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EPOS Card Agreement March 21, 2025
EPOS Card Co., Ltd.
4-3-2, Nakano, Nakano-ku, Tokyo 164-8701
Money-lending institution registration number: Kanto Local Finance Bureau Director #01386
Comprehensive credit purchase mediator registration number: Kanto (Comprehensive) #7
Card Agreement
Chapter 1. Card Issuance
Members are defined as those who have agreed to this Agreement, who have applied for membership with EPOS Card Co., Ltd. (collectively hereinafter "Company"), and whose membership has been approved by the Company (hereinafter "Members"). This Agreement shall be effective on the date that the Company approves membership. Unless otherwise specified, when applying for membership, the Company does not request documents from Members.
| (1) | This Agreement applies to two types of credit cards (hereinafter "Cards"): "Visa Cards" that can be used in participating stores directly contracted with the Company and in participating stores that display the Visa mark and are contracted with credit card companies/financial institutions that are affiliates with Visa Worldwide Pte. Limited, inside and outside Japan, and "Proper Cards" that can only be used in participating stores directly contracted with the Company. |
| (2) | Cards are owned by the Company, and loaned to Members. When Members are loaned a Card, the Members shall use, store, and manage the Card (including the card number and card expiration date) appropriately.If there is a card signature line on the back of the card, the Members must immediately sign his or her name. |
| (3) | The Card shall only be used by the Members . Members shall not lend Cards to other people, and shall not deposit, transfer, pledge, or otherwise use Cards for collateral. Members shall not allow others to use card information including card numbers, card expiration dates, and other Card information. |
| (4) | Any and all debts resulting from a Card being used by someone other than Members in violation of items (2) and (3) will be the responsibility of the Members. |
| (5) | Visa Cards are valid until the last day of the month indicated on the Card. The Card will be renewed as long as the Company continues to recognize the Members as a Member, and the Members do not provide notice one month prior to this date. |
| (1) | Members shall register a personal identification number, and must avoid numbers that could easily be guessed by others (such as the Member's birth date, telephone number, or simple numbers such as "0000" or "1234"). Members shall also manage their personal identification number to keep it from being revealed to others. |
| (2) | As with the personal identification numbers, Members must prevent others from learning the number imprinted on the reverse side of the Card (the security code) and the Members' password, such as the Visa Secure (former Verified by Visa) or one time password (collectively with the personal identification number, in this Agreement referred to as "Personal Identification Number, etc."). |
| (3) | If the registered Personal Identification Number, etc. is used when using the Card, any and all debts incurred are the responsibility of the Members, even if they result from fraudulent use or any other incident. However, these debts shall not be the responsibility of the Members if the Company determines that the Members managed the Personal Identification Number, etc. without intentional mismanagement or negligence. |
Chapter 2. Product Purchases, etc. Made with Card
| (1) | Members who present their Card at participating stores that are directly contracted with the Company, or participating stores that display the Visa mark and are contracted with a credit card company or financial institution that is affiliated with Visa Worldwide Pte. Limited (hereinafter "Participating Stores" ), inside or outside Japan, sign a credit card slip, enter their personal identification number in a terminal or the like, enter their card number and Personal Identification Number, etc. on a website, or use some other method determined by the Company, will purchase products/privileges or receive services (hereinafter "Products, etc." ). This is referred to as hereinafter "Product Purchases". However, the Card will not be able to be used if the identity of the user cannot be validated using the signature on the credit card slip or the card number/Personal Identification Number, etc. that was entered. There may also be some Products, etc. for which the Card cannot be used. Members agree in advance that the Company shall make advance payment on behalf of the Members to a Participating Store for the amount of the Product Purchase, and that the Members himself or herself will engage in procedures directly with the Participating Stores, when canceling the purchase of Products, etc. |
| (2) | When making a Product Purchase as described in (1) using a computer or over a communication line (such as an Internet connection) or when making a Product Purchase in some other non-face-to-face method, the Members may be able to use the Card by transmitting, notifying, or noting information such as his or her card number, full name, and address, instead of presenting the Card. When using the Card in this manner, the Members must be sufficiently careful to manage his or her ID and Personal Identification Number, etc. so that they are not stolen by a third party. |
| (3) | Regardless of the stipulations in (1), Members agree that the Company will not make advance payment on behalf of the Members, but will transfer the payment obligation for the amount of the Product Purchase in some Participating Stores that display the Visa mark and are contracted with a credit card company or financial institution that is affiliated with Visa Worldwide Pte. Limited inside or outside Japan. However, (1) applies for cancellations. |
| (4) | When allowed by the Company, Members may omit presenting their Cards, signing credit card slips, or entering their card number or Personal Identification Number, etc. as stipulated in (1). |
| (5) | When using the Card, there may be cases where approval may be required by the Company, depending on the Products, etc. or when card usage appears suspicious (such as making multiple purchases in a row). In such a case, the Company shall call or use some other means to have the Members confirm his or her activity, either directly or through the Participating Stores. There may be cases where card usage is rejected depending on the results of this confirmation. Card usage may be restricted for some products, such as precious metals or tradeable coupons. However, Members shall not use their Card for purposes that infringe upon the ownership rights of the Company as stipulated in Article 8, for Purchasing Products, etc. with the goal of converting them into cash (excluding commemorative currency but including paper or coin currency currently in circulation), other purposes not recognized as normal Product Purchases, or for transactions that are illegal. |
