Our Company’s services by giving its consent to these Terms of Use.\n2. Warranties, Changes and Subcontracting\nRelating to Services\nOur Company disclaims any warranty that the contents of services provided by Our Company is free\nof any defects and bugs.\nFurther, Our Company may, without giving any prior notice to the users, change contents or\nspecifications of services, or suspend or discontinue the provision thereof.\nOur Company may subcontract all or part of the services provided by Our Company to any third\nparty (including those located in foreign countries); provided, however, that it will be subject to the\nconditions that such third party is bound by the same confidential obligations which Our Company\nhas hereunder and implements appropriate measures to protect the Personal Information.\n3. Restriction of Utilisation of Services\nOur Company may make a condition on utilisation of services, such as limiting the range of persons\nwho may utilise the services: to the persons who have registered the PayPay account (meaning an\naccount for the services which Our Company provides; hereinafter referred to as the “Account”), to\nthe persons certain years of age and older, or to the users who meet a certain requirement by\npassing the procedure prescribed by Our Company such as an identity verification.\nFurther, Our Company prohibits members of anti-social force (including any person who was such\nmember at any point in its past) and their affiliates, persons who are likely to launder money or\notherwise abuse services, or users who bring troubles on third parties from utilising services.\n4. Registered Information of the Account\nIt is the user’s obligation in the case of registering or changing the Account that (1) registering true\nand accurate information, and (2) correcting the registered items by the user itself as necessary so\nas to be updated. If the registered items do not reflect the latest information, Our Company’s\n\nservices may not be available to use.\nOur Company may carry out customer’s identity verification and authentication by using an\nelectronic signature certificate stored in My Number card. In such a case, Our Company uses\ncertification business information (meaning the certification business information stipulated in\nArticle 44 of the Act on the Authentication Services of the Japan Agency for Local Authority\nInformation Systems in Connection with Electronic Signatures and Electronic User Certificates (Act\nNo. 153 of 2002)) provided by the Japan Agency for Local Authority Information Systems\n(hereinafter referred to as “J-LIS” in order to check validity of an electronic signature certificate.\nFurther, in the case of identity verification and authentication using an electronic signature\ncertificate stored in My Number card, Our Company may check whether the registered items are the\nlatest by using an electronic signature certificate stored in My Number card and issue number of\nthe correspondent certificate (i.e. serial number of an electronic certificate for user identification)\nobtained from J-LIS.\n5. Users’ Responsibility Relating to the Account,\nPassword, etc.\nWith respect to any login via any authentication method for specifying the users which are\npublicised on Our Company’s website or application (including, but not limited to, any authentication\nby confirmation of its correspondence between the registered information and, the combination of\nthe Account and password or the code uniquely given to each mobile phone number sent by a\nmobile phone carrier), Our Company deems it the utilisation by such user itself. If any fee or charge\n(regardless of its name such as charge, fee, expenses or others with respect to the utilisation of Our\nCompany’s services, and including user’s debt which any third party has outsourced its collection to\nOur Company; hereinafter referred to as the “Charge”) arises from utilisation of services, purchase\nof products, etc., Our Company will claim it to such user.\n6. Compliance Rules on Utilising Services\nUsers are prohibited from doing any of the following acts (including any act provoking it or\npreparing for it) with respect to utilisation of Our Company’s services.\nAny act which violates the laws and regulations of Japan or any country or region where the\nuser is located at the time of utilisation.\nAny act of posting, publishing, disclosing, providing or transmitting (hereinafter collectively\nreferred to as “posting etc.”) of something which: violates the laws and regulations, societal\nnorms or public policy; infringes any rights of Our Company or a third party; brings any trouble\non a third party; or is otherwise inappropriate, such as the following acts etc.\nAct of posting etc. of false information intentionally.\nAct of posting etc. of same comments intentionally at many times.\nAct of posting etc. of enquiries or complaints relating to Our Company’s services, function of\nsuch services, and accuracy of information provided by such services.\n\nAct of posting etc. of something containing any information by which an individual can be\nidentified such as a photo of principal, name of a third party, email address, address, phone\nnumber or person under recognisable condition, etc. (including, but not limited to, the cases\nthat it is used in a name of the poster or contents of the post).\nAct of posting etc. of something containing any advertisement, commercial message or\nmarketing, public offices election campaign, proselytising of certain thought or religion, or\nsimilar contents.