Rules for Members of JTB International Money Transfer Service (as of November 01, 2010) [Table of Contents] Article 1 Purpose Article 2 Definitions Article 3 Prevention of Confusion with Exchange Transactions Conducted by Banks, etc. Article 4 Outline of Service Article 5 Application for Membership Article 6 Examination for Membership Article 7 Timing of Conclusion of Membership Agreement Article 8 Effective Term of Membership Article 9 Notification of Change of Member Information and Drawer Information Article 10 Method of Money Transfer Article 11 Sending of Card Kit and Ownership, etc. of Money-withdrawal Card Article 12 Withdrawal and Account Balance Inquiry by Drawer at Overseas ATM Article 13 No Change of Drawer Article 14 Re-issue of Money-withdrawal Card Article 15 Inquiry of Balance and Transaction Records of Member-dedicated Bank Account Article 16 IDs and Passwords for Member-dedicated Page and Drawer-dedicated Page Article 17 Personal Identification Number of Money-withdrawal Card Article 18 Service Fee Article 19 Registration Fee Article 20 Annual Membership Fees Article 21 Charges of Domestic Financial Institutions Article 22 Fees for Withdrawal and Account Balance Inquiry Article 23 Exchange Fees Article 24 Overseas ATM Charges and Taxes, etc. Article 25 Early Refund of Balance of Member-dedicated Bank Account Article 26 Resignation from Membership for Member s Convenience Article 27 Revocation of Membership through Examination by Company Article 28 Termination of Service Article 29 Protection and Use of Personal Information Article 30 Retention of Transaction Records and Submission to Relevant Authority Article 31 Outsourcing of Business Article 32 Delivery of Notice Article 33 Disclaimer Article 34 Willful Misconduct and Negligence, etc. of Member or Drawer Article 35 Rules and Revisions thereof Article 36 Application of Other Provisions Mutatis Mutandis to Rules Article 37 Application of Laws and Regulations; Report of Suspicious Transactions to Relevant Authority Article 38 Governing Law Article 39 Exclusive Jurisdiction Article 40 Inquiries concerning Service; Emergency Measures Article 41 Complaints; Consultation concerning Personal Information Article 42 Language of Rules Having Legal Binding Power Exhibits - 1/19-
Article 1 Purpose 1. These Rules for Members of JTB International Money Transfer Service (hereinafter referred to as these Rules ) sets forth the terms and conditions agreed upon between JTB Corp. (hereinafter referred to as the Company ) and a person who applies for the membership of the fund transfer service for members, which is provided by the Company as a fund transfer business operator in accordance with the Act on Fund Settlement, the Act on Prevention of Transfer of Criminal Proceeds, the Immigration Control and Refugee Recognition Act, the Alien Registration Act, the Foreign Exchange and Foreign Trade Act and other relevant laws and regulations, pursuant to the method prescribed by the Company, and whose membership is accepted by the Company. Article 2 Definitions 1. The main terms as used herein shall have the meanings described in the following, respectively. Term Definition Company JTB Corp. Fund transfer service for members as provided by the Company as a fund transfer business operator in Service accordance with the relevant laws and regulations. The members may transfer funds overseas subject to these Rules. Applicant for An individual who applies for the membership of the membership Service. An individual who applies for the membership of the Member Service and whose membership is accepted by the Company. The recipient of the fund transferred from a member. The Drawer drawer shall be an individual identified at the time of application for the membership of the Service. The e-mail address that a member registers at the E-mail address Company for receiving the Service. An ordinary deposit account at a bank in Japan or an Domestic bank ordinary savings account at Japan Post Bank under the account name of a member, which the member registers at the Company for receiving the Service. An account dedicated for a member at the financial Member-dedicated institution designated by the Company, in which the bank account member pays the fund for money transfer to the drawer. Website The website for the Service. A page in the Website on which a person who applies for the Application page membership of the Service registers the matters prescribed by the Company. Member-dedicated A dedicated page of the Website which is available for view page and update only by the applicable member. Drawer-dedicated A dedicated page of the Website which is available for view page only by the drawer designated by the applicable member. An act of a member paying, in the member-dedicated bank Payment (in the account, the fund for money transfer to the drawer through account) the Service or for making payment of the annual membership fee or other to the Company. The amount of the fund paid by a member in the member-dedicated bank account for money transfer to the Paid-in amount drawer through the Service or for making payment of the annual membership fee or other to the Company. An act of a member causing the fund to be received by the Money transfer drawer overseas through the Service. The amount of the paid-in amount after deduction of the Transferred amount Service fee, registration fee, annual membership fee and - 2/19-
