Terms & Conditions | d POINT CLUB

Terms and Conditions

d ACCOUNT Terms and Conditions

These d ACCOUNT Terms and Conditions (these “Terms”) set forth the matters applicable to customers (each a “Customer” or “You”) to whom NTT DOCOMO INC. (“DOCOMO”) has issued d ACCOUNT. No Customer may use d ACCOUNT unless such Customer agrees to these Terms.

Article 1. d ACCOUNT

d ACCOUNT is used for customer identification and authentication for you to use various types of services. The Services compatible with d ACCOUNT (“Compatible Service”) are offered not only by DOCOMO but also by various business partners. The list of Compatible Services shall be separately prescribed by DOCOMO.
You can only use “Carrier-Free d ACCOUNT” while a customer having DOCOMO mobile phone subscription can use “d ACCOUNT for Subscriber”. The types of Compatible Services available to a Customer will vary depending on the type of Customer’s d ACCOUNT. Some Compatible Service is only available for DOCOMO mobile phone subscriber. If you have DOCOMO mobile phone subscription in Japan and wish to use “d ACCOUNT for Subscriber” you need to follow separate instruction made by DOCOMO (please see more details in d ACCOUNT Site. In these Terms, we refer “Carrier-Free d ACCOUNT” as “d ACCOUNT“.
You need to enter d ACCOUNT ID and password (“ID & Password”) for the identification and authentication for using Compatible Services. Some Compatible Service may require you to enter a security code in addition to the ID & Password for the same purpose. The security code will be sent or notified to you in a manner separately prescribed by DOCOMO.
Some of the Compatible Services will maintain your authenticated status until certain designated duration has passed or you have removed cookies from your browser settings. In such case, re-entry of the ID & Password is not necessary. Once ID & Password is entered, DOCOMO deems (i) such entry is made by a Customer who has the ID & Password and (ii) as long as authenticated status is maintained, any act performed after the entry as being the act of the Customer.
In addition to these Terms, you need to comply with terms of use of each Compatible Service. If there is any discrepancy exist between these Terms and terms of use of Compatible Service, the latter prevails.
If you are under 16 years old, the consent of a person with parental authority will be required. d ACCOUNT is not available to children under the age of 13.

Article 2. Application for d ACCOUNT

For using d ACCOUNT, you need to make a prior application to DOCOMO in accordance with the procedure separately prescribed by DOCOMO.
If DOCOMO accepts your application, DOCOMO will send you an email specifying a one-time key (meaning a PIN available only for certain designated period) (a “One-Time Key Notification”). When you enter the one-time key specified in the One-Time Key Notification in our designated web site, the issuance of d ACCOUNT will be completed.
Notwithstanding the above, in some limited circumstance, the issuance of d ACCOUNT will be completed without entry of one-time key, in which case the issuance is completed when DOCOMO notifies you of the completion of the Customer’s application in a manner prescribed by DOCOMO.
DOCOMO may reject your application if you fall under any of the following circumstances:
1. A misstatement, typographical error or omission, etc. having been found in your application;
2. An email address designated by you as d ACCOUNT being identical to other existing or existed d ACCOUNT;
3. Your d ACCOUNT having ever become invalid in the past due to any of the circumstances set forth in Article 7, in connection with your breach of these Terms; or
4. DOCOMO otherwise having deemed it inappropriate to approve of your use of d ACCOUNT.

Article 3. Password Setting and Management

You shall manage your ID & Password in such a manner as to keep them confidential from third parties, and shall be fully and solely responsible for the password management. Some device will maintain the ID & Password once registered. You shall also be responsible for the management of such device.
In setting the ID & Password, you shall avoid using your date of birth, address, telephone number or any other information which can be easily guessed by a third party.
You may change your ID & Password in accordance with the procedure separately prescribed by DOCOMO. Notwithstanding, if the change results in any of the circumstances set forth in Article 2.4, DOCOMO may reject the application for change.
If you stop using an email address registered as “Contact email address” for any reason, you shall immediately change the “Contact email address” and notify DOCOMO. The details of procedure will be separately prescribed by DOCOMO.
If you have forgotten your ID & Password, you may apply for the reissuance of such ID & Password in accordance with the procedure separately prescribed by DOCOMO. Similarly, if your ID & Password has been locked, you can unlock the same by carrying out the procedure for the reissuance of ID & Password.
If your ID & Password has been lost or stolen, or otherwise likely becoming known to a third party, you shall immediately take appropriate measures, such as changing the ID & Password in order to prevent the ID & Password from being used by any third party.
In no event, DOCOMO shall be responsible for any loss or damage which may be incurred by you due to any insufficient management or erroneous use, or a third party’s misuse of your ID & Password unless such loss or damage has been incurred as a result of any willful misconduct or negligence on the part of DOCOMO. Other than DOCOMO’s misconduct or gross negligence, DOCOMO’s cumulative liability arising out of or related to negligence or tort of DOCOMO will not exceed FOMA basic monthly charge or Xi basic monthly charge, whichever is lower.

Article 4. User Information

DOCOMO will separately announce processing of Personal Data in the "NTT DOCOMO Privacy Policy."
If you use your d ACCOUNT for Compatible Service offered by a business partner other than DOCOMO, DOCOMO will provide the business partner with the following information:
1. an OpenID (i.e. a specific character string issued by DOCOMO for each d ACCOUNT); and
2. other information specifically designated by DOCOMO for each Compatible Service
The information will be used only for the purpose that the business partner can identify the Customer.

Article 5. Notice

DOCOMO may provide you with notices concerning d ACCOUNT or Compatible Services by way of email to your email address (currently used or previously used as d ACCOUNT ID or by any other means which DOCOMO considers to be appropriate. The notice will a marketing or promotional message provided that DOCOMO sends such message only if your explicit consent is obtained.

Article 6. Prohibited Matters

You shall not engage in any of the following acts in connection with your use of d ACCOUNT:

Using d ACCOUNT for illegal or unauthorized purpose (i.e. other than the purpose of obtaining an identity verification for Compatible Services);
Disclosing, loaning, assigning, selling, purchasing, pledging or otherwise transfer of d ACCOUNT to a third party or causing a third party to use your d ACCOUNT;
Engaging any act constituting, or likely to constitute, a breach of these Terms or a violation of applicable laws and regulations or public policy;
Infringing or damaging the privacy or other rights, property, reputation, or social credibility of any third party or DOCOMO;
Hindering, interfering or otherwise disturbing any Compatible Service or other services of DOCOMO or the operation of DOCOMO’s services (including access to DOCOMO network in an attempt to overload systems), or engaging in any act likely to constitute such hindrance;
Causing detriment or damage to DOCOMO or a third party or engaging in any act likely to constitute such detriment or damage; or
Engaging in any act constituting, or likely to constitute, a criminal act or an act related to a criminal act.

Article 7. Invalidation of d ACCOUNT

If you wish to invalidate your d ACCOUNT, you shall follow the procedure separately prescribed by DOCOMO. After the invalidation, you will no longer be able to use the Compatible Services which are currently in use through your d ACCOUNT. Notwithstanding, the subscription of Compatible Services shall not be automatically terminated upon invalidation of d ACCOUNT. You shall follow all necessary steps prescribed by each Compatible Service provider to terminate the subscription. Please note that for most of Compatible Services, termination of the subscription after invalidation of d ACCOUNT will be very complex and require some direct communication with the Compatible Service provider, so we recommend you to check the process for the termination before invalidation of d ACCOUNT.
DOCOMO may, at any time in its sole discretion, invalidate your d ACCOUNT if you fall under any of the following circumstances:
1. a Customer having breached these Terms;
2. DOCOMO being unable to confirm your use of d ACCOUNT for a period separately prescribed by DOCOMO; or
3. a Customer having engaged in any other act which DOCOMO deems to be inappropriate.
In no event DOCOMO shall be responsible for any loss or damage which may be incurred by you due to the invalidation of d ACCOUNT in accordance with this Article.

Article 8. Suspension of d ACCOUNT

In the event of an incorrect d ACCOUNT password being entered more than a certain number of times, or DOCOMO otherwise considering it to be necessary, DOCOMO may take measures such as the temporary suspension of your use of d ACCOUNT. In this case, when you wish to resume the use of d ACCOUNT, you must apply for a resumption of d ACCOUNT in accordance with the procedure separately prescribed by DOCOMO.
In addition to above, DOCOMO may temporarily suspend your d ACCOUNT due to system maintenance or failure. In this case, DOCOMO will notice or make public such suspension in advance except in cases of emergencies or unavoidable circumstances.
In no event DOCOMO shall be responsible for any loss or damage which may be incurred by you due to the suspension of d ACCOUNT in accordance with this Article.

Article 9. Limited Warranty

In no event DOCOMO shall be responsible for any damage which may be incurred by you or any third party with respect to your use of d ACCOUNT unless there has been any willful misconduct or negligence on the part of DOCOMO. Other than DOCOMO’s misconduct or gross negligence, DOCOMO’s cumulative liability arising out of or related to negligence or tort of DOCOMO will not exceed FOMA basic monthly charge or Xi basic monthly charge, whichever is lower.
UNLESS OTHERWISE SPECIFFICALLY PROVIDED IN THESE TERMS, DOCOMO DOES NOT MAKE ANY WARRANTY TO THE CUSTOMER WITH RESPECT TO d ACCOUNT AS TO THEIR CONCURRENCE, ACCURACY, LAWFULNESS, SAFETY, ADEQUACY, UTILITY AND ANY OTHER EFFECTS DUE TO USAGE OF d ACCOUNT. IN ADDITION, IF ANY DISPUTE ARISES BETWEEN THE CUSTOMER AND A THIRD PARTY REGARDING THE d ACCOUNT DOCOMO SHALL NOT BEAR ANY LIABILITY FOR THE DISPUTE.

Article 10. No Assignment

You shall not transfer to, have succeeded by or provide as collateral to a third party all or part of the rights it has against DOCOMO or the obligations it owes to DOCOMO under these Terms.

Article 11. Amendment of These Terms

DOCOMO may amend these Terms by posting it on its service site. If these Terms are amended, the amended Terms shall apply to the Customers.

Article 12. Jurisdiction

All disputes arising out of or in connection with these Terms shall be finally brought to the Tokyo District Court. The Customer hereby irrevocably consent to the exclusive jurisdiction of the Tokyo District Court over any dispute arising out of or in connection with these Terms.

Article 13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Japan without regard to the principles of its conflict of laws.

d POINT Club Membership Rules

NTT DOCOMO, INC. (“DOCOMO”) will offer a customer joining the “d POINT Club” (a “d POINT Club Member”) a program (the “Program”) under which we provide you certain benefits (the “Club Benefits”) such as the awarding of points called “d POINTs” (the “d POINTs”) pursuant to this “d POINT Club Membership Rules” (these “Rules”). We will offer you the Program pursuant to these Rules. Furthermore, the details of the Program shall be according to the d POINT Club Site (defined in Article 1).

