Terms & Conditions

Smash Mobile - Terms and Conditions (T&C)

Version of May, 2019

Make sure you read the following and understand that in case of any dispute, arbitrage will be preferred as a mean of solving possible issues.

We have the right to change or modify these T&C. Changes are taking effect as soon as these T&C are posted on on Smash Mobile’s website atwww.smashmobile.jp.

Definitions and terms

(1) Smash Mobile,” “us,” "we,” and “our” refer to Smash Mobile LLC; (2) “you,” “your,” “user,” “subscriber,” and/or “customer” refer to anyone using our services, or holds an account with us. (3) “Devices” refers to any product that Smash Mobile provides you with such as, but not only, sim cards, pocket-wifi. It also refer to any device that you might use our products with such as your personal phone. (4) “Services” refers to any any services that Smash Mobile provides to you such as, but not limited to, a wireless service, device rental. (5) “Fees” refers to any charges, fees, amount you need to pay such as, but not limited to, taxes, usage charges, shipping fees and other Fees describe in the following.

General Agreement with the Customer

These T&C, together with (1) our Privacy Policy available on our website; (2) any other receipts, invoices and transaction material provided by us to you; (3) any other promotions, features, services not included in these T&C that are available on our website; (4) all over policies as describe below; forms the contract between us and you, the Customer. This Agreement or Contract applies to all Services and Devices provided to you.
T&C apply upon any other promotions, campaigns or any other promo made by us.

Policies

Services are subject to our business policies, practices, and procedures (“Policies”), including our Acceptable Use Policy. You agree to follow our Policies when you use our Services. Our Policies are subject to change at any time and become effective when posted to Smash Mobile’s website at www.smashmobile.jp.

Third Parties T&C Notice

Smash Mobile is not responsible for any other Terms and Conditions that you might have accepted from third-parties. It is your responsibility to read and understand possible differences between our T&C and third-parties T&C.

Changes of Terms and Rates

We, Smash Mobile, preserve the right to change at any times the rates, fees, charges, services, features, products, plans and but not limited to, any other part of the General Agreement. Changes are effective as soon as posted on our website. Smash Mobile will try to notify you in cases of changes. Although, if you do not receive any notice, you agree to the agreements if you do not cancel the use of the service within 30 days. In case of cancellation due to the matter above, the common cancellation process will be applied.

Termination

Either party may terminate this Agreement (which will end your Service with Smash Mobile) at any time and for any reason.You are responsible for all Charges that occurred during the time between your purchase date, until your account is cancelled. No Cancellation or Refunds will be made if we decide to cancel the Services we provide to you.

You agree that we may limit, suspend or cancel the services provided to you at our sole discretion and without notice for any reason such as, but not limited to, (a) a violation of these T&C and the content of this page, (b) an unlawful usage of our Services or a usage that is against our interest, (c) a default in paying your account balance.

Plans

Smash Mobile offers monthly plans for basic phones and smartphones (“Plans”). Unless otherwise prohibited by your specific plan terms or type of device, you may change your Smash Mobile Service Plan once in any billing cycle, although we may refuse the change request. In some cases, you will be charged for changing plan and your current balance might be changed too.

Charges

You are responsible for paying all Charges for Services provided under this Agreement, including Charges made by any person you permit to have direct or indirect access to your Device even if you did not authorize its use.

Billing

You will not receive detailed usage of the services provided by us on monthly basis.

Payments and Account Balance

The Services provided to you all depends on your ability to pay the Fees and Charges related to your product or plan. In the case of you being unable to pay the Charges and Fees, we preserve the right to Suspend and or Cancel the Services provided to you. 

All Charges and Fees are linked to usage period of time.

Devices

Smash Mobile does not manufacture any Device that we sell or that can be used with our Services and we are not responsible for any issues related to any Device. Your Device must be compatible with and not harms or create issues with our Services, and must comply with Japanese laws, rules and regulations.

Devices – Lost / Stolen

You must contact us immediately to report a Device that is lost or stolen. You are responsible of all charges related to the product as well as fees that occurred between the loss/steal of your device and the cancellation of your account.

Network Coverage

The network and the Services we provide might be limited or interrupted for various reasons such as environmental conditions or infrastructure issues. Therefore, we cannot guarantee the availability of the network and its access. Network Access is limited to coverage areas and all depends on the network and your position. Your environment might block or limit the quality of the network and the usage of it (buildings, mountain, weather etc).

If your plan includes a Japanese Phone Number as well as Voice option, we charge you the calls that you are making rounded-up to the next full-minute at the end of a call. 30 seconds calls, including ring time, will incur a minimum of one minute airtime charge. If a call starts during a billing period and ends at the next billing period is counted in the period when the call began.

Permitted Uses of our Data Services

We provide wireless data Services that might be used with data services and wireless connections, content and applications. Our Services are intended to be used for the following :
(a) Web Browsing
(b) Internet Access
(c) Email
(d) Upload/Download content on Internet that is permitted by the law
(e) Use of Applications and content, in a way that do not harm the network

You agree that, according the these permitted uses, we might need to take network management measure and that you will use Smash Mobile Data Services only for activities in accordance to these T&C and Agreement, as well as with the law.

We are not responsible for any content or applications that you download or get from third-parties. Third-parties content or applications may harm your device, Smash Mobile is not responsible for any troubles cause by them.