| (6) | If the Company approves the Card usage through the short message service (SMS) sent to the telephone number provided by the Member, the Member shall be liable for any liabilities arising therefrom. However, these debts shall not be the responsibility of the Members if the Company determines that the Members have no intentional mismanagement or negligence. |
| (1) | Card usage limits are determined by the Company based on application details and the Members’ usage history. This limit is revised when the Card is renewed. However, the usage limit may be raised or lowered from time to time when determined as necessary by the Company. The card limit shall not be increased if the Members object. Cards shall not be used in excess of their usage limits. If a Card is used in excess of its usage limit due to a system outage or other reason, the Members shall pay as usual. |
| (2) | The usage limit for revolving payments, split payments, two-time payments, and bonus lump-sum payments (hereinafter "Revolving/Split/Bonus Payment Card Limit") is the amount set by the Company for the usage limit, as described in the previous paragraph. If a revolving payment, split payment, two-time payment, or bonus lump-sum payment is specified when using the Card in excess of the Revolving/Split/Bonus Payment Card Limit, payment shall generally be handled as a one-time payment. This also applies if the Company receives a prescribed application to change the payment method for the Product Purchase amount from one-time payment to a revolving payment. |
| (3) | If Members have two or more credit cards from the Company, the highest usage limit of the Cards shall be used as the total usage limit for the Members. However, the usage limit for each Card shall be the amount set for each Card. |
| (1) | If Members desire to use his or her Card to continuously pay communications service fees or other continuous fees for services under contract with providers of communications services and other continuously arising services and other operators approved by the Company (referred to in this Article as "Continuous Service Provider, etc.”), once the Company grants approval for the application sent through the Continuous Service Provider, etc., the Company pay the fee to the Continuous Service Provider, etc. in place of the Members and the Members shall pay to the Company according to Article 7. |
| (2) | If payment to the Continuous Service Provider by Card is cancelled, the card number is changed due to the Card being reissued, etc., or the expiration date changes due to the Card being renewed, and in other similar cases, the Member himself or herself shall undertake the procedures for changing the payment method with the Continuous Service Provider, etc., in accordance with the procedures requested by the Continuous Service Provider. |
| (3) | If the Members do not undertake the procedures described in (2), and the Company pays any bills from the Continuous Service Provider, etc. after the Member withdraws his or her membership, the Member shall pay the usage charges to the Company. |
| (4) | If the Card is canceled or its use is suspended, the Company can suspend payment of fees to the Continuous Service Provider, etc. The Company shall not take responsibility in any way, even if the contract between the Members and Continuous Service Provider, etc. is canceled. However, if the Members desire to continue the contract, the Members shall undertake procedures for changing the payment method with the Continuous Service Provider, etc. |
| (5) | The Company may, after taking sufficient security control measures, provide change information such as card number and expiration date to the Continuous Service Provider, etc. so that the members can continue to use the card. The members agree to this in advance. |
| (1) | Payments for Product Purchases and service fees (hereinafter "Card Usage Charges, etc.”) are generally paid using a method selected from the payment dates and payment methods prescribed by the Company during card application process. In addition, the payment date may be changed separately upon the Member’s request. However, the payment start month may be delayed and changes to the payment date may take time or not be possible due to administrative paperwork. Payment can be made using another method specified by the Company, if the Company specifically approves it under conditions related to payment above. The payment date and method may be changed for the Company's reasons. In such cases, the Company will notify the Members in advance and set the payment date. |
| (2) | When registering an account other than the Member's name as a debit account as a payment method, the account registration procedure will be performed assuming that the account holder's consent has been obtained. |
| (3) | Members shall specify either a revolving payment, split payment, one-time payment, two-time payment, or bonus lump-sum payment for each usage. However, payment methods and services in this Article may be restricted in some Participating Stores. The payment method is one-time payment unless otherwise specified. Article 24 applies when using the Card overseas. |
| (i) | Revolving payments In this method, payments are made for the amount listed in the [Monthly Payment Calculation Table for Shopping] below (including service fees, "Payment Amount" in this Article) for the Product Purchase amount as of the closing date (hereinafter "Closing Date Principal Balance"). The service fee rate shall be the actual annual percentage rate of 15.0% of the Closing Date Principal Balance each month. Pre- payments and increased amount payments are as follows. a. Pre-payment: The Payment Amount can generally be paid in advance by paying in person at ATM etc., specified by the Company after a specific date a period of time after the closing date, even if it is before the payment date. In this case, the service fee shall be the service fee until the actual payment date on a pro-rata basis. b. Increased amount payment: Payment can be made for the increased payment amount for the period from the closing date until a specific date prior to the payment date. In this case, the Payment Amount is paid even on the directly following payment date. |