Article 1. Definitions

The definitions of the terms used in the Program are as set forth below. Furthermore, terms not defined in these Rules shall be pursuant to the Agreements (defined in Item (2)):
1. “Point Offering Service” means collectively the service and transaction that is subject to the awarding of the d POINTs that are separately set forth in the d POINT Club Site, etc. by DOCOMO.
2. “Agreements” means collectively the FOMA service agreement, Xi service agreement, 5G service agreement, or WIDESTAR communications service agreement.
3. “Subject Line Contract” mans the line contract under the Agreements.
4. “Continuous Usage Period” means the continuous period of the Subject Line Contract. The month following the new contract date will be the first month and the period will be calculated in one-month units.
5. “d CARD Terms of Use” means the “d CARD Terms of Use (Membership Rules)” separately set forth by DOCOMO.
6. “d CARD Service” means the service containing the credit function provided pursuant to the d CARD Terms of Use.
7. “d POINT (with limitation on term and use)” means the d POINTs for which DOCOMO separately sets forth in the d POINT Club Site, etc. a valid period and usage purposes that differ from the provisions for the d POINTs under these Rules.
8. “d POINT Club Member Number” means the fixed number that DOCOMO allocate by member to identify a d POINT Club Member.
9. “Service Stage” means the categories for the provision of the Club Benefits comprising of five (5) stages. The Service Stage will be decided according to the standard set forth below:
  1. Number of d POINTs acquired in a six (6) -month period: total number of d POINTs acquired by the d POINT Club Member during a six (6) -month period by two (2) months prior to such month (the “Determination Period”) (does not include the acquired number of d POINTs (with limitation on term and use) and d POINTs awarded in other instances separately provided in the d POINT Club Site, etc. by DOCOMO); and
  2. Continuous Usage Period by the d POINT Club Member as of the end of every month (the “Determination Date”) (this standard does not apply to d POINT Club Members who do not have a Subject Line Contract).
  More details of each Service Stage are as follows. The Service Stages are described in the order of the highest-ranking Service Stage. The order described below is from the higher-ranking Service Stage, and if the applicable conditions of several Service Stages are satisfied, the higher-ranking Service Stage will be applied to the d POINT Club Member:
  - Platinum Stage
    Conditions: satisfy any of the following:
    1. The number of d POINTs acquired in the Determination Period by the d POINT Club Member is 10,000 or more points.
    2. The Continuous Usage Period as of the Determination Date by the d POINT Club Member is 15 or more years.
  - 4th Stage
    Conditions: satisfy any of the following:
    1. The number of d POINTs acquired in the Determination Period by the d POINT Club Member is 3,000 or more points.
    2. The Continuous Usage Period as of the Determination Date by the d POINT Club Member is 10 or more years.
  - 3rd Stage
    Conditions: satisfy any of the following:
    1. The number of d POINTs acquired in the Determination Period by the d POINT Club Member is 1,800 or more points.
    2. The Continuous Usage Period as of the Determination Date by the d POINT Club Member is eight (8) or more years.
  - 2nd Stage
    Conditions: satisfy any of the following:
    1. The number of d POINTs acquired in the Determination Period by the d POINT Club Member is 600 or more points.
    2. The Continuous Usage Period as of the Determination Date by the d POINT Club Member is four (4) or more years.
  - 1st Stage
    1. The number of d POINTs acquired in the Determination Period by the d POINT Club Member is less than 600 points.
    2. The Continuous Usage Period as of the Determination Date by the d POINT Club Member is less than four (4) years.
10. “docomo My Shop” means the membership program implemented by DOCOMO and the carrier shops authorized by DOCOMO (the “Carrier Shop”) under the “docomo My Shop Membership Rules” separately set forth by DOCOMO.
11. “d POINT Participating Retailer” means a company or otherwise that is collaborating with DOCOMO in the Program such as by providing the Club Benefits or exchanging points.
12. “d POINT Club Site” means the website that is exclusively for the d POINT Club Member where various information regarding the Program can be accessed and applications for the provision of the Club Benefits can be made.
13. “d POINT Club Member Information” means the information concerning the d POINT Club Member or the User that was stated upon joining the Program (including name, gender and date of birth) and information that is changed under Article 2(7).
14. “Former 2-in-1 Agreement” means an agreement to use the 2-in-1 usage executed by March 2, 2008 (the same definitions as set forth in the “FOMA service agreement”) for which procedures have not been taken to transfer to an agreement to use the 2-in-1 usage under the service contents that were provided starting from March 3, 2008.
15. “2-in-1 Packet Charge Acceptance Option Service” means the service that is provided by DOCOMO under the ”2-in-1 Packet Charge Acceptance Option Service Rules.”
16. “Zutto DOCOMO Wari Plus” means the discounted service provided by DOCOMO under the Xi service agreement.
17. “Point Sharing Group” means the group where several d POINT Club Members can share the use of d POINTs. For the formation of the Point Sharing Group, one (1) d POINT Club Member will always need to be established as a representative member; provided, however, that the representative member must be a d POINT Club Member who has contracted for a Subject Line Contract, the d CARD Service or docomo Hikari. The details of various conditions regarding the Point Sharing Group, including the formation of the Point Sharing Group, additions to and abolishment of the Point Sharing Group, and registering or changing the representative member, shall be as separately set forth by DOCOMO.
18. “d POINT Club Special Terms” means the ”d POINT Club Special Terms and Conditions” separately set forth by DOCOMO.
19. “Identity Verification” means the verification by DOCOMO based on procedures separately provided by DOCOMO that a part of the registered contents of the d POINT Club Member Information is that of the individual.

Article 2. Application for Membership, Membership Status, Point Sharing Group, Identity Verification, etc.

Only customers who satisfy either of the following may join the Club:
1. An individual customer who has executed a Subject Line Contract (excluding contracts at some price classifications) (the “Line Subscriber”); or
2. A customer who has a d ACCOUNT ID and password issued by DOCOMO (the “d ACCOUNT”) under the d ACCOUNT Terms and Conditions separately set forth by DOCOMO (the “d ACCOUNT Terms and Conditions”).
If the customer wishes to join the d POINT Club, the customer is required to apply for a contract between the customer and DOCOMO for joining the d POINT Club (the “Contract”), pursuant to the method separately set forth by DOCOMO, upon consenting to these Rules; provided, however, that if the customer wishing to join the d POINT Club is a minor, such customer is required to apply upon obtaining the consent of a person with parental authority.
The Contract shall be formed between the customer and DOCOMO and become effective, and the registration to the d POINT Club will be completed, as of when the customer signs the document regarding procedures for joining the d POINT Club designated by DOCOMO or displays the screen indicating the completion of membership procedures on the website designated by DOCOMO where procedures to join the d POINT Club can be taken, and a review designated by DOCOMO is completed. Furthermore, there may be instances where an application by the customer will not be approved if any of the following apply:
1. The application is by a customer who does not correspond to the items in Article 2(1);
2. The d ACCOUNT, which was reported at the time of application for membership, was acquired when executing with DOCOMO a Subject Line Contract in the name of a corporation in the past, and such d ACCOUNT has been continuously used even as of the application for membership after the cancellation of the Subject Line Contract;
3. The application is by the Line Subscriber and the Subject Line Contract is in a situation separately set forth by DOCOMO, such as the suspension of use, deactivation of use or preservation of telephone number;
4. There is an actual failure or the likelihood of failure of paying the charges for the Subject Line Contract or other liabilities to DOCOMO;
5. Any of these Rules, the d ACCOUNT Rules, the d POINT Club Special Terms and the Agreements (collectively, the “Rules, etc.”) has been breached or there is the likelihood thereof, either in the past or presently;
6. The contents of the application or notification to the d POINT Club are insufficient or inadequate, or contain false content, or there is the likelihood thereof; or
7. DOCOMO otherwise determines it to be inappropriate.
The d POINT Club does not require any enrollment fees or membership fees.
If the Point Sharing Group will be formed, the customer who will be the representative member and the other customers are each required to apply to join the d POINT Club pursuant to clause 2. In such instance, the d POINT Club Member who will be the representative member and the other d POINT Club Members are required to be relatives within the third degree of relationship.
A d POINT Club Member for whom the Identity Verification has been completed may transfer the d POINTs set forth in Article 4 and use the other services separately set forth by DOCOMO in the d POINT Club Site, etc. Furthermore, there may be instances where DOCOMO will not allow the execution of the Identity Verification if it determines that the Identity Verification is by fraudulent means. In addition, if DOCOMO determines that the Identity Verification that has already been executed was by fraudulent means, it may cancel such Identify Verification.
If there are changes to the registered contents of the d POINT Club Member Information, such changes shall be notified to DOCOMO or a Carrier Shop pursuant to the method designated by DOCOMO.