Money transfer completion mail Balance Overseas ATM(s) Money-withdrawal card Member s kit Card kit Card kit sending fee Standard performance period Personal identification number Registration fee Annual membership fee Service fee Refund fee for exceeding the upper limit of the balance Exchange fee Fees for withdrawal and account balance inquiry Money-withdrawal card re-issue fee Re-issued card Re-issued card sending fee Early refund others as prescribed by the Company. An e-mail from the Company that notifies the member and the drawer of the completion of the money transfer. The amount of the fund in the member-dedicated bank account that can be confirmed at the overseas ATM, member-dedicated page and the drawer-dedicated page. Cirrus ATMs (automated teller machines) or CDs (cash dispensers) located outside Japan, at which the drawer may withdraw cash or inquire the balance under the Service. (Note: Some ATMs and CDs may not be available for withdrawal or other even if such ATMs or CDs are marked Cirrus.) The card issued by the Company which is dedicated for the drawer to withdraw cash from and inquire the balance of the member-dedicated bank account at the overseas ATMs. A kit provided to members containing the User s Guide of the Service and other relevant documentation. A kit provided for the use by the drawer containing the money-withdrawal card and the documentation describing the method of using such card at the overseas ATMs and other necessary matters. The fee charged with regard to the sending of the card kit to the drawer, by the Company in lieu of the applicable member at the request of such member. The standard period from the time that the Company confirmed the payment of fund made by a member to the completion of the money transfer. The personal identification number for the money-withdrawal card (in four digits). The registration fee for the Service. The annual membership fee for the Service. The fee charged for using the Service as fixed by the Company becoming payable each time a member pays the fund in the account. The fee charged for refunding any amount in excess of 300,000 yen, which is the upper limit of the balance, to the domestic bank account from the member-dedicated bank account whenever the sum of the paid-in amount and the balance of the member-dedicated bank account exceeds 300,000 yen as a result of such payment by a member. The fee charged for converting an amount in Yen currency to the corresponding amount in the withdrawing currency under the Service each time the drawer withdraws money at an overseas ATM. The fee charged each time the drawer withdraws money from or makes an inquiry of the balance of the account at an overseas ATM under the Service. The fee charged for the re-issuance of the money-withdrawal card. The money-withdrawal card as re-issued. The fee charged with regard to the sending of the re-issued card to the drawer, by the Company in lieu of the applicable member at the request of such member. Refund of the balance of the member-dedicated bank account to the domestic bank account at the request of the member during the effective term of the membership. - 3/19-
Early refund fee Termination fee for expiration of effective term Resignation fee Termination fee for revocation of membership Performance guarantee money Fees for early refund charged for refunding to the domestic bank account. The fee charged for refunding the balance of the member-dedicated bank account of a member whose effective term has expired to the domestic bank account. The fee charged for refunding the balance of the member-dedicated bank account to the domestic bank account when a member resigns from the membership for his/her convenience. The fee charged for refunding the balance of the member-dedicated bank account to the domestic bank account when the membership of a member is revoked as a result of an examination prescribed by the Company. The guarantee money for compensating a member for the balance of the member-dedicated bank account, whenever the Service is terminated due to any reason attributable to the Company, as provided for in the Act on Fund Settlement. Article 3 Prevention of Confusion with Exchange Transactions Conducted by Banks, etc. 1. The Service is not an exchange transaction conducted by banks, etc. 2. The Service is to transfer funds overseas from Japan, and not designed for acceptance of deposits, savings or term deposits with regular fixed-amount installments (including anything that has the similar economic nature). The funds under the Service shall accrue no interest. 