| However, based on the Closing Date Principal Balance, the entire Payment Amount is paid if the Payment Amount is less than the prescribed Payment Amount. If the service fee exceeds the prescribed Payment Amount, the entire applicable service fee is paid. Please be noted that a "standard course" is set when a new Card is issued. The Payment Amount for Members who change to the "long-term course" shall be the Payment Amount of the "long-term course." | |
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Fixed amount courses The monthly Payment Amount for Members who have switched to this course is as shown below, regardless of the Closing Date Principal Balance. For "fixed amount courses," the Revolving/Split/Bonus Payment Card Limit will be 300,000 JPY for the 5,000 JPY monthly payment course, 700,000 JPY for the 10,000 JPY monthly payment course, and 1,100,000 JPY for the 15,000 JPY monthly payment course. However, there are some courses that cannot be selected depending on the principal balance at the time of course change. If the service fee exceeds the prescribed Payment Amount, the entire applicable service fee is paid. Additionally, based on the Closing Date Principal Balance, the entire Payment Amount is paid if the Payment Amount is less than the prescribed Payment Amount. |
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| (ii) | Split payments In this method, the Member specifies the number of payments for each usage. A number of payments between 3 to 36 can be specified (the payment term will be the same number of months as the specified number of payments). The split payment service fee (hereinafter "Service Fee”) will be the actual annual percentage rate of 15.0%. However, the minimum monthly split payment amount (hereinafter "Payment Amount") will be 1JPY and, if a fraction is generated, it is added to the first payment. However, the Payment Amount may be separately depending on the reasons a Member Store may have. Additionally, when the Member is fulfilling payments for the Payment Amount according to the initial contract but pays the balance off at once in the middle of the contracted payment term, the "Rule of 78" or another equivalent calculation method, is applied to calculate the Service Fee amount for the remaining fixed payment dates, and this amount is refunded. |
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| (iii) | One-time payment In this method, the entire amount is paid as a lump sum on the first payment after the Product Purchase amount closes. In this case, no Service Fees are charged. |
| (iv) | Two-time payment In this method, the amount paid is split (averaged) between the first and subsequent payment date after the Product Purchase amount closes. No Service Fees are charged for this payment method. However, the minimum monthly payment amount will be 1JPY and, if a fraction is generated, it is added to the first payment. However, the Payment Amount may be separately depending on the reasons a Member Store may have. |
| (v) | Bonus lump-sum payment In this method, the entire amount is paid as a lump sum on the payment date of the initial bonus month (December to January, or July to August) after the Product Purchase amount closes. In this case, no Service Fees are charged. |
| (vi) | Changes to payment method Members who request to have the payment method changed during a certain period of time prior to the arrival of the payment date shall, upon approval by the Company, switch from the current one-time payment, two-time payment, or bonus lump-sum payment method for the closing date to revolving payment; or similarly the one-time payment or bonus lump-sum payment usage amount to a split payment. However, this cannot be changed if it would exceed the revolving/split/bonus payment usage limit. a. Revolving payment: The Payment Amount shall be calculated based on the total amount of the Closing Date Principal Balance of (i) and the one-time payment, two-time payment, or bonus lump-sum payment that was changed. Service fees shall also be calculated based on this total amount. b. Split payment: The Payment Amount shall be calculated (including service fees) based on the initial contract date (for a one-time payment) or the closing date immediately following the change request (for a bonus lump-sum payment). c. Always revolving payment registration: Upon advance request using a method stipulated by the Company, Members may also change the payment method for all one-time payment product purchase amounts to a revolving payment. |
| (4) | Notification of the Payment Amount for (3), (i) and the amount to pay for (ii) through (v) (hereinafter "Payment Amount”) will be provided in advance on a usage statement. If Members disagree with this statement, he or she shall send a request immediately after receiving notification. |
| (5) | When Members have paid the Company for Card Usage Charges, etc., a receipt will be provided using a method prescribed by the Company. However, when automatically paying from a deposit and savings account from a financial institution, receipts will be provided using a method prescribed by the Company only if the Members request so. Note that this shall be indicated in the financial institution passbook as "EPOS Card," "DF. EPOS Card," or the like. |
| (6) | Service fee rates may change depending on financial conditions, etc. In this case, notification will be provided using prescribed methods, in accordance with Article 26. |
| (7) | When Members pay Card Usage Charges, etc. at affiliated ATM s (limited to ATMs capable of processing to receive repayments), the Members will pay the Company the ATM service fee prescribed by the Company. The ATM service fee is 110 JPY (including tax) for payment amounts no more than 10,000 JPY and 220 JPY (including tax) for payment amounts exceeding 10,000 JPY. |
| (8) | If the Members fail to pay any debt owed to the Company on a payment date, the Members shall bear 484 JPY (including tax) as system processing fees, administrative fees and the cost for receiving payment of Card Usage Charges, etc. (excluding cash advance charges), and shall pay it on the next payment date or thereafter according to the Company's request by the prescribed payment method. |
Purchased products belong to the Company until payment is complete.
If Members make a Product Purchase based on a sample or from a catalog and the product that arrives differs from what was shown, the Members may request the Participating Store to exchange the item or cancel the contract.