Article 3. Calculation Method, Award Method and Classification of d POINTs

If d POINTs are awarded to the d POINT Club Member, DOCOMO will award the d POINT Club Member with d POINTs calculated based on the method set forth below:
1. By calculating in accordance with the usage charge in one (1) month of the Subject Line Contract (excluding charges separately set forth by DOCOMO) and other usage charges in one (1) month of the services separately set forth by DOCOMO of the Point Offering Service (the “Point Qualifying Charges”), pursuant to an award rate separately set forth in the d POINT Club Site, etc. by DOCOMO. Furthermore, the minimum unit for the Point Qualifying Charges when calculating the award number shall be 1,000 yen, and any amount less than 1,000 yen shall be rounded off;
2. By calculating in accordance with discount amount of the Zutto DOCOMO Wari Plus, pursuant to an award rate separately set forth by DOCOMO, if the d POINT Club Member who is a Line Subscriber selects the awarding of d POINTs, in place of a discount of the Zutto DOCOMO Wari Plus under the Agreements, by a method designated by DOCOMO. In such instance, the provisions of the Agreements regarding the discount of the Zutto DOCOMO Wari Plus shall not apply. Furthermore, if the Service Stage changes in the middle of a month, the d POINTs will be calculated and awarded according to the Service Stage as of the last day of the month in which the change occurs;
3. By calculating by a method separately set forth in the d POINT Club Site, etc. by DOCOMO based on the usage charges of the d CARD Service, if the d POINT Club Member notifies DOCOMO of the mobile telephone number or the d ACCOUNT of the line for the Subject Line Contract to use the supplementary services under the d CARD Terms of Use. Furthermore, the minimum unit of the usage charges of the d CARD Service when calculating the award number shall be 100 yen, and any amount less than 100 yen shall be rounded off; or
4. By another method separately set forth in the d POINT Club Site, etc. by DOCOMO for each Point Offering Service.
The Point Qualifying Charges in the following instances shall be as set forth below:
1. If the d POINT Club Member has executed a Former 2-in-1 Agreement: the amount to which the usage amount of the Former 2-in-1 Agreement line has been added will be included in the Point Qualifying Charges.
2. If the assumption of liabilities has been made under the Option Service (in this item, the terms not defined in these Rules shall be pursuant to the “2-in-1 Packet Charge Acceptance Option Service Rules“ set forth by DOCOMO): with respect to the FOMA service of the A-number specified as subject to the application of the 2-in-1 assumption of liabilities option, the amount after the amount of the assumed liabilities (the same will apply in this item only as to the amount equivalent to the Point Qualifying Charges (the amount totaled with the portion equivalent to the tax amount)) is deducted from the Point Qualifying Charges will be the Point Qualifying Charges. With respect to the FOMA Service of the B-number using the 2-in-1 assumption of liabilities option, the amount of such assumed liabilities is included in the Point Qualifying Charges.
Other than as set forth in clauses 1 and 2, there may be instances where DOCOMO will award d POINTs or d POINTs (with limitation on term and use) with programs and measures planned by DOCOMO (including point exchange systems with d POINT Participating Retailers) as an opportunity.
If the d POINT Club Member is a member of a Point Sharing Group, DOCOMO will award the d POINTs to the representative member in a lump sum, even if it is an award of d POINTs for the use of the Point Offering Service by a d POINT Club Member other than the representative member. If a d POINT Club Member other than the representative member is abolished from the Point Sharing Group, the d POINTs awarded to the representative member as of such abolishment shall remain as-is with such representative member.
DOCOMO shall make known to or notify the d POINT Club Member of the number of d POINTs that the d POINT Club Member has by posting on the d POINT Club Site, displaying on an app specified by DOCOMO or other method specified by DOCOMO. If the d POINT Club Member is a member of a Point Sharing Group, the number of such d POINTs may be confirmed on the d POINT Club Site even if such d POINT Club Member is a d POINT Club Member other than the representative member; provided, however, that if such representative member sets a block on the use of the number of d POINTs by other d POINT Club Members (the “Point Usage Blocking Setting”), the d POINT Club Member against whom the Point Usage Blocking Setting has been made will not be able to use the d POINTs of such Point Sharing Group. Furthermore, the specific confirmation method of the number of d POINTs and the method for the Point Usage Blocking Setting shall be as separately set forth by DOCOMO on the d POINT Club Site.
After the d POINTs are awarded, if the usage amount for the Point Offering Service that is subject to the awarding of such d POINTs is reduced or if the purchase of DOCOMO’s product or use of DOCOMO’s service is cancelled, DOCOMO will cancel the d POINTs equivalent to the d POINTs awarded to the d POINT Club Member according to the reduced amount or such cancelled purchase amount or usage amount, and decide the Service Stage, upon becoming aware of such reason. In such instance, DOCOMO will deduct the d POINTs subject to cancellation (the “Points Subject to Cancellation”) from the d POINTs held by the d POINT Club Member in one lump sum; however, if the total number of d POINTs held by such d POINT Club Member is less than the total number of the Points Subject to Cancellation, DOCOMO shall award d POINTs upon deducting the remaining number of the Points Subject to Cancellation in advance from the newly awarded d POINTs until there is no longer any remaining number of the Points Subject to Cancellation that could not be deducted. Furthermore, if the d POINT Club Member is a member of a Point Sharing Group, the cancellation process of the Points Subject to Cancellation shall be carried out for the d POINTs awarded to the representative member or for the newly awarded d POINTs. In addition, in the event the contract for the Point Offering Service between the d POINT Club Member and DOCOMO is cancelled, when the total number of the d POINTs held by the d POINT Club Member at such cancellation is less than the remaining number of the Points Subject to Cancellation, DOCOMO may cancel any approvals for applications to use the d POINTs for the portion of the Points Subject to Cancellation that DOCOMO was unable to cancel and claim an amount equivalent to such Points Subject to Cancellation against the d POINT Club Member.
Unless otherwise set forth by DOCOMO in the d POINT Club Site, etc., the timing of the awarding of the d POINTs shall be as follows:
1. Awarding under item (1) of clause 1:
2. Awarding under item (2) of clause 1:
3. Awarding under other than the above two items:
The expiration date of the d POINTs will be the last day of the 48th month from the month in which such points were awarded. The expiration date of the d POINTs (with limitation on term and use) shall be pursuant to the period separately set forth by DOCOMO.
Even if the d POINT Club Member has several contracts for the Point Offering Service, such d POINT Club Member may not convert or total the d POINTs, except as set forth in clause 4.
Other than the awarding of the d POINTs set forth in clause 1, DOCOMO shall provide the Club Benefits to the d POINT Club Member according to the Service Stage. DOCOMO shall be able to change the content of the Club Benefits, and add, remove, change or temporarily suspend the Club Benefits without notifying the d POINT Club Member due to the convenience of DOCOMO or the d POINT Participating Retailer. Furthermore, the types of Club Benefits and the specific provision methods will be as separately set forth by DOCOMO on the d POINT Club Site.

Article 4. Use of d POINTs

The d POINT Club Member may use the d POINTs in one (1) point units (unless otherwise specified by DOCOMO) for the following purposes. Furthermore, there may be instances where DOCOMO restricts some uses or sets certain conditions on uses for uses for the following purposes, and the details thereof shall be set forth on the d POINT Club Site:
1. Application to the purchase price or usage charges for DOCOMO’s products or services (excluding d POINT Applicable Mobile Charges (defined in item (3))) separately specified by DOCOMO;
2. Exchange for a product separately specified by DOCOMO (the “Reward Item”) (DOCOMO will separately set forth the number of d POINTs that are required for the exchange for each Reward Item);
3. Application to the usage charges for the service under the FOMA service agreement, Xi service agreement, and 5G service agreement (limited to those separately specified by DOCOMO such as domestic calling charges, packet communications charges, charges for use of additional function) (the “d POINT Applicable Mobile Charges”); and
4. Other purposes of use separately set forth by DOCOMO.
If the d POINT Club Member uses the d POINTs, they will be used from the d POINTs for which the number of days until being invalid is shorter; provided, however, that if the number of days is the same, they will be used in the following order of priority:
1. d POINTs (with limitation on term and use); and
2. d POINTs (excluding one set forth in the above (1)).
The d POINT Club Member shall apply to DOCOMO for the use of the d POINTs pursuant to the method designated by DOCOMO.
If the d POINT Club Member is a member of a Point Sharing Group, the d POINT Club Members comprising such Point Sharing Group may apply for the use of the d POINTs without the approval of the representative member; provided, however, that this shall not apply if the representative member has made the Point Usage Blocking Setting.
The d POINT Club Member shall not be able to cancel the applications for the use of the d POINTS that have been made.
The d POINT Club Member acknowledges and agrees that there may be instances where the Reward Item sought by the d POINT Club Member cannot be provided due to DOCOMO’s circumstances (such as inventory conditions). When the Reward Item sought cannot be provided, DOCOMO will request the d POINT Club Member to specify a different Reward Item; however, if there is no Reward Item sought by the d POINT Club Member, the application for the exchange for such Reward Item shall be cancelled, and DOCOMO will return to the d POINT Club Member the d POINTs sought by the d POINT Club Member to be exchanged with such Reward Item by a method specified by DOCOMO.
When DOCOMO confirms that there are no inadequacies in the contents of the application from the d POINT Club Member for the exchange for the Reward Item, DOCOMO will provide the Reward Item by a method specified by DOCOMO, such as by a hand-over at a point of contact specified by DOCOMO such as a Carrier Shop or by delivery, according to the Reward Item.
When DOCOMO delivers the Reward Item to the d POINT Club Member, the delivery will be made to the address notified by the d POINT Club Member as of when DOCOMO confirmed the application for the exchange for the Reward Item or the address specified by the d POINT Club Member as of when the application to exchange for the Reward Item was made.
If DOCOMO delivers the Reward Item to the d POINT Club Member, DOCOMO will make the delivery by a method set forth by DOCOMO such as by registered mail to the address set forth in the preceding clause. In such instance, the Reward Item shall be considered to have been delivered to the d POINT Club Member as of when DOCOMO receives the document verifying the arrival of such mailing that is issued by the post office or courier; provided, however, that if the Reward Item is returned to DOCOMO for reasons such as undeliverable addressee, even though DOCOMO delivered the Reward Item to the delivery address set forth in the preceding clause, the application for the exchange for such Reward Item shall be cancelled, and DOCOMO will return to the member the d POINTs that the d POINT Club Member used for the exchange for such Reward Item.
If the d POINT Club Member is delinquent in the payment of the usage charges for the Point Offering Service and other charges, DOCOMO shall not accept any applications for the use of the d POINTs and other points.
There may be instances where DOCOMO or a d POINT Participating Retailer will provide other benefits, separate from the Reward Item, to the d POINT Club Member as a reward or other show of appreciation for having carried out the exchange for the Reward Item by using the d POINTs. The specific contents, conditions for provision and other details of such benefit will be as set forth on the d POINT Club Site.
The d POINT Club Member may transfer the d POINTS between d POINT Club Members pursuant to the method designated by DOCOMO, and the d POINT Club Member that transfers the d POINTs (the “d POINT Transferor”) and the d POINT Club Member that receives the d POINTs (the “d POINT Transferee”) will be limited to those customers who satisfies any of the below items; provided, however, that if the d POINTs will be transferred by specifying the d POINT Transferee’s d POINT Club Member Number, such d POINT Transferee is required to a d POINT Club Member who satisfies item (2) of this clause. Furthermore, there may be instances where DOCOMO will partially limit or establish certain terms and conditions on the transfer of the d POINTs, and the details thereof shall be set forth in the d POINT Club Site, etc.:
1. Line Subscriber; or
2. A customer who has completed the Identity Verification.
If any of the below items apply, the d POINT Transferor may not transfer the d POINTs:
1. If the d POINT Club Member Number of the d POINT Transferee is the same as the d POINT Club Member Number of the d POINT Transferor;
2. If the d POINT Transferee belongs to the same Point Sharing Group as the d POINT Transferor;
3. If the representative member of the Point Sharing Group to which the d POINT Transferor belongs has made a Point Usage Blocking Setting (unless the representative member is the d POINT Transferor);
4. If the d POINT Transferee has placed a block against receiving the d POINTS.
If the d POINT Transferee has jointed a Point Sharing Group, the representative member of such Point Sharing Group will collectively receive the transfer.
The type and expiration date of the transferred d POINTs shall be taken over without change. In addition, unless the d POINT Transferor has made differing specifications based on the procedures separately set forth by DOCOMO, the transfer will be made from the d POINTs with the shortest number of days until expiration, and if the expiration dates are the same, they shall be transferred in the following order of priority:
1. d POINT (with limitation on term and use); and
2. d POINTs other than in the above.
The d POINT Transferor shall not be able to cancel the application for the transfer of the d POINTs once such application has been made. In addition, the d POINT Transferor shall correctly enter the number of the d POINTs to be transferred, the mobile telephone number of the d POINT Transferee, the d POINT Club Member Number or other information when entering such information for the transfer of the d POINTs. DOCOMO will treat the entered information as true and will not bear responsibility for damages that arise due to typos in the entered contents.
If the d POINTs are transferred, the number of points to be transferred, the mobile telephone number of the d POINT Transferor, or the d POINT Club Member Number, and other information separately provided by DOCOMO will be notified by a notice by email to the email address notified by d POINT Transferee to DOCOMO and a notice to the app specified by DOCOMO.
If the usage amount of the Point Offering Service regarding the points that are awarded prior to the transfer of the d POINTs under this Article, or if the purchase of DOCOMO’s products or use of DOCOMO’s services is cancelled, the d POINT Transferor and the d POINT Transferee acknowledges and agrees that, in addition to the measures set forth in Article 3(6), DOCOMO may take the below measures; provided, however, that items (2) and (3) are limited to when the transfer of the d POINTs is due to fraud and DOCOMO determines that taking the measures set forth in items (2) and (3) against the d Point Transferee is reasonable:
1. Claim an amount equivalent to the Points Subject to Cancellation against the d Point Transferor (the representative member if the d Point Transferor had joined a Point Sharing Group);
2. Collectively deduct the Points Subject to Cancellation from the d POINTs held by the d POINT Transferee (including the representative member if the d Point Transferee had joined a Point Sharing Group; the same applies hereafter in this clause); or
3. If the total number of the d POINTs held by the d POINT Transferee is less than the total number of the Points Subject to Cancellation, claim the amount equivalent to the Points Subject to Cancellation against the d POINT Transferee.