3. The Service is not subject to the insurance coverage provided for in Article 53 of the Deposit Insurance Act or Article 55 of the Agricultural and Fishery Cooperation Savings Insurance Act. 4. The Service is subject to the performance guarantee money system under the Act on Fund Settlement. The Company has executed an Agreement on Preservation of Performance Guarantee Money with Mizuho Corporate Bank, Ltd. in accordance with Article 44 of the Act on Fund Settlement, and the funds of the members under the Service are protected by the performance guarantee money system under the Act on Fund Settlement, and the members are entitled to receive the refund of the funds under the Service in accordance with Article 59 of the same Act. 5. The fund transfer business registration number of the Company is No. 00003, Director General of the Kanto Regional Financial Bureau. Article 4 Outline of Service 1. Under the Service, a member may make money transfer to one individual designated by him/her at the time of the application for the membership of the Service, by paying the fund in the Japanese yen in the member-dedicated bank account at any ATM (automated teller machine), bank office counter or through the Internet banking of a financial institution in Japan. 2. Notwithstanding the provisions of Article 4.1, a member may not make money transfer for any purpose that interferes with the regulations under the Foreign Exchange and Foreign Trade Act. 3. The drawer may withdraw the funds transferred by the member at any overseas ATM using the money-withdrawal card, in any currency that is handled by such ATM. The drawer is not able to withdraw funds from the account at any ATM or bank office counter of a financial institution in Japan. 4. The drawer shall be unable to withdraw funds from the account unless the Company receives the registration fee and the annual membership fee in the manner prescribed by the Company. Article 5 Application for Membership - 4/19-
1. The applicant for membership shall register, in the application page of the Website, necessary matters as prescribed by the Company such as his/her name, address, birth date, telephone number, e-mail address, domestic bank account information, purpose of money transfer, principal country or region where the withdrawal of fund is intended, whether to accept e-mails sent for advertisement purposes, and the information concerning the drawer, after giving consent to the personal information protection policy of the Company and the Rules of Members of the Service. 2. When applying for the membership of the Service, the applicant for membership shall understand the regulations under the Foreign Exchange and Foreign Trade Act and register the purpose of money transfer. 3. The Company shall send the member s kit to the applicant for membership in the manner prescribed by the Company that may make identification confirmation (name, address, and birth date) of the applicant for membership. 4. The applicant for membership shall present the identification confirmation document as prescribed by the Company and answer any question as necessary for identification confirmation purpose when he/she receives the member s kit. 5. The Company will not deliver the member s kit unless the identification confirmation is completed. 6. The Company shall conduct an examination prescribed by the Company on the basis of the result of the identification confirmation and pursuant to Article 6 (Examination for Membership) of these Rules. 7. The applicant for membership may register only one drawer per application for the membership of the Service. 8. If a member desires to register two or more drawers under the Service, such member shall make application for the membership of the Service for each such drawer separately. Article 6 Examination for Membership 1. The Company will refuse the application whenever the applicant for membership falls under any of the following matters at the time of the examination for membership. (1) The applicant for membership does not have an ordinary deposit account or ordinary savings account at a financial institution in Japan. (2) The applicant for membership is not a resident of Japan (*A person who is certified in the certification of alien registration as a temporary visitor is not allowed to become a member of the Service). (3) The applicant for membership does not have an e-mail address usable with personal computers, cellular phones and other equipment. (4) The applicant for membership is an illegal resident of Japan. (5) The applicant for membership has registered false information in the application page. (6) The identification confirmation documents presented by the applicant for membership when receiving the member s kit is found to be those that have been counterfeited or altered or unlawfully obtained. (7) The applicant for membership was subject to a conviction in the past under, or is suspected at the time of the application for the membership to be in violation of, the Act on Prevention of Transfer of Criminal Proceeds, the Foreign Exchange and Foreign Trade Act or other applicable laws and regulations. (8) The applicant for membership is suspected to make money transfer for a purpose that is prohibited under the Foreign Exchange and Foreign Trade Act or to a country or region to which any money transfer is prohibited. (9) The applicant for membership is currently subject to asset freeze or other measures taken by the United Nations Security Council Resolution or the Sanctions Committee of the United Nations. (10) The applicant for membership is a member or associate member of an organized crime group, a member of an entity associated with an organized crime group, or is otherwise involved in an organized crime group. (11) The applicant for membership is a member of a sokaiya racketeer, antisocial power or other crime group. - 5/19-