\nAct of posting etc. of something containing contents that grossly provokes or foments\nunruliness, brutality or crime on children or youths, and interferes with their healthy\ndevelopment.\nPosting, etc. any indecent information, information harmful for youths, or information relating\nto arranging sexual association with others;\nAct of posting etc. of something in which any oppressiveness or threat against any third\nparty is found.\nAct of posting etc. of something containing any discriminatory expression.\nAct of posting etc. of something containing any contents which is or may be against a\nsubject or purpose of Our Company’s services.\nAct of posting etc. of something containing any garbled or grotesque contents.\nAct of posting etc. of something containing any contents which intentionally leads someone\nto misunderstand that products or services are superior such as an act of ‘decoy’ etc. \nAct of posting etc. of something containing any contents which defames competing products\nor services for the purpose of destruction of its confidence.\nAct of posting etc. of program etc. which destroys or obstructs functions of software,\nhardware, etc. under other user’s use.\nOtherwise, act of posting etc. of something which Our Company determines that is\ninappropriate contents or expression for Our Company’s services.\nAny act which destroys or obstructs functions of Our Company’s server or network.\nAny act of unduly accessing to Our Company’s computer such as a server etc., or sending a\nspam email, chain letter, junk email, etc.\nAny act of collecting or storing other user’s Personal Information, Personal Data (as defined in\nthe Privacy Policy prescribed by Our Company), etc. without such user’s permission.\nAny act of utilising services for any purpose other than the intrinsic purpose of provision of\nservices in the light of intention of provision such as money laundering, cashing purpose, etc.\nAny act of utilising services using other user’s Account.\nAny act of, regardless of its means, acquiring password from any third party, or disclosing or\nproviding password to any third party.\n\n7. Prohibition of Reuse of Our Company’s Services\nEtc.\nIn the event that a user utilises Our Company’s services or any data which consists them beyond\npurpose of provision of services, Our Company shall have a right to preclude such acts and demand\nthe amount equivalent to the benefit which such user has acquired.\n8. Compensation to Our Company\nIn the event that Our Company has borne any cost or paid any compensation in connection with the\ncomplaint caused by a user’s act, such user shall bear the cost, compensation, etc. which Our\nCompany has paid (including attorney fees which Our Company has paid).\n9. Handling of User’s Data and Contents\nOur Company shall not have the obligation to make backups of the data which users have saved to\nservers managed by Our Company, and each user must make backups by itself.\nAny act of, relating to Our Company’s services, directly or indirectly providing benefit to anti-\nsocial force. \nAny act of which purpose is fraud. \nAny act of utilising Our Company’s services by any process other than the process which Our\nCompany has approved. \nAny act of modifying Our Company’s services without permission.\nAny act of: discriminating or defaming Our Company or any third party; impairing honour,\nprivacy, etc.; or having a risk thereof.\nAny act which obstructs Our Company’s services or advertisement distributed by Our Company,\nor any services or advertisement provided on Our Company’s website and Our Company’s\napplication.\nAny act which infringes or may infringe portrait right, copyright, trademark right or other\nintellectual property right of Our Company or any third party, or any act of impersonating Our\nCompany or any third party.\nAny act which relates to criminal act.\nAny act which is likely to impair reputation of Our Company, Our Company’s affiliated company\nor Our Company’s alliance partner.\nAny other act which violates or may violate the laws and regulations, public policy or these\nTerms of Use.\n\nOur Company shall not have the obligation to make backups of the data which users have saved to\nservers managed by Our Company, and each user must make backups by itself. In the case it is\nnecessary for maintenance, improvement, etc. of Our Company’s services, Our Company may\nduplicate the data which users have saved in the servers managed by Our Company to the extent\nnecessary for maintenance, improvement, etc. services.\nWith respect to any contents which a user has made posting etc. on any service to which\nunspecified or large number of users can access such as electric bulletin board systems, copyright\nthereof will belong to such user or copyright holders of such contents.\nWith respect to any contents which a user has made posting etc. on Our Company’s services,\ncopyright thereof will belong to such user, and such user must warrant that such contents are such\nuser’s own creation and they are not involved with any third party’s copyright or other rights;\nprovided, that in the cases that it is exceptionally necessary so such contents contain a third party’s\ncopyrighted material etc., it must be assumed and warranted that such user processes necessary\nrights-handling with its own responsibility and at its own expense.\nA user is deemed to grant Our Company a non-compensatory and non-exclusive right of utilisation\n(including duplicating, screening, publicly transmitting, exhibiting, distributing, transferring, lending,\ntranslating, adapting and publishing) of the contents which such user has made posting etc., inside\nor outside of Japan with no time limit (including right to sublicense).