Article 5. Handling of Personal Data of the d POINT Club Member

DOCOMO will separately announce the handling of the personal data of the d POINT Club Member in the “NTT DOCOMO Privacy Policy.”
There may be instances that the d POINT Club Member Information may be stated in the information, proposals, etc. for products, services, campaigns, events, etc. (including information, proposals, etc. concerning products other than the Point Offering Service and products of partner businesses, collectively, the “Information, etc.”), according to the contractual contents or usage status of the Point Offering Service executed by DOCOMO.
Communication fees incurred for receiving internet mail and messaging services and accessing websites, etc. when DOCOMO provides the Information, etc. will, in principle, be borne by the d POINT Club Member.

Article 6. Authentication

When the d POINT Club Member uses the d POINT Club Site, DOCOMO will authenticate the d POINT Club Member by the method set forth below that is specified by DOCOMO. If authentication cannot be made, the d POINT Club Member may not use the d POINT Club Site. Furthermore, the conditions for using the d ACCOUNT will each be according to the provisions of the d ACCOUNT Rules:
1. Authentication of the contract line that is used at the time of access to the d POINT Club Site (if the d POINT Club Member is a Line Subscriber);
2. Authentication by the d ACCOUNT;
3. Authentication by the Cookie issued by DOCOMO when the d POINT Club Member accesses the d POINT Club Site by either authentication methods of items (1) or (2); or
4. Authentication by the device used to configure the setting of the d ACCOUNT under the d ACCOUNT Terms and Conditions.
For the d POINT Club Member to conveniently use the Program, DOCOMO may display the total number of the d POINTs held by the d POINT Club Member and the nickname on the screen of the d POINT Club Site and other relevant sites or the app provided by DOCOMO, without confirming the password or other information, by the authentication pursuant to items (1), (3) or (4) of the preceding clause.
The d POINT Club Member shall manage the contract line, etc. to be used for the authentication set forth in each item of clause 1 with the care of a prudent manager so that it cannot be known by a third party, and shall not disclose to, have used by, or loan, transfer, sell or otherwise the contract line, etc. to a third party.
If the authentication is made by the method set forth in each item of clause 1, DOCOMO shall deem that such authentication is by the d POINT Club Member, even if it is executed by a third party other than the d POINT Club Member, except in instances of willful misconduct or gross negligence by DOCOMO.

Article 7. Withdrawal

For withdrawing from the d POINT Club, the d POINT Club Member shall make a request by the method designated by DOCOMO. In no event may the d POINT Club Member cancel the withdrawal after DOCOMO receives such request to withdraw.

Article 8. Reasons for Loss of Membership Status

When the d POINT Club Member corresponds to any of the following, the membership status shall be lost and each of the d POINTs held by the d POINT Club Member shall be handled pursuant to the provisions set forth below:
1. If the Subject Line Contract between the d POINT Club Member and DOCOMO is cancelled, and the d POINT Club Member does not have a d ACCOUNT after cancellation:
  The d POINTs held by the d POINT Club Member at the time of cancellation shall immediately become invalid. Furthermore, this shall not apply if the d POINT Club Member has a d Account even after cancellation, and membership status will be maintained in and the d POINTs held at the time of cancellation will be succeeded by such d ACCOUNT. In addition, if the d POINT Club Member was a member of a Point Sharing Group, such held d POINTs shall become invalid as of when the Point Offering Service for all of the d POINT Club Members comprising such Point Sharing Group are cancelled. Furthermore, this shall not apply in the event such representative member cancels the line contract without designating the next representative member from the d POINT Club Members other than the representative member, and all the d POINTs will become invalid;
2. If DOCOMO receives a request to withdraw from the d POINT Club Member under the preceding Article:
  The d POINTs held by the d POINT Club Member as of when DOCOMO receives the request to withdraw shall immediately become invalid. In addition, if the d POINT Club Member was a member of a Point Sharing Group, such held d POINTs shall become invalid as of when applications to withdraw from the Program are received from all of the d POINT Club Members comprising such Point Sharing Group. Furthermore, this shall not apply in the event DOCOMO receives an application to withdraw without such representative member designating the next representative member from the d POINT Club Members other than the representative member, and all the d POINTs will become invalid;
3. When the d POINT Club Member is discovered to be a corporation:
  According to the handling provided in the preceding item;
4. If any item in Article 10(1) applies or if DOCOMO otherwise determines that the d POINT Club Member is unqualified to be a d POINT Club Member, such as by breaching the Rules, etc.:
  According to the handling provided in item (1); and
5. If a reason for inheritance arises as to the d POINT Club Member:
  According to the handling provided in item (1).
When the d POINT Club Member correspond to any of the following, the d POINTs held by the d POINT Club Member and the membership status shall be handled pursuant to the provisions of each of the below:
1. If the d POINT Club Member changes the name in the Subject Line Contract:
  The d POINTs held at the time of the name change by the d POINT Club Member transferring its status in the Subject Line Contract will continue to be held by the d POINT Club Member transferring its status in such Subject Line Contract, and the membership status will also continue to be held by the d POINT Club Member transferring its status in the Subject Line Contract; provided, however, that the d POINTs and the membership status shall be succeeded by the d POINT Club Member who is being transferred the status in the Subject Line Contract by the name change, only in the event the user of the device of the subject line is the same as the d POINT Club Member who is transferred the status in such Subject Line Contract (only in the event the status in such Subject Line Contract is transferred within a family).
2. If the d POINT Club Member’s status in the Subject Line Contract is succeeded by another party:
  The d POINTs and the membership status held at the time of succession by the d POINT Club Member who will have its status in the Subject Line Contract be succeeded shall not be succeeded by the d POINT Club Member who succeeded the status in such Subject Line Contract.
If the d POINT Club Member cancels the Subject Line Contract, as long as the d POINT Club Member does not correspond to Article 7 or a reason for losing membership status of the preceding two clauses, such d POINT Club Member shall continue to have the membership status, and these Rules shall continue to apply.

Article 9. Scope of DOCOMO’s Responsibility

DOCOMO shall not bear responsibility for damages incurred by the d POINT Club Member in the below instances, unless the d POINT Club Member incurs damages due to the willful misconduct or gross negligence by DOCOMO:
1. If the d POINT Club Member incurs damages in regards to the Club Benefits provided by a third party such as a d POINT Participating Retailer;
2. If the benefits desired by the d POINT Club Member cannot be provided due to the contents of the Club Benefits being added, removed, changed or temporarily suspended due to the convenience of DOCOMO or the d POINT Participating Retailer; or
3. If the d POINT Club Member incurs damages due to a change, termination of use, suspension or abolishment of the Program.

Article 10. Termination of Use, etc.

If the d POINT Club Member corresponds to any of the following, DOCOMO may terminate the d POINT Club Member’s use of all or a part of the Program, without the membership status being lost, at DOCOMO’s option:
1. If there is a falsity in the contents of the d POINT Club Member’s application;
2. If there is an unfair act, such as pretending to be a third party, in the use of the Program;
3. If there is an act of nuisance, such as accessing, analyzing or causing an excessive burden on DOCOMO’s facilities without authority, in the use of the Program;
4. If there is a failure to pay the fees for the Point Offering Service;
5. If DOCOMO determines that the d POINTs were unfairly acquired, or there was an attempt thereof, or were unfairly used;
6. If there was an interference of the operation of the d POINT Club;
7. If DOCOMO determines that the Identity Verification is by fraud;
8. If there was a breach of any of the Rules, etc.; or
9. DOCOMO otherwise determines that the d POINT Club Member is unsuitable as a d POINT Club Member.
If the d POINT Club Member corresponds to item (5) of the preceding clause, notwithstanding whether or not measures to terminate the use of the Program set forth in the preceding clause have been implemented, DOCOMO may invalidate all or some of the d POINTs held by such d POINT Club Member, or cancel the award of all or some of the d POINTs that such d POINT Club Member is expected to acquire. In such instance, if the d POINTs that such d POINT Club Member has acquired have been awarded or are expected to be awarded to the representative member under Article 3(4), all or a part of the portion of the d POINTs held by the representative member that have been acquired by such d POINT Club Member may be invalidated, or all or a part of the portion of the d POINTs that are expected to be awarded to the representative member that were attempted to be acquired by such d POINT Club Member may be cancelled.
If any of the following applies, DOCOMO may suspend or terminate the provision of all or a part of the Program without notifying or making known to the d POINT Club Member in advance:
1. If it is inevitable due to the maintenance or construction of the equipment, facilities or systems for the Program;
2. If the Program is no longer operable due to accidents such as fires and power outages, natural disasters such as earthquakes and floods, wars, riots and labor disputes;
3. If the Program is no longer operable due to damages or otherwise of the system for the Program;
4. If it is for the prevention of or to give assistance for a disaster, for the securement of the supply of transportation, communications or electricity, for communications necessary to maintain order, or for other instances where an emergency is required for the public interest; or
5. If DOCOMO otherwise determines that the suspension or termination is operationally or technically required for the provision of the Program.
DOCOMO may abolish the provision of all or a part of the Program by notifying or making known to the d POINT Club Member in advance by a method DOCOMO determines to be appropriate.

