Bitfan PASS Terms of Service

“Bitfan PASS Terms of Service” (hereinafter referred to as this “TOS”) provide for matters that utilize Bitfan PASS service of “Bitfan” (hereinafter referred to as the “Service”), the Internet service operated by SKIYAKI Inc. (hereinafter referred to as the “Company”). To customers as Users, the “Bitfan Terms of Service” shall apply and to customers as Owners, “Owners Terms of Service” shall apply in addition to this TOS, so they must confirm the terms and conditions thereof and agree thereto before using the Services.

Article 1 Definition

  • 1. The terms provided for in this TOS shall be defined as per each item below. To any terms that are not defined herein, the terms used in “Bitfan Terms of Service” shall apply:
    • (1) “Ticket Service”: refers to service which enables to purchase a Ticket of an event one wants to participate by searching events in Internet service, “Bitfan PASS” operated by the Company.
    • (2) “Ticket”: means a right to participate in an event offered by an Owner under Ticket Service, to which the payment will be settled using Settlement Service.
    • (3) “Ticket Selling Applicant(s)”: refers to a User who wishes to assign a Ticket as provided for in Article 6 of this TOS.
    • (4) “Ticket Purchasing Applicant(s)”: refers to a User who wishes to take over a Ticket
    • (5) “Transfer Price”: refers to the amount set by a Ticket Selling Applicant as provided for in Article 6 of this TOS
    • (6) “Settlement Service”: means settlement service that can be used in “Bitfan PASS”, which will be used for settlement of sales price of a Ticket between an Owner and a User

Article 2 Ticket Service

  • 1. Users shall, when purchasing a Ticket through Ticket Service, apply for the Ticket purchase in accordance with the procedures provided for in the App.
  • 2. The Ticket purchase procedures shall complete at the time when an Owner accepts a Ticket purchase application by a User and has sent that effect to the User by the method separately prescribed by the Company. Any cancellation for the User’s convenience after completion of purchase procedures, for whatever reason, cannot be accepted.
  • 3. The Company shall, if the Ticket purchase procedures by a User complete, transmit information necessary for using the purchased Ticket to the Authenticated Smartphone of the User who purchased the Ticket, and moreover, if the User requests to issue the Ticket, it shall issue the Ticket to the said User without delay on its own responsibility and at its expense. The Owner may, if the User does not pay the Ticket price by the deadline separately set by the Company, invalidate the Ticket purchase application by the said User.
  • 4. The User shall, if he/she fails to pay the price for the Ticket by the deadline separately set by the Company, forfeit any and all rights in relation to the Ticket for which the User has made a purchase application.
  • 5. Please note that for using the Ticket purchased, it is necessary for the User to connect in advance the Authenticated Smartphone in which the Ticket app is installed to Internet and have information to be transmitted by the Owner necessary for using the Ticket purchased (hereinafter referred to as “Ticket Information”) be received. In conducting terminal authentication, it is necessary to transmit to the phone number specified by the Company using the User’s own smartphone.
  • 6. The User shall, after downloading the App and going through terminal authentication of the smartphone, pay the price through Settlement Service specified by the Company and may purchase the Ticket.

Article 3 Matters to be Noted in Settlement of Payment for Ticket

  • 1. Please note the following precautions when settling the Ticket price through Ticket Service. Damages or detriments incurred by a User in relation to the following shall be handled under the User’s responsibility and be borne by the User, and the Company, the Owner, and each credit card company cannot be liable therefor:
    • (1) Please fully confirm the event content, date and time and charge, etc. of the Ticket when ordering the Ticket;
    • (2) When issuance of Tickets has reached the upper limit before completion of settlement, the Ticket may not be purchased;
    • (3) After completion of settlement, the Ticket so ordered may not be exchanged, returned or cancelled for the User’s convenience;
    • (4) Exchange or refund of the Ticket when there is a defect, etc. in the Ticket purchased by the User shall be performed to the User by the method specified by the Company through consultations between the Company and the Owner;
    • (5) Please pay sufficient attention so that the procedures will not be incomplete in the middle of an order for or settlement of a Ticket due to battery exhaustion of a smartphone or communication failure, etc.