| (1) | Members can suspend payment for the payment amount of Products, etc. in the following situations, until the cause of the situation is resolved. |
| (i) | When the product/privilege or service is not provided. |
| (ii) | When the product is damaged, stained, broken, or if there is some other defect, etc. with the product/privilege. |
| (iii) | When the Members otherwise object with the Participating Store with regard to the sale of goods or provision of services. |
| (2) | When the Company receives a request from the Members to suspend payment as described in (1), the Company will immediately begin taking the prescribed procedures. |
| (3) | Once the request described in (2) has been made, the Members shall work with the Participating Store to resolve the issue described in (1). The Company will cooperate as much as possible if help is requested from the Members. |
| (4) | After making a request as described in (2), Members shall make an effort to provide the facts leading up to suspension of payment in writing (if any relevant materials exist, they must be included). Members must also cooperate in any investigations that the Company deems necessary based on the request that was made. |
| (5) | If any of the following apply, payment cannot be suspended regardless of the stipulations in (1). |
| (i) | The Card was used for a one-time payment. |
| (ii) | The contract of sale related to the card usage is for the purpose of business for the Members, or was entered into as business. |
| (iii) | For revolving payments, the cash amount for Products, etc. involving a single use of the Card is less than 38,000 JPY. |
| (iv) | For split payment, two-time payments, or bonus lump-sum payments, the sum total amount for payment involving a single use of the Card is less than 40,000 JPY. |
| (v) | The Card was used at a Participating Store overseas. |
| (vi) | The Members are found to have requested suspension of payment in bad faith. |
| (vii) | Responsibility for the applicable situation described in (i) through (iii) in (1) is with the Members. |
| (6) | If the Company bills the Members the remaining balance of the payment amount, etc. less an amount corresponding to the amount payment was suspended from (1), the Members must continue to pay the remaining balance of the payment amount, etc. |
Chapter 3. Cash Advance Services
| (1) | Members may receive loans from the Company using a method prescribed by the Company (hereinafter "Cash Advances") at the Company's ATMs, and at the automatic cash lending machines and automatic teller machines operated by companies affiliated with the Company (hereinafter "Affiliated CD/ATM"). However, the loan amount may be restricted or the loan may be refused based on the usage history of the Card and on information provided by credit bureaus affiliated with the Company or credit bureaus affiliated with the bureaus (hereinafter "Personal Credit Information" ). The purpose of use for Cash Advances is not stipulated. |
| (2) | In addition to the method described in (1), Members can also receive Cash Advances by applying over the phone or on the Company's website. In this case, the Company will deposit the loan amount into an account specified by the Member under the Member's name. The usage date of said funds will be the day that the Company processes the deposit with the financial institution. For this latter method, the Members agree that the simplified form stipulated in Article 21, (xi) will be electronically provided. |
| (3) | Cash Advance usage limits are determined by the Company based on application details and the Members’ usage history, with a maximum of 990,000 JPY. Members may repeatedly use the Cash Advance within the scope of the usage limit, 10,000 JPY each time (1,000 JPY each time for the Company's ATMs, some Affiliated CDs/ATMs, and method (2)). However, this may be restricted; for example, the usage limit may be reduced without advance notification due to the card usage history or Personal Credit Information, etc. |
| (4) | When Members use Cash Advances from a Company ATM or Affiliated CD/ATM, the Members shall specify the method from either a one-time payment or principal and interest fixed revolving payment (hereinafter "Revolving Payment"). However, use of the one-time payment will be only available through the CDs/ATMs and application method specified by the Company. Also, when Member use Revolving Payment at certain Affiliated CD/ATM, "split ten-time payment" or the like may be indicated on the usage statement, etc., depending on the circumstances of the affiliate. |
| (5) | The usage limit for one-time payments shall be the usage limit stipulated in (3). The usage shall generally be in units of 10,000 JPY each time. However, usage shall be 1,000 JPY or higher each time for the method described in (2). |
| (6) | If Members have two or more credit cards from the Company, the highest usage limit of the Cards will be used as the total usage limit for the Members. However, the usage limit for each Card will be the amount set for each Card. |
| (7) | When Members use certain Affiliated CD/ATM, "Marui" or the like may be indicated on the usage statement, etc., depending on the circumstances of the affiliate. |
| (8) | When Members use Cash Advances at Affiliated CD/ATMs, the Members will pay the Company the ATM service fee prescribed by the Company. The ATM service fee is 110 JPY (including tax) for payment amounts no more than 10,000 JPY and 220 JPY (including tax) for payment amounts exceeding 10,000 JPY. |
| (1) | If Members use Revolving Payment, the Member shall pay the amount listed in the [Monthly Payment Calculation Table for Cash Advances] below (including interest, hereinafter "Repayment Amount") on the payment date, based on the loan principal balance on the usage closing date stipulated when the Card was issued (hereinafter "Closing Date Principal Balance"). If there was additional usage until the usage closing date, the loan amount shall be the total of the previous Repayment Amount loan principle balance and additional loan amount. (i) Revolving Payments (balance sliding principal and interest fixed amount) |
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[Example: Number of repayments and repayment periods]
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However, Members who joined on or before April 15, 2002 and who have not changed their repayment method will have a different Repayment Amount (monthly payment amount) of 5,000 JPY if their Closing Date Principal Balance is 50,000 JPY or less (Old standard course). |
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[Example: Number of repayments and repayment periods]
(ii) Revolving Payments (fixed amount) Monthly payments for Members who have changed to or specified the fixed amount course (payment of specified payment amount) as their repayment method are as follows, regardless of the Closing Date Principal Balance. However, amounts lower than the interest cannot be paid. In general, 5,000 JPY, 10,000 JPY or less, 15,000 JPY or less, 20,000 JPY or less, or 25,000 JPY or less cannot be selected for Cash Advance usage limits of 200,000 JPY or more, 300,000 JPY or more, 600,000 JPY or more, 800,000 JPY or more, or 990,000 JPY, respectively. |
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| (2) | Members who request to have the payment method changed shall, upon approval by the Company, will be able to switch from the current one-time payment method for the closing date to Revolving Payment. In this case, Revolving Payment will have been considered to have been used on the initial usage date, and the new Repayment Amount for the Revolving Payment will be calculated based on the total amount of the Closing Date Principal Balance of (1) and the one-time payment that was changed. Interest will be calculated based on this total amount. |