Article 11. Exclusion of Anti-Social Forces

The d POINT Club Member shall represent that none of the below applies, and shall represent and warrant that they will not apply in the future:
1. It is not an organized crime group, an organized crime group member, a person for whom five years have not passed since ceasing to be an organized crime group member, an associate member of an organized crime group, an organized crime group-related business, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specializing in intellectual crimes, or a person similar thereto (collectively, “Anti-Social Forces“);
2. It has a relationship that is recognized to be one in which Anti-Social Forces are being used, such as engaging in transactions with the purpose of pursuing illicit gains for itself or a third party or with the purpose of causing harm to a third party; and
3. It has a relationship that can be recognized to be one in which it is involved with Anti-Social Forces, such as providing funds, etc. or granting benefits thereto.
The d POINT Club Member shall warrant that it will not, nor will it use a third party to, engage in any one of the following acts:
1. Making a violent demand;
2. Making an unreasonable demand that exceeds legal responsibility;
3. Engaging in threatening behavior or using violence regarding a transaction;
4. Damaging DOCOMO’s credibility, or interfering with DOCOMO’s business, by circulating rumors, using fraud or by using force; and
5. Other acts similar to the above.

Article 12. Changes to Rules

If any of the below applies, DOCOMO deems necessary, DOCOMO may change the contents of these Rules by publicizing or notifying the d POINT Club Member by a method DOCOMO determines to be appropriate, and such changes will apply from the date of change:
1. When the changes to these Rules conform to the general interests of the d POINT Club Member; or
2. When the changes to these Rules do not contradict the purpose of the Contract and are reasonable in light of the necessity, reasonableness of the changed contents, the contents of the changes and other circumstances regarding the changes.
Notwithstanding the provisions of the preceding clause, when DOCOMO determines it to be necessary, DOCOMO shall be able to change the contents of the d POINT Club Site, etc., the contents of the Club Benefits and the d POINT Participating Retailers, by publicizing to or notifying the d POINT Club Member by a method DOCOMO determines to be appropriate, and such changes will apply from the date of change.

Article 13. Compensation of Damages

If DOCOMO is liable for compensating damages to the d POINT Club Member regarding the Program, the damages that DOCOMO will compensate are limited to ordinary and direct damages, and the maximum amount thereof shall be limited to the amount of the least expensive monthly standard charge for the Subject Line Contract, and DOCOMO shall not be liable for indirect damages, special damages, incidental damages, derivative damages, lost profits and lost opportunities.
The provisions of the preceding clause do not apply in any circumstances due to DOCOMO’s intent or gross negligence.

Article 14. No Assignment

Unless otherwise provided by DOCOMO, the d POINT Club Member shall not transfer to, have succeeded by, loan to or provide as collateral to a third party all or a part of its status in the Contract, the rights it has against DOCOMO under the Contract or the obligations it bears to DOCOMO.

Article 15. Contact for Inquiries

Questions and inquiries regarding the contents of the Program and otherwise may be made to the contact information for DOCOMO provided on the d POINT Club Site.

Article 16. Governing Law and Jurisdiction

The laws of Japan shall apply to the force, performance and interpretation of these Rules.
If a need for litigation in connection with these Rules arises between the d POINT Club Member and DOCOMO, the Tokyo District Court or the district court for the address of such d POINT Club Member will have exclusive jurisdiction in the first instance.

END

Supplementary Provisions (October 5, 2015)

These amended Rules will come into effect from December 1, 2015.
The d POINT CLUB Member shall be able to use the d POINTs and the d POINTs (with limitation on term and use), as well as the following points, pursuant to these Rules. Furthermore, the effective term of the following points will be until the day when three (3) years and two (2) months pass from the last day of the fiscal year (April 1 to March 31 of the following year) in which such points were awarded:
1. Premium club reward points
  Points that were awarded by DOCOMO to the d POINT Club Member, pursuant to these Rules prior to their amendment prior to March 31, 2015 (the “docomo Premium Club Membership Rules“). DOCOMO will convert the premium club reward points held by the d POINT Club Member to d POINTs after November 25, 2015. The premium club reward points that will be converted will be points that were granted to the d POINT Club Member from April 1, 2015 until immediately prior to such Time of Conversion; provided, however, that the points that were automatically converted to d POINTs may be used as premium club reward points until November 30, 2015.
2. docomo points (for those who do not have a docomo line)
  Points that were awarded by DOCOMO to the d POINT Club Member pursuant to the docomo point rules (for those who do not have a docomo line) prior to March 31, 2015. DOCOMO will convert the docomo points (for those who do not have a docomo line) held by the d POINT Club Member to d POINTs after November 25, 2015. The docomo points (for those who do not have a docomo line) that will be converted will be points that were granted to the d POINT Club Member from April 1, 2015 until immediately prior to such Time of Conversion; provided, however, that the points that were automatically converted to d POINTs may be used as docomo points (for those who do not have a docomo line) until November 30, 2015.
Notwithstanding the provisions of the preceding clause, the premium club reward points and the docomo points (for those who do not have a docomo line) (collectively, the “Old Points“) may be used solely for the purposes of use set forth in items (1) and (2) of Article 4(1) of these Rules.
If the d POINT Club Member holding the Old Points uses the d POINTs, they shall be used in the following order of priority:
1. d POINTs (with limitation on term and use)
2. premium club reward points and docomo points (for those who do not have a docomo line)
3. d POINTs
Notwithstanding the provisions of Article 8(1), with respect to the handling of the Old Points in the event the d POINT Club Member who is a Line Subscriber and has the Old Points continues the Subject Line Contract even after losing membership status, they may only be used as provided in Article 4(1)(1); provided, however, that some of the DOCOMO products or services that can be used will be limited, and the detailed will be separately decided by DOCOMO. If such d POINT Club Member joins the “Business Premium Club“ separately set forth by DOCOMO after leaving the Club, the Old Points that were held prior to leaving may be succeeded.
If the usage amount regarding the Point Offering Service that will be subject to the awarding of the Old Points is reduced, DOCOMO will cancel the Old Points awarded to the d POINT Club Member that is equivalent to the awarded portion according to such reduced usage amount. Furthermore, the method thereof shall be in conformance with Article 3(6).
The handling of the Old Points other than as set forth in these Supplementary Provisions shall be in conformance with provisions regarding the d POINTs of these Rules.

Supplementary Provisions (May 9, 2017)

These amended Rules will come into effect from May 9, 2017.
Notwithstanding the provisions of the Supplementary Provisions dated October 5, 2015, the Old Points held by the d POINT Club Member will be transferred to d POINTs pursuant to a process conducted on May 10, 2017. The Old Points subject to transfer will be the Old Points held by the d POINT Club Member as of when the process for the transfer is executed by DOCOMO (the “Time of Conversion“).
In the event a transaction made prior to the Time of Transfer, in which the d POINT Club Member used the Old Points is canceled or otherwise, and such Old Points is to be returned to the d POINT Club Member, if the return date is after the Time of Transfer, such Old Points shall not be converted to d POINTs. Furthermore, the handling of the Old Points that could not be converted at the Time of Transfer shall be as follows:
1. Old Points acquired by the d POINT Club Member in fiscal year 2013: they will become invalid as of the end of May 2017.
2. Old Points acquired by the d POINT Club Member in fiscal year 2014: they will be converted to d POINTs at a time separately specified by DOCOMO.

Supplementary Provisions (May 1, 2018)

These amended Rules will come into effect from May 1, 2018.
The Old Points acquired by the d POINT Club Member in fiscal year 2014 have been converted to d POINTs on September 14, 2017.
The d POINT Club Members who is using the service where a lump-sum payment for charges is made in a Subject Line Contract on behalf of several Subject Line Contracts (the “Single Invoice Service“; the several Subject Line Contracts that are subject to the Single Invoice Service, collectively, as the “Single Invoice Group“) will be automatically converted to the Point Sharing Group where the Line Subscriber of the representative line contract is made the representative member, and the d POINTs that were held in such Single Invoice Group will be automatically converted the d POINTs of the Point Sharing Group; provided, however, that this shall not apply if the Line Subscriber of the representative line contract of the Single Invoice Group is not a d POINT Club Member. The handling of the d POINTs held by the Single Invoice Group in such instance shall be as set forth below:
1. If there is one (1) Line Subscriber for a line contract other than the Line Subscriber for the representative line contract of the Single Invoice Group (the “Sub-Line“): they will be automatically converted to the d POINT Club Member who is such Line Subscriber.
2. If there are several Line Subscribers for the Sub-Line of the Single Invoice Group: they will be automatically converted to the d POINT Club Member who is the Line Subscriber for the representative line contract, as of when the Line Subscriber of such representative line contract of the Single Invoice Group joins the Club (however, the d POINTs that will be automatically converted in such instance will be limited to those that are within the expiration date).
If a Sub-Line has been added or abolished from the Single Invoice Group, or procedures for the Point Usage Blocking Setting have been taken, during the period from April 25, 2018 to April 30, 2018, the contents of such procedures will not be reflected in the Point Sharing Group that will be automatically converted from the Single Invoice Group on May 1, 2018.

Supplementary Provisions (September 5, 2019)

These amended Rules will come into effect from September 5, 2019.
Amended Article 3(4) will apply the d POINTs held by the d POINT Club Member as of September 5, 2019, and the d POINTs acquired by the d POINT Club Members from the date.

Supplementary Provisions (May 19, 2021)

These amended Rules will come into effect from May 19, 2021.

d POINT Club Special Terms and Conditions

NTT DOCOMO, INC. (“DOCOMO”) will provide the Service (as defined in Article 1(1)(4)), pursuant to this d POINT Club Special Terms and Conditions (these “Special Terms”).