\nFurther, such users shall not exercise a moral right of author.\n10. Posting of Advertisement\nOur Company may post advertisements of Our Company or any third party who has requested Our\nCompany to post it, on the services or software which Our Company provides.\n11. Deletion of Posting Etc., Cease of Utilisation of\nServices, Deletion of the Account\nOur Company may, in order to properly operate the services which it provides, in the event that it\nfalls into any of the following items, implement measures such as deleting any data or contents,\ndenying utilisation of all or part of Our Company’s services, deleting any user’s Account, or any\nother measures which Our Company reasonably determines it is necessary and appropriate, without\nany prior notice. \nOur Company may perform identity verification which Our Company determines it is necessary to\nconfirm that a user does not fall into any of the following items, and implement measures such as\ndenial of access to all or part of services, cease of utilisation, etc. until completion of such identity\nverification. \nFurther, if any user’s Account is deleted, PayPay Balance, usage history and any and all other rights\nand information of such user recorded in such Account will be erased.\nIn the event that such user violates these Terms of Use or any other matters stipulated in any\nterms applied to such user, or Our Company determines that there is a suspicion thereof.\nIn the event that delay payment has occurred with respect to any Charge which should be paid\nto Our Company.\n\n12. Disclaimers\n(A) Usefulness, adequateness, completeness, accuracy, safety, lawfulness, newness, etc. of all\ninformation provided via Our Company’s services (including any and all information etc.\nexisting in a linked website managed and operated by any third party which is displayed on\nOur Company’s services as Our Company’s services, the same applies hereinafter). \n(B) Any and all matters relating to negotiation or reservation, or offer or execution of contracts\nby users with any third parties, etc. using information provided via Our Company’s services.\n(C) Our Company’s services, and products, services, information, etc. which can be acquired via\nOur Company’s services are suitable for a user’s request or expectations.\n(D) Any failure, error or interference will not occur on provision of Our Company’s services.\nIn the event that utilisation of credit cards or bank accounts designated as settlement method\nfor the Charge in PayPay Wallet (meaning the service which Our Company provides and by\nwhich users can register and manage their payment method, the same applies hereinafter) is\nsuspended.\nIn the event that Our Company determines that the creditworthiness of such user has\nworsened, such as the cases that petition to bankruptcy or civil rehabilitation is made against\nsuch user, such user made any of them by itself, etc.\nIn the event that the Account has been registered or used by any anti-social force, its members\nor affiliates, or in the event that Our Company determines that there is a suspicion thereof.\nIn the case of the passage of ten (10) years commencing on the date on which the latest\nchange has occurred on a user’s PayPay Balance (meaning what stipulated in these Terms of\nUse, Part 2, Chapter 1, Article 1, item 13); provided, however, that if such user’s Account will be\ndeleted for this cause, Our Company will give a notice to such user in advance.\nIn the event that such user passed away.\nIn the event that such user utilises more than two Accounts in order to unduly acquire the\nbenefit given by a campaign etc.\nIn the event that Our Company’s service is utilised for any wrongdoing such as money\nlaundering etc., or in the event that Our Company determines that there is a suspicion thereof.\nWhen true and accurate information is not registered, such as when the account registration\ninformation is not the latest information\nIn the event that Our Company determines that it is difficult to sustain the contract between\nOur Company and such user, such as the case that a trust relationship between such user has\nlost, etc.\nOur Company disclaims any warranty on the following items. A user must, when it utilises Our\nCompany’s services, evaluate by itself a usefulness etc. of the information or services provided\nvia Our Company’s services, and utilise it on its own responsibility.\n\n(E) Any of email, web contents, etc. which is sent relating to Our Company’s services does not\ncontain any harmful materials such as computer virus, etc.\n(A) Any damage which a user suffered due to any act conducted via Our Company’s services\nsuch as downloading of contents provided by any third party, and accessing to linked\nwebsite which any third party manages and operates, etc.\n(B) Any damage which a user suffered due to any wrongdoings such as an unauthorised\nmodification to Our Company’s services, unauthorised access to any data relating to Our\nCompany’s services, mixture of computer virus, etc. although Our Company has\nimplemented adequate security measures\n(C) Any damage caused by suspension, delay, discontinue, loss of data, etc. of Our Company’s\nserver or system or Our Company’s services due to: force majeure such as natural disaster,\nfire, power failure , etc.; system maintenance; or failure, etc. of communication line or\ncomputer\n(D) Any damage caused by a trouble arose between a user and a third party on utilising services.