| (3) | The Cash Advances usage closing date, Repayment Amount payment date, and Payment Method are in accordance with Article 7, (1), while provision of receipts is in accordance with Article 7, (4). |
| (4) | Interest is calculated using the future payment remaining loan method, and the finance rate shall be the actual annual percentage rate of 18.0%. The finance rate may change depending on financial conditions, etc. In this case, notification will be provided using prescribed methods, in accordance with Article 26. [Interest Rate Formula] Principal balance × 18.0% × principal days of deferment ÷ 365 days (366 days for leap years) |
| (5) | The amount of interest shall be calculated on the Closing Date Principal Balance pro-rated by the number of days from the day following the previous payment date to the current payment date. However, the interest for a one-time payment and for the first payment date after usage shall be pro-rated based on the number of days from the day following usage. |
| (6) | Advance payments and increased amount payments are as follows. a. Advance payment: The Repayment Amount can generally be paid in advance by paying in person at ATM etc., specified by the Company, even if it is before the payment date. In this case, the interest paid shall be the service fee until the actual payment date, computed on a pro-rata basis. However, partial deposits cannot be made for advance payments for one-time payment. b. Increased amount payment: Payment can be made for the increased payment amount for the period from the closing date until a specific date prior to the payment date. In this case, the Repayment Amount is paid even on the directly following payment date. |
| (7) | Based on the Closing Date Principal Balance, the entire Repayment Amount is paid if the Repayment Amount is less than the prescribed Repayment Amount. If the interest exceeds the Repayment Amount, the entire applicable interest is paid. |
| (8) | The repayment period, number of repayments, and Repayment Amount listed in usage statements and documents containing the status of loan, repayment and other transactions over a certain period may fluctuate if Cash Advances not mentioned in said documents are used or paid. If Members disagree with these documents, he or she shall send a request immediately after receiving notification. |
| (9) | The Repayment Amount on the first payment date after usage may exceed the Repayment Amount stipulated in (1), depending on the period of deferment for the principal, due to the Company’s reason or due a payment date change related to the Members’ reason. Additionally, if late charges are to be paid according to Article 18, the late charge (calculated according to the number of days elapsed from the day following the contracted payment date and the actual payment date) shall be paid separately from the Repayment Amount described in (1). |
| (10) | When Members repay Cash Advances at affiliated ATMs (limited to ATMs capable of processing to receive repayments), the Members will pay the Company the ATM service fee prescribed by the Company. The ATM service fee is 110 JPY (including tax) for repayment amounts no more than 10,000 JPY and 220 JPY (including tax) for payment amounts exceeding 10,000 JPY. |
Chapter 4. Common Items
| (1) | If the amount paid by Members does not completely eliminate all debts toward the Company according to this Agreement and ancillary contracts, the Company reserves the right to set the appropriate payment amounts using procedures and methods deemed proper by the Company. However, debts involving a request to suspend payment of revolving payments for Product Purchases, etc. are as stipulated in Article 30-5 of the Installment Sales Act. |
| (2) | If Members pay an amount exceeding the amount to be paid to the Company according to this Agreement and ancillary contracts (excluding increased amount payments described in Article 7, (3) (i) and Article 12, (6)), the Company reserves the right to apply the amount to the next contracted payment, provide repayment to the Members, or otherwise provide repayment using procedures and methods deemed proper by the Company. |
| (3) | If a contract involving Product Purchases that have already been paid for is revoked or canceled and the Company is indebted to the Members, the Company reserves the right to apply the amount to be returned to the Members due to revocation, etc., using the same methods as described in the previous paragraph. |
| (1) | Any and all debts resulting from fraudulent use of a Card that is lost by or stolen from (hereinafter "Loss, etc.” or "Lost, etc.”) the Members shall be the Members’ responsibility. However, if the Members contact the Company promptly after the Loss, etc. occurs to report that the Card was Lost, etc. with the related information, submit a report with the nearest police station or police booth, and submit the prescribed report to the Company, the Member shall, upon Company approval, be exempt from damages that have occurred from 61 days prior including the day that the Members contacted the Company. In this case, the Members must submit documentation deemed necessary by the Company and must cooperate in an investigation of the extent of damages. |
| (2) | If any of the following apply, the Members shall not be exempt from payment regardless of the stipulation in the previous paragraph. |
| (i) | The Members have violated Article 2, (3). |
| (ii) | The Members Lost, etc. the Card while otherwise in violation of this Agreement. |
| (iii) | The Card was Lost, etc. due to conflict, an earthquake or other disaster, or significant social disorder. |
| (iv) | The Card was Lost, etc. or the damage was amplified due to intentional act or gross negligence on the part of the Members. |
| (v) | The Card was used by a family member, roommate, or other person related to the Members. |
| (vi) | The report submitted when the Card was Lost, etc. is fraudulent. |
| (vii) | The Card was used by another person because personal information (such as the member's birth date or telephone number) was leaked for reasons attributable to Members’ failure to safeguard it. |
| (viii) | The report on the extent of damage was fraudulent, or the Members do not cooperate in the investigation into the extent of damages or in the obligation exemption procedures, and has not valid reason as to the non-cooperation. |
| (3) | Any and all damages resulting from fraudulent use of a Card where the card number, expiration date, etc. was stolen shall be the responsibility of the Members. However, if the card number, etc. was stolen but the Members notify the Company that any items (i) through (viii) in (2) do not apply and that the Members did not act intentionally or with gross negligence proportionate to these items, the Members shall, upon approval by the Company, not be responsible for damages resulting from fraudulent use. |
| (4) | If the Company recognizes that the Card was used due to a counterfeit card, the Members shall be exempt from paying the applicable card usage charges. However, with regard to producing a counterfeit card, if any items (i) through (viii) in (2) apply or the Members acted intentionally or with gross negligence proportionate to these items, the Members shall not be exempt from paying. |
Members may only have their Cards replaced by following the prescribed procedures, pending approval by the Company. However, Members shall be responsible for paying a card replacement fee as stipulated by the Company when replacing a Card. Additionally, the Company reserves the right to change the card number if doing so is deemed necessary for purposes of managing or safeguarding Members’ card information.
