Terms and Conditions of Use
- These are the terms and conditions of use (these "Terms and Conditions") for the service operated and provided by Pocket Change Inc ("Pocket Change", "we", "us", "our" or any other similar pronouns).
Terms and your agreement for the service
- Please read these Terms and Conditions carefully, because they contain important information about your use of and access to our products and services.
- We provide you with automatic kiosks/terminals ("Kiosks") at airports and in other various buildings in which you can deposit petty changes consisting of bills and coins in the Kiosks converting them into multiple other credits such as miles, certificate, e-wallet, loyalty points, prepaid card, donation which any of our contracted vendor offers after we deduct certain fee. If you choose donation, the currency that would be donated may not be the same with the currency you have deposited. There may be cases when you will be required to take additional procedures to complete the conversion.
- As between you and us, we own all rights in the "Pocket Change" brand. These Terms and Conditions, together with any other applicable terms referred to in these Terms and Conditions or any other terms and conditions agreed in writing (which includes electronically) between you and us (together, the "Terms") apply to your access to and use of the Website, Kiosks and our products or services (together, the "Services").
- We reserve the right to change or modify any of the Terms at any time and at our sole discretion. It is your responsibility to regularly review the Terms to ensure that you are up-to-date with the Terms that apply to the Services. If we make any changes to the Terms, we may make this clear posting on the Website or updating the "Date of Last Revision" date below. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the Terms that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services.
- You agree to comply at all times with any instructions for use of the Services which we make from time to time.
- All questions or comments about the Services or their contents should be directed to email@example.com.
We provide the system for you to utilize our Services which offers opportunities to make the Transactions between our contracted vendor and you. We carry out this Transaction via the Kiosks as an agent of the contracted vendor and thus therefore will not intervene nor be in any relation for the contents of the Transaction between our contracted vendor and you, provided however, that in case of Amazon Gift Card, we resell you the Amazon Gift Card that we have purchased from the contracted vendor.
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. For any user that is under the age of 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by the Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services; and (b) have full power and authority to agree to the Terms and that, in doing so, you will not breach any other agreement to which you are a party.
Third Party Content
- We may provide third party content on the Services and may provide links to web pages and content of third parties (collectively, the "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and make no representation or warranty of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness or how up-to-date it is. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about us or the Services ("Submissions"). Submissions, whether submitted through the Services or otherwise, are non-confidential and shall become our sole property. We shall own, and you hereby assign to us, all right, title and interest, including without limitation all intellectual property rights, in and to such Submissions and we shall be entitled to the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation we require (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, us of such Submissions.
In respect of each transaction conducted by you when using the Services, we may take a photograph and require you to supply photograph identification before continuing with the transaction above a certain threshold. This is in order to enable us to comply with legal and regulatory requirements.
- Once the transaction is completed with no error assumed at our end, we will basically not be responsible to refund the amount deposited.
- For coins, if in any case, the transaction is canceled during the process, the kiosk will refund you the amount deposited, however, for the paper bill, the system may not allow to refund the amount deposit. In this situation, or if there is any fault on our side, we will refund you the amount in cash by contacting our customer support.
- We reserve the right to refuse refund in case of below circumstances or in any case when we feel that our Service is used in a non-normal course of transaction or in a way not compliant to the law or applicable regulation.
- (1) When user is attempting to refund repetitively or is utilizing our refund system in a non-compliant way.
- (2) When user is breaching the Term of the Service
- (3) When there is suspicion that a third party is using your account without your consent
- You agree to fully and promptly defend, indemnify, keep indemnified and hold harmless us from and against any and all claims, damages, proceedings, costs, expenses, demands, liabilities, losses, charges and costs which we may suffer or incur arising out of or related to your breach of the Terms.
- Whilst we endeavor to make the Services available 24 hours a day, the Services are provided on an "as is" and "as available" basis and we will not be liable if for any reason the Services are unavailable at any time or for any period. We make no warranty that your access to the Services will be uninterrupted, current, timely or error-free. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- Access to the Services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Services for any reason. If we impose restrictions on you personally, you must not attempt to use the Services under any other name or user.
- We may change, modify, update, suspend or discontinue the Services or any features or functionality and anything described in it without notice, obligation or liability to you. Whilst we endeavor to ensure that information and materials on the Services are correct, no warranty, express or implied, is given that they are complete, accurate or up-to-date and we do not accept any liability for any errors or omissions.
Limitation of Liability
WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER SITE, OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER SITE, OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF POCKET CHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR SERVICES AND WILL BE LIMITED TO THE AMOUNT YOU HAVE DEPOSITED.
Unless otherwise stated by us, the copyright, database rights and any other rights in all information, data, text, designs, drawings, artwork, pictures, photographs, images, logos, graphics, software, sound files, videos, video files, other files, the selection and arrangement of any of them, and materials (together "Materials") on or through the Services and the design, layout, look and appearance of any of the Services is owned by us or licensed to us by our licensors. We give you a limited and revocable (at any time) right and license to use such Materials in your ordinary course of accessing the Services in the way we intend and not for any other purpose, subject to the following:
- a) Your use of the Services and any Materials on or through the Services is for your internal, personal, private, non-assignable, non-sub licensable use only.
- b) Except to the extent provided by law, you must not use, copy, reproduce, republish, resell, post, broadcast or transmit any part of the Services or such Materials or attempt to make any commercial use of the Services or such Materials for any other purpose without our express prior written consent.
- c) Our copyright notice or, where indicated, the notice of our licensors must appear in all electronic or hard copies of any such Materials or extracts from the Services.
- d) You must not modify any Materials on or through the Services or create any derivative works.
- e) Any rights not expressly granted in the Terms or otherwise by us in writing are reserved and are strictly prohibited.
- f) Any use of our trademark, service mark, logo, or trade name without consent is prohibited.
Law and Jurisdiction
The Terms and any dispute or claim arising out of or in connection with the Terms (including without limitation non-contractual disputes or claims) shall be governed by and construed in accordance with Japanese law. You and we irrevocably agree that the Tokyo District courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or their subject matter or formation (including without limitation non-contractual disputes or claims).
Termination and Suspension
Notwithstanding anything else in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your license to use the Services, in whole or in part, and to block or prevent future your access to and use of the Services.
If any provision of the Terms shall be deemed to be illegal, unlawful, void, invalid or for any reason unenforceable by reason of the laws of any state or country in which the Terms are intended to be effective, then that provision shall be deemed severed and deleted from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions, and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Date of Last Revision: February 20, 2017.