Article 1. Definition of Terms

In these Special Terms, the definitions of the following terms shall be as set forth below. Furthermore, the definitions of terms not set forth in these Special Terms shall be pursuant to the provisions of the “d POINT Club Membership Rules”:
1. “d POINT Club Member” means the person who enrolls in the d POINT Club upon consenting to the “d POINT Club Membership Rules.”
2. “Special Member” means a d POINT Club Member who consents to these Special Terms pursuant to the procedures set forth in Article 2 and is approved by DOCOMO.
3. “Common Points” means the d POINTs that can be used for payments at a d POINT Member Store under the provisions of Article 11 of these Special Terms.
4. “Service” means the services and benefits regarding the Common Points, etc. set forth in Article 9 that are provided to the Special Member,
5. “d POINT Member Store” means a store or website, or a person operating such store or website, where the Special Member can receive the provision of the Service under the d POINT Member Store Agreement with DOCOMO. At a d POINT Member Store, the Special Member can earn and/or use for the settlement of payments the Common Points on certain conditions.
6. “d POINT CARD” means the card issued to the Special Member by DOCOMO or a third party approved by DOCOMO to issue the card. A d POINT CARD is required to receive the provision of the Service at a d POINT Member Store.
7. “d POINT CARD Number” means the unique number allotted by card by DOCOMO or a third party that issued the d POINT CARD in order to identify such d POINT CARD.
8. “Security Code” means the number indicated on the face of the d POINT CARD that will be necessary for the d POINT User Information Registration (defined in item (17)).
9. “d CARD” means the credit card issued under the “d CARD Terms of Use (Member Terms of Use)” separately set forth by DOCOMO. The d CARD functions as the d POINT CARD, and, unless specifically expressed in these Special Terms, the definition of “d POINT CARD” includes d CARD.
10. “d CARD Member” means the “Member” and the “Family Member” as set forth in the “d CARD Terms of Use (Member Terms of Use).”
11. “MOBILE d POINT CARD” means collectively the application or the contactless IC chip that has the function of the d POINT CARD.
12. “d POINT CARDs” means collectively the d POINT CARD and the MOBILE d POINT CARD.
13. “d POINT Club Site” means the official website of the d POINT Club Site where various procedures for the d POINT Club can be made, such as the confirmation of information regarding the d POINT Club and the registration of the User Information.
14. “d ACCOUNT” means the d ACCOUNT ID and password issued under the “d ACCOUNT Terms and Conditions” separately set forth by DOCOMO.
15. “User” means a person specified by the Special Member as a person who will use the d POINT CARDs.
16. “User Information” means the information regarding a User.
17. “d POINT User Information Registration” means the registration of the User Information made at the d POINT Club Site.
18. “Subject Transaction” means the purchase of products, use of services and other transactions made by the Special Member or the User at the d POINT Member Store that are subject to the awarding of the Common Points.
19. “Device” means the smartphone, tablet and other mobile telecommunication devices used by the Special Member.

Article 2. Acquisition of Special Membership Status

The d POINT Club Member gains a Special Member status if (i) the d POINT Club Member acquires the d POINT CARDs by the method specified by DOCOMO or a third party approved by DOCOMO to issue the d POINT CARD, (ii) expresses its intent to DOCOMO that it wishes to become a Special Member by conducting the d POINT User Information Registration on the d POINT Club Site, as well as by consenting to these Special Terms, and (iii) DOCOMO gives its approval. If the d POINT Club Member who wishes to become a Special Member is under 16 years old, the consent of a person with parental authority will be required. The Service is not available to children under the age of 13. Furthermore, the consent to these Special Terms and the consent concerning the handling of information regarding the d POINT Club Member or the User, as separate from these Special Terms, made pursuant to the provisions of this Article will be treated as if the consents from both the d POINT Club Member and the User have been made.
The registration of the User Information set forth in the preceding clause shall be performed by the User of the d POINT CARDs after verification of the d POINT Club Member on the d POINT Club Site. If the User is under 16 years old, the registration of the User Information is required after obtaining the consent of a person with parental authority.
If the d POINT CARD that will be registered by the Special Member is a d CARD, the d CARD Member will be registered as the User. In such instance, the content that was provided to DOCOMO when the d CARD Member applied for the d CARD will be registered as the User Information.

Article 3. Registration Method, Limit of Number of Cards

The Special Member or a person who wishes to be a Special Member will need to register for the d POINT CARD Number from the d POINT Club Site.
The number of the d POINT CARDs that can be applied for at the same time for one (1) line number or one (1) d ACCOUNT held by the Special Member shall be as separately set forth by DOCOMO. Furthermore, the Special Member can only register one (1) User regardless of the number of d POINT CARDs that the Special Member registered.

Article 4. Ownership of Cards

Ownership of the d POINT CARD shall be held by DOCOMO or a third party approved by DOCOMO to issue the d POINT CARD.

Article 5. Use of d POINT CARD

For the Special Member or the User to be awarded the Common Points or to use the Common Points, the Special Member or the User shall enter the d POINT CARD, d POINT CARD Number, the d ACCOUNT or other information required by DOCOMO (or the d POINT Member Store as the case may be) at a d POINT Member Store. The Special Member or the User may also be required to act as separately set forth by DOCOMO (or the d POINT Member Store as the case may be) at the d POINT Member Store for that purpose.
The signature of the User is required on the back of the card when using the d POINT CARD.

Article 6. Management of d POINT CARD

The Special Member and the User shall manage the d POINT CARDs with the care of a prudent manager, and shall bear responsibility for their management and use.
The Special Member and the User shall manage the d POINT CARD Number and the Security Code with the care of a prudent manager so that they will not be known by a third party, and shall bear responsibility for their management and use.
DOCOMO and the d POINT Member Stores may deem all transactions are made by the Special Member or the User if the presentations or acts in clause 1 of the preceding Article are made, except in cases due to the willful misconduct or negligence of DOCOMO. Even if losses or damages are incurred by the Special Member or the User due to the insufficient management of the d POINT CARD Number, errors in their use, or unauthorized access or other acts by third parties, DOCOMO and the d POINT Member Stores will not bear any responsibility.

Article 7. Invalidation of d POINT CARDs

If the Special Member corresponds to any of the following, the d POINT CARDs will be invalidated:
1. If the Special Member withdraws from the d POINT Club or otherwise loses the status of a d POINT Club Member;
2. If the Special Member withdraws consent to these Special Terms or otherwise loses the status of a Special member; or
3. Besides the preceding items, if DOCOMO determines that invalidating the d POINT CARDs is appropriate and necessary.
The invalidated d POINT CARDs shall be returned to DOCOMO or the third party approved by DOCOMO to issue the d POINT CARD, or shall be destroyed by the Special Member by a method specified by DOCOMO or the third party approved by DOCOMO to issue the d POINT CARDs. If the d POINT CARD is a d CARD, the handling of the d CARD will be according to the provisions of the “d CARD Terms of Use (Member Terms of Use).”

Article 8. Points Rewarded prior to Consent to Special Terms

DOCOMO or a third party approved by DOCOMO may issue the d POINT CARDs prior to the completion of the User Information registration. Those who obtain the d POINT CARDs prior to the completion of the User Information registration may receive awards of the Common Points in conformance with the d POINT Club Membership Rules and these Special Terms by presenting or providing the d POINT CARDs to the d POINT Member Store, but cannot use the Common Points.

Article 9. Services and Benefits Provided

DOCOMO will provide the following services and benefits, in addition to the services and benefits that DOCOMO will provide under the d POINT Club Membership Rules, to the Special Member. DOCOMO and the d POINT Member Stores shall be able to change the content of such services and benefits, and make additions of, remove, change or temporarily suspend such services and benefits, without notifying the Special Member. Furthermore, the specific content of such services and benefits will be as separately set forth by DOCOMO on the d POINT Club Site, etc.:
1. Awards of the Common Points set forth in Article 10;
2. Use of the Common Points set forth in Article 11; and
3. Sending recommendation information and delivery of direct mailings to the Special Member from DOCOMO and the d POINT Member Stores.

Article 10. Point Awards

When making the Subject Transaction at a d POINT Member Store, if the Special Member or the User presents the d POINT CARDs to the d POINT Member Store by the end of the settlement of the Subject Transaction, or if the Special Member or the User enters the necessary information such as the d ACCOUNT separately set forth by DOCOMO and the d POINT Member Store, or if the User carries out an act separately set forth by DOCOMO or the d POINT Member Store, the Common Points will be awarded to such Special Member (if the User makes such presentation, entry or act, to the Special Member who registered such User as the User of the d POINT CARD).
The types of the Subject Transactions and the award rates for the Common Points shall be set forth by DOCOMO or the d POINT Member Stores on the d POINT Club Site, etc.
The Common Points will, in principle, be awarded when the Subject Transaction is made; provided, however, that there may be some differences due to the classifications of the d POINT Member Store and the Subject Transactions.
Notwithstanding the preceding three clauses, a d POINT Member Store may award the Common Points to the Special Member by a method separately set forth by the d POINT Member Store.
The d POINT awarded by DOCOMO to the Special Member pursuant to the provisions of Article 3 of the d POINT Club Membership Rules will be the Common Points.
The Common Points awarded pursuant to clause 1 or clause 4 may be “d POINTs (with limitation on term and use)” as set forth in Article 3(3) of the d POINT Club Membership Rules.

Article 11. Point Usage

The Special Member or the User may use the Common Points held by such Special Member (if the User makes such presentation, entry or act, the Special Member who registered such User as a User) for the following uses provided that the Special Member or the User needs to (i) present the d POINT CARDs to the d POINT Member Store, (ii) enter the necessary information set forth by DOCOMO and the d POINT Member Store such as the d ACCOUNT, or (iii) carry out an act separately set forth by DOCOMO or the d POINT Member Store:
1. Payment of all or a part of the price for settlement at the d POINT Member Store (including payment for goods, delivery, handling charges and consumption tax; the same applies hereafter), with the amount converted by the conversion ratio set forth by DOCOMO; and
2. Other uses set forth by DOCOMO or the d POINT Member Store.
Please note that the d POINTs (with limitation on term and use) may have additional limitations on its usage.
The usage unit of the Common Points according to the preceding clause shall be separately set forth by each d POINT Member Store on the d POINT Club Site, etc.
Every time the Special Member or the User uses the Common Points at a d POINT Member Store pursuant to clause 1, DOCOMO will give a notification of the number of points used and the date used to the Device or to the email address that is registered for using the d ACCOUNT by the Special Member. Furthermore, there may be instances where notifications cannot be properly given, such as if an email address has been changed but a notice of change to the d POINT Club Member information has not been made, or if there are no means to give notification to the Special Member.
The Special Member can set the upper limit of the Common Points usable in accordance with Article 11(1) by using the d POINT CARD, of which the d POINT Card Number has been registered under Article 3(1), on the d POINT Club Site

Article 12. Confirmation of Points

The Special Member may confirm the awarding and usage history of the Common Points, the balance of the available Common Points and other information on the d POINT Club Site.