Article 4 Use of Ticket

  • 1. When a User participate in an event using the Ticket purchased, it is necessary to bring the Authenticated Smartphone which has received Ticket Information to the event site and display the authenticated screen of the Ticket (hereinafter referred to as “Ticket Authenticated Screen”) by activating the Ticket app on the Authenticated Smartphone. For other matters in relation to the use of a Ticket at the event site, please follow instructions of event site staff.
  • 2. If Ticket Authenticated Screen cannot be displayed on the Authenticated Smartphone at the event site for reasons not attributable to the Company, such as loss/failure/battery exhaustion/non-possession of a smartphone or omission of receipt of Ticket Information, for whatever reason, participation in the event may be declined in some cases. In such a case, the Company, the Owner or the event organizer shall not be responsible for returning the Ticket price to the User or for any other issues.
  • 3. If a User changes the phone number of the smartphone, etc. after having conducted the terminal authentication, in order to use the Ticket purchased, it is necessary to notify the Company before the event through the Company’s prescribed procedures that he/she has changed the phone number and undertake procedures for change of the authenticated information. Because certain period of time separately set by the Company will be required for the change procedures of authenticated information, the User shall have enough time for applying for the procedures to the Company on his/her own responsibility so that he/she can complete the change procedures of authenticated information before the implementation date of the event.
  • 4. Fee specified by the Company will accrue at the time when the User who has purchased a Ticket issues the Ticket. Please note even if the User did not use the Ticket after its issuance, the fee shall be incurred.

Article 5 Non-Assignment, etc.

  • 1. Ticket Service entitles a User who is an owner of the smartphone used by the Company at the time of terminal authentication and who is a subscriber of mobile phone line the Company has authenticated through its prescribed procedures at the time of terminal authentication to use a Ticket using Settlement Service. Any Users other than those approved by the Owner may not use a Ticket, regardless of with/without charge and whatever the form or the method may be, such as assignment/lending of a smartphone or account or otherwise.
  • 2. The Company may, if it confirms that a person other than Users uses or attempts to use a Ticket without the prior consent of the Company and the Owner, invalidate the Ticket, refuse the use of such Ticket including the User and cause the person to withdraw from the Services. In this case, the Company will not be liable for refunding the Ticket price and not assume any other responsibility.

