General Conditions for Use of SMART WORLD PREPAID CARD

Article 1 (Purpose of the General Conditions) The General Conditions for Use (hereinafter referred to as the "General Conditions") stipulates the terms and conditions that apply to the use of the SMART WORLD PREPAID CARD ("SIM Card") issued by PLDT JAPAN GK (hereinafter referred to as "Company"), to the Subscribers (as defined below).
Article 2 (Definitions) The definitions of the terms used in the General Conditions shall be as follows unless defined separately.

"Subscriber". This is the person who possesses the SIM Card and who purchased the SIM Card directly from the Company or its distributors/agents and will use the it in accordance with the General Conditions.

"Device". This is the compatible device provided by the Company to the Subscriber along with the SIM Card for the provision of the Service.

"Service". This is the prepaid data bundle service provided by the Company.

Article 3 (Ordering of Service)

3.1 Coverage is provided by NTT Docomo's network. 3.2 The Device to be used with this Service shall be provided by the Company. 3.3 To verify a Subscriber's identity, the Company may ask him to provide it with a government issued identification. 3.4 A SIM Card purchased may not be returned or exchanged. The Company will not accept any cancellation orders or changes in SIM Card size once the Subscriber has placed his order.

Article 4 (Use of Service)

4.1 Upon receipt of the SIM Card by the Subscriber, the mobile data service will be active and ready for access. 4.2 Subscriber shall not assign to a third party the SIM Card, his status as Subscriber, and any of his rights and duties as Subscriber under the General Conditions without the prior written consent of the Company.

Article 5 (Charges/Data Speeds)

5.1 This Service is non-refundable even if the service is unavailable due to weak signals within the coverage areas. 5.2 Data speed claims represent maximum speed capabilities based on technical specifications and are not guaranteed. Actual speeds vary and may be significantly slower depending on the network equipment or network availability. 5.3 Data speeds are provided on a best-effort basis. Subscribers may experience much slower speeds depending on their network environment (e.g., capabilities and features of network equipment such as computers, hubs and routers, types of Ethernet cables, or transmission system and interference with other signals within multi-unit buildings), network congestion or the time of day. 5.4 This Service is not suitable for contents or activities that require a large amount of data such as video streaming. 5.5 Congestion control may be performed by the Company to avoid congested network conditions becoming persistent. 5.6 Details of bandwidth restrictions and congestion control are subject to change upon the Company's sole discretion. 5.7 Even within a coverage area, service may not be available at locations where signal is hard to reach (e.g., indoors, basements, inside tunnels, behind buildings, between mountains, at sea). The Subscriber should thus use this Service in an area with good reception.

Article 6 (Suspension and Termination of Service)

6.1 Under unavoidable circumstances upon performing maintenance or construction at the Company's or its network provider's telecommunications facilities, the Company may suspend or terminate this Service with prior notice (such as by posting on our website, etc.) or, in case of emergency, without notice. 6.2 The Company may suspend or terminate this Service in whole or in part, if necessary to protect its telecommunications facilities including associated equipment against unauthorized access. 6.3 If any of the following applies to the Subscriber, the Company may terminate all or part of the Service or restrict its use: (1) The Subscriber breaches any of terms and conditions contained herein. (2) The Subscriber has used the Service illegally or in a way apparently contrary to public order and morality. (3) The Subscriber has used the Service in a way which gravely hinders the direct or indirect use, by other users, of the services provided by the Company. (4) The Subscriber has used the Service in a way which may impair the credibility of the services provided by the Company. (5) Other than the preceding items, the Subscriber has used the Service in a way which the Company judges to be inappropriate.

Article 7 (Limitation of Liability and Disclaimer)

7.1 In the event the Service is completely unavailable for twenty-four (24) or more consecutive hours due to a cause within the Company's sole control, an additional day of free service will be given to the affected Subscriber for each 24-hour affected period from the time at which the Company became aware of the unavailability (A fraction of a day is rounded down to the lower full day). 7.2 Terms of restrictions on using this Service are subject to change any time. 7.3 This Service will be unavailable during maintenance or network outages on the Company's or its network provider's facilities. Maintenance and network outage information is provided on the Company's website. It is understood that maintenance may be performed during the daytime on a weekday.