Article 13. Cancellation or Change of Points

After the d POINT Member Store awards the Common Points, if the Special Member or the User makes a return, cancellation or change as to such Subject Transaction or other transaction regarding such award, or if points are awarded by a system error, unauthorized access or other abnormal means, the Common Points that were awarded may be cancelled or changed by the determination of DOCOMO or the d POINT Member Store that made such Subject Transaction or other transaction. In such instance, the Special Member shall comply with the instructions of DOCOMO or the d POINT Member Store that made such Subject Transaction or other transaction with respect to the handling of the awarded points.
In the event the award of the Common Points is cancelled pursuant to the provisions of the preceding clause, if the total number of the Common Points held by the Special Member does not meet the number of the Common Points subject to the cancellation, such insufficient part may be adjusted by cash or a payment method specified by DOCOMO (for example, a deduction by the d POINT Member Store of such insufficient part from the payment amount to be refunded to the User due to a cancellation of the purchase of a product or use of a service, or by payment in cash for such insufficient part to the d POINT Member Store). Furthermore, if the award of the Common Points is cancelled pursuant to clause 1 after the transfer of the d POINTs under the d POINT Club Membership Rules, the provisions of this clause and Article 4(18) of the d POINT Club Membership Rules will apply to the person receiving the transfer of such Common Points.
If the Subject Transaction where the Special Member or the User used d POINTs is cancelled, the portion of the transaction amount of such transaction that was paid in cash will be returned in cash and the portion for which points were used will be returned in points, according to the determination of DOCOMO or the d POINT Member Store that made such transaction.
If the transaction amount of the Subject Transaction in which the Special Member or the User used d POINTs is reduced after the transaction, a cash refund or otherwise regarding the portion equivalent to the reduced amount will be made from the portion that was paid in cash or by other means, and if there is still a deficiency in the amount to be returned, points will be returned for such deficient amount.

Article 14. Changes to Registered Information

If changes to the content of the registered User Information arise, the Special Member or the User should promptly take procedures to make changes at the d POINT Club Site. If a d CARD is registered as a d POINT CARD, the registered contents for the name, address, date of birth, gender and telephone number can be changed by changing the contents of the contract for the d CARD. In addition, if the membership status of the d POINT Club Member will be succeeded under the d POINT Club Membership Rules, the registered User Information will be succeeded.
DOCOMO and the d POINT Member Stores will not bear any responsibility for damages due to changes to the registered User Information not being made despite changes thereto arising.

Article 15. Theft or Loss of d POINT CARD

If the d POINT CARDs (including smartphones, tablets and other devices on which the MOBILE d POINT CARD is loaded; the same applies in this Article) is lost or stolen, the Special Member or the User shall promptly contact the “d POINT Customer Center.”
If the d POINT CARDs is lost or stolen, the Special Member or the User can process stop the function of the d POINT CARDs by making a request to the “d POINT Customer Center.” In such instance, the function of the other d POINT CARDs registered with the same d POINT CARD Number will be process stopped.
If the d POINT CARDs are used prior to the request for the process stop set forth in the preceding clause, the Special Member shall bear the expense and responsibility as if the transaction were made by the Special Member.
The d POINT CARDs will not be reissued even if the lost or stolen d POINT CARDs are not found. A d POINT CARDs will need to be obtained from DOCOMO or a d POINT Member Store, register the User Information at the d POINT Club Site, as well as remove the registration of the lost or stolen d POINT CARDs.
If the lost or stolen d POINT CARDs are found, the d POINT CARDs may be used again by conducting the process for the resumption of the functions with the “d POINT Customer Center.”
Notwithstanding the provisions of clauses 1 to 5, if the d POINT CARDs that is lost or stolen is a d CARD, the handling of the d POINT CARD will be according to the provisions of the “d CARD Terms of Use (Member Terms of Use).” Furthermore, even if the procedures regarding the loss or theft of the d CARD under the “d CARD Terms of Use (Member Terms of Use)” are completed, the procedures regarding the loss or theft of the d POINT CARD set forth in clauses 1 to 5 will be separately required to stop the use of the functions of the d POINT CARD.
Notwithstanding the provisions of clauses 1 to 5, in the event the lost or stolen d POINT CARD has been issued by a third party approved by DOCOMO and if there are specific provisions regarding the procedures in case of loss or theft by such third party, the Special Member or the User shall comply with the procedures set forth by such third party. Furthermore, even if the procedures set forth by such third party are completed, the procedures regarding the loss or theft of the d POINT CARD set forth in clauses 1 to 5 will be separately required to stop the use of the functions of the d POINT CARD.

Article 16. Withdrawal of Consent to Special Terms

The Special Member may withdraw consent to these Special Terms from the d POINT Club Site. In such instance, the Special Member will lose its status and will no longer be able to use the Service as of when consent is withdrawn.
If the entire registration of the d POINT CARD Number is deleted, the Special Member shall be deemed to have withdrawn consent to these Special Terms.

Article 17. Suspension of Service

When DOCOMO and the d POINT Member Stores determine that any of the following applies, they may suspend the provision of all or a part of the Service:
1. When the Service can no longer be provided due to force majeure such as a natural disaster;
2. When the point program is suspended or terminated under Article 10 of the d POINT Club Membership Rules;
3. When it is necessary to perform maintenance, construction or otherwise of equipment or facilities regarding the Service;
4. When the equipment or facilities used in the Service are broken, damaged or otherwise;
5. When it is necessary to prevent disaster, to secure the supply of relief, transportation, communications or electricity, or for communications or other public utility that is necessary for the maintenance of order; or
6. When the suspension of the provision of all or a part of the Service is operationally or technically required by DOCOMO.
Other than as set forth in the preceding clause, DOCOMO and the d POINT Member Store shall be able to restrict or take other measures regarding the use of the Service, to the extent necessary for the operation of the Service.
If DOCOMO is planning the suspension of the provision of all or a part of the Service under clause 1 or a restriction or other measure regarding the use set forth in the preceding clause, DOCOMO will notify the Special Member of it by posting it on the d POINT Club Site; provided, however, that such notification may not be made in emergencies or unavoidable situations.
DOCOMO and the d POINT Member Stores will not bear responsibility even if the Special Member or the User incurs damages due to the suspension or restriction of use in accordance with this Article.

Article 18. Termination of Function, Cancellation of Status

If the Special Member or the User corresponds to any of the following, DOCOMO and the d POINT Member Stores may terminate the functions of the d POINT CARDs:
1. If there is a false statement in any of the matters of the contents of the User Information registration;
2. If the designated change procedures cannot be made despite there being changes in any of the matters of the contents of the User Information registration, and interference in the operation of the services arises;
3. If DOCOMO determines that the identity verification is due to fraud;
4. If the d POINT CARDs are transferred or loaned to a third party (excluding if the membership status of the d POINT Club Member will be succeeded under the d POINT Club Membership Rules, and if the d POINT CARD is loaned from the Special Member to the User), or a pledge is established thereon;
5. If there is an unauthorized use of the Service, or if there are reasonable grounds to infer that there was unauthorized or abusive use thereof;
6. If there is any behavior or act that is determined to be an interference of the business of DOCOMO and the d POINT Member Stores, or there is any behavior or act that is determined as damaging the brand image of a d POINT Member Store;
7. If there is a request for the stop of use of the d POINT CARDs or an application to leave the club from the guardian of the Special Member who is a minor;
8. If any of the terms of use of the service-providing company that has been consented to when using the Service, such as the d POINT Club Membership Rules, these Special Terms and the terms of use of the d POINT Member Store, are breached; or
9. If there are other inappropriate acts as a member, or if DOCOMO determines to be inappropriate as the Special Member.
If the functions of the d POINT CARDs are terminated due to the preceding clause, the Special Member will not be able to use the functions of such d POINT CARDs at DOCOMO or the d POINT Member Store, unless DOCOMO determines that the reason that was the cause of the termination of the function is resolved and approves the use of such d POINT CARDs.
If the cause of the termination of the functions of the d POINT CARDs set forth in clause 1 to which Special Member corresponds is not resolved within the period set forth by DOCOMO, or if DOCOMO determines that there is no prospect of the cause being resolved, or DOCOMO otherwise determines that there will be a significant interference to the operation of the Service of DOCOMO or the d POINT Member Store due to the Special Member corresponding to the cause, DOCOMO may cancel the status of the Special Member.
If the person whose status of a Special Member is cancelled by DOCOMO due to the preceding clause wishes to become a Special Member again, DOCOMO may not give approval therefor.
If the Special Member withdraws from the d POINT Club or otherwise loses membership status, the provision of the Service will be terminated as of when membership status is lost.
Even if DOCOMO terminates the functions of the d POINT CARDs for the Special Member or cancels the status of the Special Member, pursuant to the provisions of clause 1 or clause 3, the d POINTs held by the Special Member will not lose validity and may be used under the d POINT Club Membership Rules, so long as the membership status under the d POINT Club Membership Rules is not lost.

Article 19. Change of Special Terms and Conditions

If any of the below items apply, DOCOMO shall be able to change the contents of these Special Terms by publicizing to or notifying the Special Member by a method DOCOMO determines to be appropriate, and such changes shall be applied from the date of change:
1. When the changes to these Special Terms conform to the general interests of the Special Member; and
2. When the changes to these Special Terms do not contradict the purposes of the contracts under these Special Terms and are reasonable in light of the necessity, reasonableness of the changed contents, the contents of the changes and other circumstances regarding the changes.

Article 20. End of Service

The Special Member acknowledges and agrees that DOCOMO may terminate all or a part of the Service without prior notice.
Even if the Special Member or the Member is disadvantaged or incurs damages due to a change or termination of the Service set forth in the preceding Article or the preceding clause, DOCOMO will not bear any responsibility therefor.

Article 21. Use of Personal Data of Special Member, etc.

DOCOMO will separately publicize on the handling of personal data of the Special Member, etc. in the “NTT DOCOMO Privacy Policy.”

Article 22. Opt-Out for Sending Information

If the Special Member opts out the notice and provision of information, the following information will also be stopped:
1. Notification of information regarding point balances and point stages; and
2. Notification of information concerning coupons, campaigns and other information.

Article 23. Subcontract

DOCOMO and the d POINT Member Stores may subcontract a part of the services to another company in order to perform the provision of the Service and other contents set forth in these Special Terms.

Article 24. Responsibilities, Exemptions

DOCOMO and the d POINT Member Stores shall not bear responsibility for complaints that the Special Member and the User have and for the damages incurred by the Special Member and the User in relation to the Service, except in instances of DOCOMO’s and the d POINT Member Stores’ intent or negligence.
DOCOMO and the d POINT Member Stores shall not bear responsibility as to the completeness, accuracy, certainty and validity of the information that the Special Member and the User acquires through the Service.
The Special Member shall resolve troubles that arise with the User regarding the use of the Service at their responsibility, and DOCOMO will not intervene in the troubles and shall not bear responsibility as to damages or other losses incurred by the Special Member and the User.

Article 25. Individual Special Terms and Conditions

There may be individual special terms and conditions for the Special Members to have a certain additional status, under the collaborative agreements between DOCOMO and specific d POINT Member Stores and other third parties. For the d POINT Club Member to gain the status, the d POINT Club Member needs to comply with the provisions of such individual special terms and conditions, in addition to the provisions of these Special Terms. The contents of the individual special terms and conditions can be confirmed on the d POINT Club Site or the website of the collaborating business.