| (1) | Members must promptly notify the Company of any changes to information such as their address, full name, telephone number (including cellular phone number), email address, place of employment, and debit account. |
| (2) | If the Members are negligent in reporting the items described in (1) or if the Company sends a written notification to the address and full name indicated on the report by the Members, the Company will deem that it arrived at the normal arrival time even if the notification is delayed or does not arrive. However, this does not apply in unavoidable situations. |
| (1) | Members may, by using prescribed methods, receive ancillary card services and benefits provided by the Company (hereinafter "Ancillary Services”). The Company will notify or announce these Ancillary Services and their details to Members. |
| (2) | Members agree to abide by any agreements, etc. related to using these Ancillary Services, and understand that there may be cases where Ancillary Services cannot be used due to the Members’ card usage or payment circumstances, or if unavoidable circumstances related to Ancillary Services occur. If Members lose or withdraws his or her membership qualification, the Members lose all benefits obtained through Ancillary Services. |
| (3) | Members agree that Ancillary Services and their details may change due to unavoidable circumstances. As described in (1), notification or announcement will be provided in such a case. |
| (1) | The Members shall pay a late charge calculated as the product of an annual rate of 14.6% and the applicable payment amount from the day following the contracted payment date to the payment date if the Members are late paying Card Usage Charges, etc. (excluding late repayments of Cash Advances), or a late charge calculated as the product of an annual rate of 14.6% and the total remaining Product Purchase amount from the day the payment obligation was accelerated until the full payment day if the payment obligation was accelerated pursuant to Article 19. However, this amount shall not exceed the product of the total remaining split payment amount and the interest stipulated by the Japanese laws, for split payments, two-time payments, or bonus lump-sum payments. The interest stipulated by the Japanese laws applies for other costs, etc. |
| (2) | The Members shall pay a late charge calculated as the product of an annual rate of 20.0% and an amount corresponding to the principal for the applicable repayment amount from the day following the contracted payment date to the payment date if the Members did not repay for the Cash Advances on the contracted payment date, or the product of an annual rate of 20.0% and an amount corresponding to the remaining principal from the day the payment obligation was accelerated until the full payment day if the payment obligation was accelerated pursuant to Article 19. |
| (3) | The principal amortization fluctuation method (in which a corresponding amount is transferred from the prescribed scheduled principal amount being repaid on the contracted payment date to the late charge) shall be used to collect late charges. However, this excludes cases corresponding to Article 12, (7). |
| (1) | In the following cases, the payment obligation of the applicable Members will be accelerated, and the Members shall pay the entire amount of the remaining debt immediately. However, (ii) does not apply to card usage charges etc., (limited to revolving payments, installments, two-times payments and lump-sum bonus payments). |
| (i) | Payment for Card Usage Charges, etc. (excluding one-time payments) is late (excluding late repayments of Cash Advances), and no payment was made within a set period of time of at least 20 days although notified in writing. However, if the one-time payment has delayed even once. |
| (ii) | Delays in the repayment of Cash Advances or one-time payment of Card Usage Charges, etc., even once. |
| (iii) | Members write a promissory note or check that bounces, or the Members generally suspend payment. |
| (iv) | Forcible execution, seizure, provisional seizure, or provisional disposition is applied for against the Members by a third party, or the Members are subject to coercive collection. |
| (v) | Bankruptcy, civil rehabilitation, etc., is applied for by or against the Members or the Members (including their attorneys) declare adjustment of debts. |
| (vi) | The Members purchase, etc., Products, etc. for the purpose of business or for entering into business, and the Members are late in paying Card Usage Charges, etc. even once. |
| (vii) | The Members pawn, transfer, or lease Products, etc., or otherwise act in a manner that infringes upon the ownership rights of the Company. |
| (2) | If any of the following applies and upon notification/demand from the Company, the payment obligation of the applicable Members for debts according to this Agreement will be accelerated, and the Members shall immediately pay the entire amount of the remaining debt. |
| (i) | The Members violate his or her material obligation under this Agreement, or the like. |
| (ii) | The Members’ credit standing has otherwise worsened noticeably. |
If litigation occurs between the Members and the Company for any reason, the summary court or district court in Japan with jurisdiction over the Members’ location, the location Products, etc. were purchased, of the location of the Company's headquarters or business office shall serve as the primary agreement jurisdictional court, regardless of the amount being sued for.