Article 8 (Charges) Subscriber shall pay the charge for the Service as defined by each plan before the monthly bill cut-off date. The account shall be immediately suspended upon Subscriber's failure to pay and may subsequently be deactivated in accordance with the Company's policies.
Article 9 (Handling of Personal Information)

9.1 A Subscriber's personal information (including their use history on the Company's website; hereinafter read together) shall be appropriately handled in accordance with the Privacy Policy of the Company separately stated at www.smartworldjp.com/privacy-policy/. If the Subscriber when using this website provides a third party's personal information as the recipient's address, the Subscriber shall be responsible for informing that third party of the purpose of use of personal information stipulated in the General Conditions and obtain the consent of that party to the provision to the Company of that party's personal information. Provided that a third party's personal information is used only within the scope stated in the General Conditions and Privacy Policy, in the event of any claim by a third party concerning that use, the Subscriber shall resolve that claim at the Subscriber's own expense and the Company shall be under no liability whatsoever in respect of the same. 9.2 The Company may use Subscribers' personal information for the purposes stated in the Privacy Policy. 9.3 The Company may provide a Subscriber's personal information to a third party in the cases stated in the Privacy Policy.

Article 10 (Return and Warranty)

10.1 If there is any latent defect in the Device provided by the Company, Customer may return the Device at the Company's cost within ninety (90) days from the date of provision. Company shall have the option to either replace or repair the Device. 10.2 Except as expressly set forth in the preceding paragraph, the Company makes no express or implied warranties with respect to the Device and Service.

Article 11 (Prohibitions) In relation to the use of the Service, the Subscriber is prohibited from performing any of the following acts: a. Infringe upon the copyrights and other intellectual property rights of other Subscribers, third parties or of the Company. b. Infringe upon property rights, privacy rights, or any other applicable rights of other Subscribers, third parties or of the Company. c. Discriminate against, slander, or damage the reputation or the credit of other Subscribers, third parties or of the Company. d. Conduct fraudulent transactions, acts that are against public order and morals, and other criminal or other acts prohibited by applicable laws. e. Transmit, post or download contents depicting obscenity, child pornography or child abuse. f. Transmit or post untrue information or tamper with or erase information. g. Engage in commercial operations through or related to the Service without the advance permission of the Company. h. Obstruct the operation of facilities such as servers used for the Service or servers managed by third parties. i. Obstruct email traffic of other Subscribers or third parties by sending to other Subscribers or third parties unauthorized advertisements or solicitation or spam emails, or sending emails that will cause, or might cause, repugnance on the part of the recipient (harassment emails). j. Use, provide, assist in, advertise, or promote computer virus codes or other harmful programs. k. Provide false information at the time of ordering or activating the Service, or use the Service assuming the identity of a different Subscriber. l. With respect to the Service or the SIM Card, assign, lease, resell, switch names, establish a right of pledge, or in any other way provide the Service or SIM Card as collateral. m. Any other acts that the Company deems inappropriate.
Article 12 (Subscriber Support) Subscribers can call customer service on the toll free number 0120 980 265 during office hours 8 am to 5 pm Monday to Friday except on public holidays. Customer service can also be reached via e-mail/Facebook and Twitter at any time.
Article 13 (Jurisdiction) The General Conditions shall be governed and construed in accordance with the applicable laws of Japan. If the necessity of a lawsuit arises between the Company and Subscriber, the Tokyo District Court shall be the exclusive agreement jurisdictional court of first instance for the Company and Subscriber.
Article 14 (Change of the Conditions)

14.1 The Conditions may be changed without notice to the Subscriber. 14.2 The Company discloses the Conditions on the Company's website, and if any change is made to the Conditions, the Company shall post the changed Conditions on the Company's website for the specified period. 14.3 When the Subscriber has used the Service after the Company makes any change to the Conditions, the Subscriber shall be deemed to have agreed to the changed Conditions.