END

MOBILE d POINT CARD Special Terms and Conditions

NTT DOCOMO, INC. (“DOCOMO”) will provide the “MOBILE d POINT CARD” (the “Software”), pursuant to this MOBILE d POINT CARD Special Terms and Conditions (these “Special Terms”).

Article 1. Application

These Special Terms will apply to any relationship between you and DOCOMO regarding the use of the Software. You cannot use the Software without your consent to these Special Terms. By continuing to use the Software, you consent to these Special Terms.
The Software will be provided on the smartphone app provided by the d POINT Member Store (the “Member Store App”). For using the Member Store App, you shall comply with the terms of use for the Member Store App and other rules set forth by the d POINT Member Store (the “Member Store App Terms”) in addition to the Special Terms.
If you are under 16 years old, the consent of a person with parental authority will be required. The Software is not available to children under the age of 13.

Article 2. Definition of Terms

In these Special Terms, the following terms have the corresponding meanings set out below. Unless otherwise provided , the definitions set forth in the “d POINT Club Membership Rules” and the “d POINT Club Special Terms and Conditions” will also apply to these Special Terms:
1. “Member” means a person who enrolls in the d POINT Club upon consenting to the “d POINT Club Membership Rules.”
2. “Special Member” means a Member who consents to the “d POINT Club Special Terms and Conditions” and is approved by DOCOMO.
3. “Common Point Service” means a service provided for a Special Member pursuant to the provisions of Article 9 of the “d POINT Club Special Terms and Conditions.”
4. “d POINT CARD” means the card issued to the Special Member by DOCOMO or a third party approved by DOCOMO that is required for receiving Common Point Service at a d POINT Member Store.
5. “User” means a person specified by the Special Member as a person who will use the d POINT CARD.
6. “d POINT Member Store” means the store and/or the person operating such store where the Special Member can receive the Common Point Service under the d POINT Member Store Agreement with DOCOMO.
7. “MOBILE d POINT CARD” means a software that has the function that enables the Member to use services under d POINT CLUB with Device instead of physical d Point card.
8. “Device” means the smartphone or other device to use the Software.

Article 3. Use of Software

By using the Software, the User may use the Device as the d POINT CARD that such User has been registered as a User.
The use of the Software and the conditions for the provision of the Common Point Service shall be according to the provisions of the “d POINT Club Membership Rules” and the “d POINT Club Special Terms and Conditions.”
The Software can be used at the stores of the d POINT Member Stores (excluding some stores).
The User may use the Software by installing the Member Store App containing the Software onto the Device used by the Member and by taking other procedures designated by DOCOMO. The preparations of equipment and installation procedures and other procedures that will be necessary in using the Software will be conducted at User’s expense and responsibility.
The Software will connect to the internet and transit some information via the internet. The User must take appropriate security measures for the internet browsing environment, such as taking anti-computer virus, anti-malware and anti-phishing measures and establishing a personal firewall, on the User’s responsibility and determination for avoiding the security risks relating to the internet connection.
If the Device is lost or stolen, pursuant to the provisions of Article 15 of the “d POINT Club Special Terms and Conditions.”

Article 4. Usage Fee

There is no service fee for using the Software, provided that a communication fee for using the internet may be charged by a network operator for connecting to and using the internet (including, but not limited to, fee for downloading the Member Store App and upgrading the Software version).

Article 5. Provision of Software

DOCOMO may display advertisements, coupons and other information of companies that DOCOMO deems appropriate on the Device through the Software.
DOCOMO may temporarily suspend or terminate the function of the Software, at any time, without notifying the User in advance if DOCOMO determines it to be necessary.

Article 6. Management of Software

In using the Software, the User shall manage the Device with the duty of care of a prudent manager, similar to as with the d POINT CARD. DOCOMO shall deem all uses of the Common Point Service through the Device as transactions made by the User, pursuant to the provisions of Article 6(3) of the “d POINT Club Special Terms and Conditions,” and will not bear any responsibility, except in instances of DOCOMO’s intent or gross negligence, even if the Special Member or the User incurs losses or damages due to inadequate management of the Device, mistakes in use or unauthorized use by a third party.

Article 7. Copyrights to Software

The copyrights (including the rights provided in Articles 27 and 28 of the Copyright Act) and other intellectual properties (inventions, ideas, designs, trademarks, copyrights, trade secrets and other intellectual properties (which means the intellectual property as provided in Article 2(1) of the Basic Act on Intellectual Property), the rights set forth in the laws and regulations regarding intellectual properties or the interests protected by the laws and regulations) regarding the Software (including the contents, individual information, trademarks, images, advertisements and designs contained in the Software (the “Contents”)) belong to DOCOMO or the third party that created the Contents. The license to use the Software under these Special Terms does not transfer any rights to the User in regards thereto, and the User may use the Software to the extent necessary for the use of the Software under these Special Terms.

Article 8. Prohibited Acts

When using the Software, the User shall not engage in the acts set forth below. If the User engages in an act set forth below, DOCOMO may terminate the license for use of the Software and terminate the function of the d POINT CARD held by the User, pursuant to the provisions of Article 18 of the “d POINT Club Special Terms and Conditions.” In such instance, the provisions of the clauses of Article 18 of the “d POINT Club Special Terms and Conditions” will apply to the handling after the termination of the function:
1. Reproducing all or a part of the Software;
2. Altering all or a part of the source code of the functions, documents and programs belonging to the Software;
3. Reverse-assembling or reverse-compiling all or a part of the Software, or otherwise decoding or attempting to decode the contents of all or a part of the program of the Software;
4. Using the Software for publicity, commercial purposes or solicitations, or using or utilizing the Software with a fraudulent purpose;
5. Engaging in or attempting to engage in an act that interferes with or causes confusion with the operation or network communications of the Software or the connecting server;
6. Using or utilizing the Software by using a d POINT Card number of a third party or a d POINT Card number that was fraudulently created;
7. Wrongfully using or utilizing the Software for a purpose other than the purpose set forth in these Special Terms ;
8. Reproducing and using the barcode or other information displayed by the Software by filming with a camera or other methods;
9. Engaging in or attempting to engage in an act of wrongfully receiving any benefits or privileges that DOCOMO provides in relation to the Software;
10. Engaging in or attempting to engage in an act that interferes with or obstructs the provision of the Software, such as sending computer viruses, spam mail and other transmissions;
11. Engaging in or attempting to engage in an act that breaches a law or regulation, a judgment, decision or order of a court, or a legally binding administrative measure;
12. Engaging in or attempting to engage in an act that has the likelihood of harming public order or morality;
13. Transferring, loaning or licensing the use of the Software to a third party or engaging in or attempting to engage in other acts that infringe or have the likelihood of infringing on the rights (widely including, but not limited to, intellectual property rights such as copyrights, trademark rights and patent rights, reputational rights, privacy rights and other legal or contractual rights) of DOCOMO or a third party;
14. Engaging in an act that interferes with the operation of the Software by DOCOMO and other acts that interfere with the business of the d POINT Member Stores;
15. Engaging in or attempting to engage in an act that interferes with the use of the Software by other customers or causes an obstruction thereto;
16. Breaching these Special Terms;
17. Aiding or abetting any of the above acts; or
18. Otherwise engaging in an act that DOCOMO deems to be inappropriate.

Article 9. Termination of Use of Software.

The User may terminate the use of the Software by uninstalling the application containing the Software and taking other procedures designated by DOCOMO.
There may be instances where the Software can no longer be used, if a d POINT Member Store terminates, suspends, ends or restricts access to a part or all of the functions of the Member Store App, under the “Member Store App Terms.”
If the User loses the status of the User in the “d POINT Club Special Terms and Conditions,” the license to use the Software will be automatically terminated as of when the status of the User is lost.

Article 10. No Warranty

DOCOMO DOES NOT MAKE ANY WARRANTY TO THE USER WITH RESPECT TO SOFTWARE, ANY INFORMATION PROVIDED ON THE SOFTWARE AS TO THEIR CONCURRENCE, ACCURACY, LAWFULNESS, SAFETY, ADEQUACY, UTILITY AND ANY OTHER EFFECTS DUE TO USAGE OF THE SOFTWARE. IN ADDITION, IF ANY DISPUTE ARISES BETWEEN THE USER AND A THIRD PARTY REGARDING THE INFORMATION OR OTHER MATTER, DOCOMO AND D POINT MEMBER STORES SHALL NOT BEAR ANY LIABILITY FOR THE DISPUTE.

Article 11. Processing Personal Data

DOCOMO will separately announce processing of Personal Data in the "NTT DOCOMO Privacy Policy."

Article 12. Exclusion of Anti-Social Forces

The User shall represent that the User does not correspond to any of the following, and shall represent and warrant that the User will not correspond thereto in the future:
1. An organized crime group, an organized crime group member, a person for whom five years have not passed since ceasing to be an organized crime group member, an associate organized crime group member, an organized crime group-related business, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, an organized crime group specialized in intellectual crimes or any person similar thereto (collectively, an “Organized Crime Group Member”);
2. Having a relationship that is acknowledged as using an Organized Crime Group Member, such as conducting transactions with the purpose of obtaining illicit gains for the User or a third party or the purpose of causing damage to a third party; and
3. Having a relationship that is acknowledged as being involved with an Organized Crime Group Member, such as providing capital or other items or granting benefits thereto.
The User shall warrant that the User will not, nor will the User use a third party to, engage in any of the following:
1. Threatening acts of demand;
2. Wrongful acts of demand that exceed legal responsibility;
3. Acts of using threatening behavior or violence regarding a transaction;
4. Acts of damaging DOCOMO’s credibility or interfering in DOCOMO’s business by circulating rumors, using fraud or using force; and
5. Other acts similar to the above.

Article 13. Amendment of Special Terms

DOCOMO may amend at any time the contents of all or any part of the Software and these Special Terms, as deemed necessary, without providing advance notice.
The contents of the amendments and other provisions of these Special Terms will be notified to User at the d POINT website or by other methods set forth by DOCOMO.

Article 14. No Assignment.

The User shall not transfer to, have succeeded by or provide as collateral to a third party all or part of the rights it has against DOCOMO or the obligations it owes to DOCOMO under these Special Terms.

Article 15. Jurisdiction

All disputes arising out of or in connection with these Special Terms shall be finally brought to the Tokyo District Court. The User hereby irrevocably consent to the exclusive jurisdiction of the Tokyo District Court over any dispute arising out of or in connection with these Special Terms.

Article 16. Governing Law

These Special Terms shall be governed by and construed in accordance with the laws of Japan without regard to the principles of its conflict of laws

‹Established August 1, 2017›
‹Revised March 1, 2019›
‹Revised May 19, 2021›