| Members agree to the following. |
| (i) | The Company may reject the Application hereunder if required items for the Application are not entered as required. |
| (ii) | Members shall submit legal documents or copies if requested, for the purpose of identification, in accordance with the Act on Prevention of Transfer of Criminal Proceeds. The Company may refuse to issue a Card or disallow usage if it is unable to identify a Member. Members must respond each time the Company requests confirmation of items reported to the Company. |
| (iii) | Members who do not have Japanese nationality and reside in Japan shall, upon the request by the Company, notify the Company of their lawful residence status and period of stay in a manner prescribed by the Company. In case of failure to comply with the request above, the Company may suspend or restrict usage of the Card. |
| (iv) | Members must submit a declaration of income or proof or income if requested by the Company, in accordance with the Money Lending Business Act or other related laws and regulations. If no response is provided within a period prescribed by the Company, the Company may suspend or restrict usage of the Card. |
| (v) | Records related to confirming identification during the Application will be used in other transactions between the Members and the Company. |
| (vi) | When the Company attempts to notify the Members of important matters, the Company may use short message service (SMS) to contact the Members as needed, if the Members have registered a mobile number with the Company. |
| (vii) | If Members are late in payment as stipulated in Articles 7 or 12, the company will prioritize contacting the Member's mobile phone if the Members agree to this. If the Members cannot be reached over the authorized contact number (such as a home phone or mobile number), the Company may contact the Members at his or her workplace, parents’ home number, etc. |
| (viii) | Members are responsible for any and all taxes and public dues involved in obtaining, owning, storing and using products, and services received, as well as those involved in entering into and executing contracts otherwise. |
| (ix) | If paying via a company affiliated with the Company, the affiliated company may charge a prescribed service fee. |
| (x) | In the case of Card issuance or use/payment of a Cash Advance, or any changes to the contract, the Company will issue by electronic means (e.g., by email) the document specified by the Money Lending Business Act. However, this is limited only to cases where such a document is not made available at the store, or is not indicated as part of the necessary items to be provided per the Money Lending Business Act when such a document is delivered upon payment. For a Member who has not registered his or her email address, the Company will issue a document (monthly statement) describing use/payment of a Cash Advance by mail. |
| (xi) | When a Cash Advance is used, rather than issuing the document stipulated in Article 17, Paragraph 1 of the Money Lending Business Act, the Company will issue by electronic means or by mail a document containing the status of the loan, repayment and other transactions until the monthly usage closing date (the same date one month prior to the payment date), and will issue a simplified document when the loan is made. Additionally, when a Cash Advance is repaid, rather than issuing the form stipulated in Article 18, Paragraph 1 of the Money Lending Business Act, the Company will issue by electronic means or by mail a document containing the status of the loan, repayment and other transactions as described previously, and will issue a simplified document when the loan is repaid. However, this is limited only to cases where some items stipulated by Article 18, Paragraph 1 of the Money Lending Business Act are not displayed on the document issued upon repayment. |
| (xii) | Members shall be notified of card usage statements either electronically or over mail. Members who do not want to be notified electronically will be notified over mail. In this case, the Company shall charge its designated issuing fee. However, the fee may not be charged in some cases, such as when Cash Advance use is included or in other cases depending on the nature of the usage and other factors. |
| (xiii) | When the Members pay Card Usage Charges, etc. at the Company's ATMs, the Company will issue a receipt by electromagnetic means. However, the Members who has no email address, will be issued a receipt by the document. |
| (xiv) | If the Company determines that the Card or card information could have been fraudulently used by a third party, it may hold product purchasing and Cash Advance usage in whole or in part without notifying the Member in advance, or may restrict or decline such usage for a certain period of time. In this case, the Company may impose such measures without notifying the Member in advance, if contacting the Member would be difficult. |
| (xv) | In the case of the previous item, the Company may stop the Card from being used and may reissue the Card. |
| (xvi) | If Members select debit from a financial institution account as his or her payment method, the Card's usage limit will not be restored until the Company receives notification from the financial institution that the debit has been processed. |
| (xvii) | If deemed necessary, the Company may transfer credit obligations upon the Members to a correspondent financial institution or debt collection company for operating funds, liquidation, or any other purpose, and may once again inherit transferred credit obligations. |
| (1) | Members covenant that the following characterizations do not apply to the Members, now or in the future. |
| (i) | A member of an organized crime group (a group in which members could collectively or habitually promote violent illegal activity), someone who has left an organized crime group within the past five years, or an associate member thereof (someone who could conduct violent illegal activity supported by the power of an organized crime group, or who cooperates or contributes to the activity of an organized crime group) |
| (ii) | A corporate extortionist or social movement advocate (someone who seeks illicit gain in the name of a social movement or political activity etc.) |
| (iii) | Member of an organized groups specialized in intellectual crime, or other organized group associated with the organized crime group above |
| (iv) | A terrorist or other person designated by the Japanese government or a foreign government as the subject of economic sanctions |
| (v) | Someone analogous to (i) through (iv) above |
| (2) | The Company reserves the right to request a report from Members if the Company concretely determines that the Members could be in violation of the previous paragraph. The Members shall respond accordingly. The Company may suspend usage of the Members’ Card until this suspicion is proven false by the Members’ report. |