Data Usage

We measure data usage by the kilobyte or the megabyte or gigabyte, where 1000 kilobytes equals 1 megabyte, and 1000 megabytes equals 1gigabyte. To determine your data usage, we calculate in full-kilobyte increments, and actual usage is rounded up to the next full kilobyte increment at the end of each data session. Data usage occurs whenever your Device is connected to our network and is engaged in any data transmission. This includes among other things, sending and receiving email, texts, documents and content; accessing websites; and downloading and using applications and content. Some applications, content, programs and software that you download or that come pre-loaded on your Device automatically and regularly send and receive data transmissions without any action by you and without your knowledge. For example, applications that provide real-time information and location-based information connect to our network and continuously send and receive updated information. In addition, advertisements or advertiser-related messages or data delivered to your Device, even if delivered to an application, as well as any messages or content initiating a response to an advertisement, will count toward your data usage. Network overhead, software update requests, email notifications, and resend requests caused by network errors can increase data usage. You will be charged for all data usage when your Device is connected to our network, whether you initiate the connection or it runs automatically in the background and whether successful or not.

Rate Plans

Smash Mobile’s Wireless Service rate plans offer voice call, sms, and data service Smash Mobile’s ¥2980, ¥3980, ¥4980, ¥6480 plans include a 3GB, 5GB, 7GB or 10GB high-speed data access allowance, respectively. After your high speed data access allowance is used (if applicable), your data download speeds will be reduced to a maximum 200Kbps for the rest of your billing cycle. For all Smash Mobile plans, high-speed data access allows download speeds of a maximum of 20 Mbps for compatible 4G LTE devices and 3 Mbps for compatible 4G HSPA+ devices.

Intellectual Property

You must respect the intellectual property rights of Smash Mobile, our third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Smash Mobile or accessed through Smash Mobile’s websites. Except for material in the public domain, all material displayed in association with our Services are copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.

Use of the Services – Abuse, Misuse, Prohibited Use

The users shall not do the following when using our services. 
(a) The act of infringing another user, a third party or our copyright and other intellectual property rights.
(b) Acts of infringing another user, the property of third parties, privacy or portrait rights.
(c) The act of discriminating or slandering other users or third parties, or harming honor and trust.
(d) Acts that lead to crimes such as fraud.
(e) Acts to transmit or post obscene, child pornography or child abuse images, documents, etc.
(f) The act of sending / posting information contrary to facts or the act of tampering / deleting information.
(g) Acts that are not approved in advance by Smash Mobile, through the Service or for the purpose of profit related to this service, or acts aimed at preparing it.
(h) Acts that hamper the operation of this service or facilities such as servers managed by a third party.
(i) E-mail sending or calling advertisement or solicitation etc. to another users or third party without prior permission, sending or receiving e-mails of other subscribers or third parties by sending a large number of e-mails or calling, Act that acts to interfere with the recipient, or to send e-mail (spam e-mail/harassment) or to make a call with emotional feeling or disgust.
(j) The act of using or providing harmful programs such as computer viruses, or the act of supporting, advertising or recommending them.
(k) Acts of impersonating other users and using this service.
(l) The act of acquiring information such as the ID of another person by the method of using a Web site or e-mail, etc. contrary to the person's intention by mistake etc. of the person to whom the information belongs.
(m) Acts that violate laws or public order and morals (prostitution, violence, cruelty, etc), or disadvantage to other users or third parties.
(n) Acts such as assigning, lending, reselling, changing name, placing a pledge or other collateral, etc.
(o) Acts that promote the acts prescribed in the preceding items .
(p) Acts judged by the Company that there is a risk of falling under each of the preceding items.
(q) Acts that are against the law.
(r) Other actions that we deem inappropriate. 

We collect information about the approximate position of your Device based on the cell towers nearby you and the Global Positioning System commonly known as GPS. We use location information and other information in order to provide our Services to you. All information that we collect at any point is compliant with our Privacy Policy available on our website.

Network and Service Protection Notice

We preserve the right, at our sole discretion, to take actions to maintain, preserve, protect the network or its integrity, our Services, our Rights and Properties.

Warranties

In connection with the use of communications, it is not possible for Smash Mobile to guarantee the quality of communication related to telecommunication facilities connected via interconnection points or the like. We cannot ensure that this service is free of defects at the current general state of the art due to the technical level on the Internet and computers, the state of the art on infrastructure such as communication lines and the complexity of the network itself. Smash Mobile cannot ensure that, in a case of emergency, you will be found. We cannot ensure the quality of the network in emergency cases.

Limitations on Service and Liability

You agree that Smash Mobile and its suppliers, contractors, vendors or parent companies, unless prohibited by law, have no responsibility in any damages or injury cause by using the Services, by terminating the Services and suspending these Services.

Disputes

In the case of any disputes, you have 100 days from the date of the event leading to a dispute, to notify us in writing at our office address indicated on our Website. If the 100 days have past, you agree to waive your rights to dispute and to bring or participate in any legal actions regarding the dispute.
Dispute Resolution is Binding Arbitration.

Ruling Law

The law of Japan shall govern this Agreement. In the event of a dispute between, the law of Japan applies.

Language 

The only version of this T&C and Agreement that can be referred to is the english version of it.

Separability

These T&C continues beyond the termination of Services. Even if it is found that a part of this Agreement and T&C is invalid and unenforceable, the rest remain applicable and unaffected.

Reviews

You agree to receive invitations to review our products after your purchase, either send manually or automatically.