Article 6 Transfer of a Ticket

  • 1. Notwithstanding the provision of the preceding article, Users may, through the procedures provided for in this paragraph, cause another User to acquire the right to participate in the event based on the Ticket he/she purchased, and apply for receiving the whole or part of the Ticket price already paid to the Company. Hereinafter, the foregoing act shall be referred to “Assignment of a Ticket” and an act of acquiring the right to participate in the event based on the Ticket possessed by another User upon effectuation of the Assignment of a Ticket shall be referred to as “Takeover of a Ticket” respectively.
  • 2. A Ticket Selling Applicant may, when applying for Assignment of a Ticket to the Company, designate the amount of the Transfer Price payable by a Ticket Purchasing Applicant. The Transfer Price shall, unless otherwise specifically admitted by the Company, be up to the list price of the said Ticket (the price that the Company firstly sold the Ticket to the User). The Ticket Selling Applicants shall not be allowed to apply for Assignment of a Ticket for the purpose of letting only a specific User be a Ticket Purchasing Applicant. The Company will not, in some cases, if it determines that the Ticket Selling Applicant has applied for Assignment of a Ticket for such purpose, approve the application for Assignment of a Ticket from the said Ticket Selling Applicant or revoke the approval once it has given. The Company will not be liable for any damages suffered by the Ticket Selling Applicant accordingly.
  • 3. An application for Assignment of a Ticket and Takeover of a Ticket shall be made to the Company by the Ticket Selling Applicant and the Ticket Purchasing Applicant through the Company’s prescribed procedures. 90% out of the Transfer Price is revenue to the Ticket Selling Applicant, remaining 10% the Transfer Price is revenue to Owner.
  • 4. A Ticket Selling Applicant may apply for Assignment of a Ticket, 1 Ticket per same event. Likewise, a Ticket Purchasing Applicant may apply for Takeover of a Ticket, 1 Ticket per same event.
  • 5. A Ticket Selling Applicant may, after his/her application for Assignment of a Ticket to the Company, only until the time when a Ticket Purchasing Applicant applies for Takeover of a Ticket, request for change of the Transfer Price and cancellation of application for Assignment of a Ticket through the Company’s prescribed procedures.
  • 6. After a Ticket Purchasing Applicant applied for Assignment of a Ticket, at the time when the Company has approved it and completed settlement process of the Transfer Price, the Ticket Purchasing Applicant acquires the right to participate in the event based on the said Ticket while the Ticket Selling Applicant forfeits the right to participate in the event (hereinafter the foregoing right processing shall be collectively referred to as “Transfer of a Ticket”). Neither the Ticket Purchasing Applicants nor the Ticket Selling Applicants may, for whatever reason, seek cancellation of Assignment of a Ticket or Takeover of a Ticket after Transfer of a Ticket comes into effect. Furthermore, if the settlement process has yet complete by the deadline, which the Company sets for each settlement method, due to circumstances attributable to the Ticket Purchasing Applicant, the Company may revoke the application for Takeover of a Ticket by such Ticket Purchasing Applicant.
  • 7. When Transfer of a Ticket is formed and an event pertaining to the Ticket is implemented, the amount after deducting the Company’s system usage fee from the Transfer Price paid by the Ticket Purchasing Applicant shall be registered with the Ticket Selling Applicant’s account of Bitfan service as “amount of money received”. The Ticket Selling Applicants may designate the method for receiving the registered amount of money received through the App.
  • 8. If the event was called off, all of Assignment of a Ticket, Takeover of a Ticket and Transfer of a Ticket pertaining to the said event shall become void. If the Ticket Purchasing Applicant has already completed payment of the Transfer Price at the time when the cancellation of the event is decided, the Company will refund the amount equal to the Transfer Price by the method separately prescribed by the Company. If payment has already been completed to the Ticket Selling Applicant, money will not be refunded to the Ticket Selling Applicant.
  • 9. Transaction acts of a Ticket under this article consist of legal acts set forth in the following (1) and (2):
    • (1) Termination by consent of the Ticket Purchase Agreement between an Owner and a Ticket Selling Applicant subject to fulfillment of all the following (i), (ii) and (iii):
      • (i) There is a request for Assignment of a Ticket at the Transfer Price by a Ticket Selling Applicant (hereinafter referred to as “Ticket Assignment Application”) and an Owner approves it;
      • (ii) A Ticket Selling Applicant agrees that the amount of refund of the Ticket price to the Ticket Selling Applicant associated with Transfer of a Ticket shall be the Transfer Price; and
      • (iii) After Ticket Assignment Application, the Purchase Agreement is concluded between the Owner and the Ticket Purchasing Applicant at the Transfer Price, and the Ticket Purchasing Applicant completes payment of the Transfer Price
    • (2) The Purchase Agreement between the Owner and the Ticket Purchasing Applicant based on the Transfer Price

The terms such as “purchase”, “assignment”, “sell” or “transfer” as used in this article shall be just for convenience of expressions; therefore, they shall not directly generate any legal acts including sale and purchase/exchange and others between the Ticket Selling Applicants and the Ticket Purchasing Applicants, directly or indirectly.

Article 7 Distribution Function of a Ticket

  • 1. Notwithstanding the provisions of the preceding article, a User who has bought more than 1 Ticket for the same event under the Services may have Users other than the User himself/herself use a part of Tickets purchased, 1 Ticket per User, by using “distribution function” of the App. (however, the case falling under Paragraph 2 is excluded).
  • 2. Distribution function of the App will be offered by the Company when a User intending to participate in an event with family members or friends purchases Tickets for all participants, thus the function is not designed to permit Assignment of a Ticket/resale to unspecified number persons. An act that a User solicits persons who desire to use a Ticket to the unspecified number persons outside the Services shall, even when letting them use Tickets with use of the distribution function of the App, be deemed to be an act violating the prohibited matters provided for in Article 8 of the Bitfan Terms of Service, regardless of whether he/she sought consideration as the condition of use of a Ticket or not. The Company may, if it confirms such act, invalidate the Tickets, refuse the use of the Tickets including the Ticket purchasers, and cause the person to withdraw from the Services. In such a case, the Company cannot undertake any responsibility including return of the Ticket price to the User.
  • 3. If any trouble arises between the User and family member or friends, etc. in relation to distribution function of the Ticket app, please settle it by themselves.