\n12A. Mini-Application Provided by Merchant\nStores\nUsers may additionally utilise the applications (hereinafter referred to as the “Mini-Application”)\ndeveloped by any third party developer (hereinafter referred to as the “Mini-Application Merchant\nStore”) on PayPay application. The Mini-Application will be directly provided to users by the Mini-\nApplication Merchant Store with its name and on its own responsibility, and users will utilise it under\nthe contract directly executed with such Mini-Application Merchant Store. Our Company never\nmakes any warranty and assumes any responsibility on quality, trustworthiness, adequateness, etc.\nof the Mini-Application. Users must check terms of use of the Mini-Application prescribed by the\nOur Company shall never assumes any and all liability for any and all damage caused from a\nuser’s utilisation of Our Company’s services (including, but not limited to, provision of\ninformation by Our Company or any third party, etc. relating to these) or unavailability of\nutilisation (including, but not limited to, any damage stipulated in each item of this paragraph\nand any and all disadvantage including any damage, emotional distress or other monetary loss\nwhich users or third parties suffered in accordance with preceding paragraph), except for Our\nCompany’s willful misconduct or gross negligence.\nIn the event that the contracts for utilisation of Our Company’s services subject to these Terms\nof Use with users fall into the consumer contract stipulated in the Consumer Contract Act, the\ndisclaimer in above (2) does not apply; in such a case, Our Company assumes liability to\ncompensate damage within the damages ordinarily incurred from it and up to the amount of\nthe Charge in the case of paid services (or, in the case of continuing services, equivalent to the\namount for one (1) month), except for the cases that it is caused by Our Company’s willful\nmisconduct or gross negligence.\nWith respect to any contents which a user has made posting etc., Our Company does not have\nany responsibility to always monitor such contents or delete certain posted contents.\n\nMini-Application Merchant Store, and utilise it on users’ own responsibility. In the event that any\nproblem relating to user’s utilisation of the Mini-Application occurs, such user must resolve it\nbetween such user and the Mini-Application Merchant Store based on the terms of use of the Mini-\nApplication prescribed by the Mini-Application Merchant Store.\nFurther, Our Company may review contents of the Mini-Application provided by the Mini-Application\nMerchant Store in order to check whether it complies with the policies prescribed by Our Company\nor applicable laws and regulations, as needed; provided, that Our Company does not have any\nobligation to do so.\nOur Company reserves a right to delete or discontinue the Mini-Application which is available on\nPayPay application pursuant to these Terms of Use at Our Company’s discretion without giving any\nnotice to users.\n13. Conditions of Use for Individual Services\nSome specific services of Our Company may have conditions of use specific to such service\ntogether with general guidelines.\nIn the event that general guidelines stipulated in these Terms of Use, Part 1 and the conditions of\nuse specific to each service including conditions of use for individual services stipulated in these\nTerms of Use, Part 2 differ, the conditions of use specific to such service will prevail over the general\nguidelines with respect to such services as long as it has no special provision.\n14. Revision on Terms of Use\nOur Company may, if it determines that it is necessary, revise these Terms of Use at any time\nwithout giving any prior notice to users; provided, that if it materially affects the active users, Our\nCompany will take a reasonable prior notice period in advance.\n15. Notice or Contact\nIf a user desires to contact Our Company, such user must contact via an enquiries page which Our\nCompany prepared, or by calling to the phone number or sending email to the email address which\nOur Company specifies.\n16. No Assignment of Rights and Obligations, Etc.\nA user shall not, with respect to all contracts based on these Terms of Use, assign its contractual\nposition and all or part of rights and obligations arose from these to any third party, without Our\nCompany’s prior written approval.\n17. Governing Law, Jurisdiction\nThese Terms of Use are governed by the laws of Japan with respect to its execution, validity and\nconstruction. \n\nThe Tokyo District Court has exclusive jurisdiction for the first-instance over any dispute that arises\nbetween Our Company and users caused by or in connection with Our Company’s services\n(including posted contents and advertisements) or software.\nLimitation of Application of Terms of Use\nIn the event that any provision in these Terms of Use goes against the related laws and regulations\nwhich apply to contracts with users based on these Terms of Use, such provision will not apply to\nsuch contract with users only to such extent; provided, in such a case, it will not affect the validity of\nother provisions in these Terms of Use.\nEstablished October 1, 2018\nRevised July 29, 2019\nRevised September 30, 2019\nRevised November 28, 2019\nRevised April 15, 2020\nRevised on July 15, 2020\nRevised on October 28, 2020\nRevised on February 15, 2021\nRevised March 31, 2021\nRevised on November 10, 2021 (released on October 27, 2021)\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}