| (3) | Members covenant that they will not, either directly or through a third party, make violent or inappropriate demands of the Company, make use of threatening speech/conduct or violence, or tarnish the reputation of the Company, or interfere with the Company's duties. |
| (4) | If any item in (1) is found to apply to Members, and the Members are found to have made a fraudulent report, or if the Members violate his or her covenant in (3), the Members shall lose his or her membership qualification and shall pay his or her remaining debt in whole, in accordance with Article 23, (1), (iii). |
| (1) | The Company may implement measures such as stopping usage of the Card, changing the usage limit, or revoking membership qualifications without any notification, when any of the following conditions apply. If the Company requests the Members to temporarily or permanently return the Card in such a case, the Members must accept the Company’s request. If membership qualifications are lost and the Company requests a lump sum repayment of remaining debts, the Members must accept the Company’s request. |
| (i) | The Members provided fraudulent information on a Card application or other application sent to the Company. |
| (ii) | The Members cannot repay a debt to the Company. This also includes situations where the issue has been resolved, but the Company deems it necessary to restrict usage for a period of time. |
| (iii) | The Members has violated this Agreement in some way. |
| (iv) | The Members did not receive a card sent by the Company within a reasonable period. |
| (v) | The Company becomes aware of the fact that the Members has passed away. |
| (vi) | The Company has determined that the Members’ credit status has noticeably worsened (or could noticeably worsen), based on information from a credit bureau, etc. |
| (vii) | The Members who do not have Japanese nationality and reside in Japan leave Japan without renewing their period of stay and their period of stay as reported to the Company has expired. In addition, when the Company has determined that it is difficult for the Company to contact the Member because the Member no longer has a contact address in Japan. |
| (viii) | The Company has determined that the Members are not using the Card appropriately, such as making purchases with the goal of conversion into cash. |
| (ix) | When violence, threats, intimidation, abusive language, false accusations or other violent behavior is used, or when relentless inquiries or the like interfere with the Company’s business without justifiable reason, or when other illegal acts are committed or unjust demands against the Company or a participating store beyond its legal liability are made. |
| (x) | When otherwise the Company has determined that they are ineligible as the Members. |
| (2) | If Members with a proper Card has not used his or her Card for four or more years, the Company will deem that the Members have withdrawn his or her membership. |
| (3) | If Members decide to withdraw his or her membership, the Members shall return the Card and provide notification to the Company using the method prescribed by the Company. In this case, the Company deems that Members withdraw when his or her entire debt is repaid to the Company. |
| The following apply when using the Card outside Japan. |
| (i) | If the Product Purchase amount, etc. (including cancellation processing charges) is in a foreign currency, the Members shall pay an amount converted into Japanese yen based on the specified rate at the time of central payment at the Payment Center of Visa Worldwide Pte. Limited (hereinafter "International Affiliate Organization”). However, in addition to usage charges above, an additional amount equal to the Product Purchase amount that was paid (including processing when there is a partial cancellation) multiplied by 2.20% will be charged separately as a transaction fee for business conducted outside of Japan for the International Affiliate Organization above. |
| (ii) | One-time payment shall be used as the payment method for Product Purchase amounts, etc. |
| (iii) | The loan principal when using a Cash Advance overseas in foreign currency shall be the amount converted into Japanese yen using the specified rate at the time the payment is processed by the International Affiliate Organization above. The service fee for using overseas ATMs shall be 110 JPY (tax included) if the usage amount is 10,000 JPY or less, and 220 JPY (tax included) if the usage amount exceeds 10,000 JPY. |
| (iv) | The Foreign Exchange and Foreign Trade Act and other Japanese laws apply to all issues under this Agreement. |
| (v) | The Company may suspend or discontinue usage of Cards without advance notification in certain countries specified by the Company, depending on conditions in said country. |
This Agreement and any special agreements etc., ancillary thereto shall be governed by and construed in accordance with the laws of Japan.
| (1) | The Company reserves the right to makes changes or revisions (hereinafter "Changes, etc.”) to this Agreement in part or in whole in accordance with the revisions of laws and regulations, changes in economic conditions or any other circumstances. In this case, the Company may change this Agreement by communicating to Members in advance the details of the Changes, etc. in such procedures as the Company announces the timing and details of the Changes, etc. on its website (https://www.eposcard.co.jp) or in other procedures as the Company notifies Members . If Members fall under any of the following items, the Members shall be deemed to have indicated their intention to accept the details of the Changes, etc. The indication of their intention shall complete the change of this Agreement. |
| (i) | when Members have not made any objections against the Changes, etc. the during the announcement period for it. |
| (ii) | when Members have made any transactions under this Agreement after the announcement period for the Changes, etc. |
| (2) | The Company will apply Article 26 (1) to any Changes etc., of any special agreements etc., ancillary or related thereto, and the Members agree to this in advance. |
Please contact the following division of the Company for inquiries on card usage, etc.
EPOS Card Co., Ltd., EPOS Customer Center
3-22-14, Minami-cho, Kokubunji-shi, Tokyo 185-0021 TEL: 03-3383-0101
Moneylending-related disputes can be reported to the following organization.
(Designated dispute resolution organization contracted with the company)
Japan Financial Services Association, Moneylending Consultation/Dispute Resolution Center
3-19-15, Takanawa, Minato-ku, Tokyo 108-0074 TEL: 03-5739-3861