Article 8 Loss, etc. of Smartphone

If a smartphone in which the App is installed is lost, please immediately contact the Company and the credit card issuing company registered on Ticket Service by the method specified by the Company and the credit card issuing company. The Company or the Owner shall not be liable for any detriment or damage suffered by the User due to out-of-stock of a Ticket or purchase of the Ticket by another person’s unauthorized use of the User account during a period from loss of the smartphone by the User until the Company and the credit card company which were informed by the User take prescribed responses.

Article 9 Suspension/Revocation of Membership Qualification

  • 1. The Company may, if a User falls under each item below, immediately suspend the use of the Services by the User or cause the User to withdraw from the Services without the prior notice. In this case, the User shall immediately pay the full amount of debts owed to the Company. The Company shall not undertake the obligation to refund the Ticket price, etc. already paid to the User or any other responsibility:
    • (1) Assignment/resale of the Ticket without obtaining the prior consent of the Company or when committing any acts violating this TOS;
    • (2) When the User fails to pay debts owed to the Company, including the Ticket price;
    • (3) When the credit card registered on the Services is unusable;
    • (4) When the Company determines that 1 individual makes multiple user registration in the same Ticket selling site;
    • (5) When the User conducts an act interfering with smooth operation of the Services, regardless of the method;
    • (6) When the User has no utilization result for 2 years or more and the Company determines he/she is unlikely to use the Services in the future as well;
    • (7) When the User commits an act of causing trouble to the event organizer or event participants, an act of impairing smooth operation of the event and any acts the Company determines they are possible to be the same;
    • (8) When the Company determines there is the fact that the User is involved with anti-social forces; and
    • (9) Otherwise when the Company determines he/she is inappropriate as a User of the Services based on reasonable grounds
  • 2. The Company may, if a Ticket Selling Applicant falls under each item below, immediately suspend the use of the Services by the User or cause the User to withdraw from the Services without the prior notice. In this case, the Ticket Selling Applicant shall immediately pay the full amount of debts owed to the Company. The Company shall not undertake the obligation to issue the Ticket, etc. or any other responsibility:
    • (1) Assignment/resale of the Ticket without obtaining the prior consent of the Company or when committing any acts violating this TOS;
    • (2) When the Applicant fails to pay debts owed to the Company;
    • (3) When the Applicant conducts an act interfering with smooth operation of the Services, regardless of the method;
    • (4) When the Applicant has no utilization result for 6 months or more and the Company determines he/she is unlikely to use the Services in the future as well;
    • (5) When the Applicant commits an act of causing trouble to the event organizer or event participants, an act of impairing smooth operation of the event and any acts the Company determines they are possible to be the same;
    • (6) When the Company determines there is the fact that the Applicant is involved with anti-social forces; and
    • (7) Otherwise when the Company determines he/she is inappropriate as a Ticket Selling Applicant of the Services based on reasonable grounds
  • 3. The member shall be liable for compensating damages caused to the Company and third parties due to the acts falling under each item of the preceding two (2) paragraphs.

Article 10 Regarding Personal Information of Users

  • 1. Owners may acquire Personal Information of Users in Ticket Service to the extent deemed necessary by the Company for providing Ticket Service opened by Owners. Owners shall, in acquiring Personal Information, respond thereto in compliance with the Act on the Protection of Personal Information under their own responsibility, such as clearly specifying the purpose of utilization and existence/nonexistence or scope, etc. of third party provision and conditions of use of Personal Information, etc. and Users shall provide Personal Information after having confirmed/agreed to them on their own responsibility.
  • 2. Owners shall use Personal Information provided by Users under Ticket Service in compliance with the purpose of utilization and conditions of use, etc. and shall not use it for any purpose other than the purpose of utilization.
  • 3. Owners shall not provide Personal Information of the Ticket Purchasing Applicants to any third parties except for cases clearly specified under this TOS or cases listed below:
    • (1) When based on laws and regulations;
    • (2) When disclosure request is made by a person having legal authority;
    • (3) When disclosure is forced in order to protect rights of Owners or third parties from urgent or unjustifiable invasion or to restore the rights;
    • (4) When it is determined necessary to make disclosure to contractors for business; and
    • (5) When providing, associated with the transfer of business relating to services to a third party, through business succession or otherwise, to the relevant assignee

(10 articles in total)

Last modified: March 31, 2020