(12) The applicant for membership is suspected to use the Service for commercial purpose as his/her own business. (13) The use of the Service by the applicant for membership may induce a fraudulent practice or an act that offends against public order, or an act that violates laws and regulations. (14) The Company otherwise determines that the application for the membership should be refused as a result of the examination prescribed by the Company. 2. The Company will refuse the application for the membership whenever the drawer designated in the application is found to fall under any of the matters listed in items (7) through (14) of Article 6.1. Article 7 Timing of Conclusion of Membership Agreement 1. The membership agreement of the Service shall be deemed concluded when the Company gives notice of acceptance of the membership to the applicant for membership in the manner prescribed by the Company. 2. Notwithstanding the provisions of Article 7.1, the membership agreement of the Service shall be deemed concluded when the information of the conclusion of agreement is recorded in the mail server used by the applicant for membership for receiving such e-mail if the Company gives notice through an e-mail, or when the indication of the conclusion of agreement is displayed in the Website if the Company displays the notice in the Website. Article 8 Effective Term of Membership 1. The effective term of the membership of the Service shall be one (1) year commencing on the day the membership agreement is deemed concluded. 2. The membership shall be automatically extended for one (1) year from the day following the expiration of the currently effective term as long as either the member makes one or more payment of funds in the account or the drawer makes one or more withdrawal of funds from the account during such effective term, in which case the money-withdrawal card currently effective at the time of such extension shall remain effective and be used thereafter. 3. The membership shall automatically terminate unless the member makes one or more payment of funds in the account or the drawer makes one or more withdrawal of funds from the account during the effective term, and the Service shall terminate upon expiration of the effective term. 4. In case of the provisions of Article 8.3, the Company shall invalidate the money-withdrawal card and freeze the member-dedicated bank account, and then refund the balance after deducting the termination fee for expiration of effective term as prescribed by the Company to the domestic bank account of the member. Provided, however, that the foregoing shall not apply if the Company is unable to make such refund due to the applicable laws and regulations or an order of the relevant authority or otherwise. If the balance of the member-dedicated bank account is less than the termination fee for expiration of effective term as prescribed by the Company, the whole amount of the balance shall be deemed as the termination fee for expiration of effective term as prescribed by the Company, and no refund shall be made. 5. In case the refund is made pursuant to Article 8.4, the Company shall give notice to the member describing the date of refund, refunded amount and other matters in the manner prescribed by the Company. 6. The termination date of the membership shall be the expiration date of the effective term of the membership. 7. The amount of the termination fee for expiration of effective term shall be set forth in Exhibit. Article 9 Notification of Change of Member Information and Drawer Information 1. The member shall immediately notify the Company in case of any change in the registered information as prescribed by the Company, such as the member s address, telephone number, e-mail address, domestic bank account information, purpose of money transfer, principal country or region where the withdrawal of fund is intended, or - 6/19-
the drawer s address, telephone number and others, in the manner prescribed by the Company, such as through the member-dedicated page. 2. Whenever the effective term of the membership is extended pursuant to Article 8.2, the member shall renew the purpose of money transfer in the manner prescribed by the Company, such as through the member-dedicated page, promptly after such extension. 3. The drawer may not withdraw funds from the account unless the member completes the renewal of the purpose of money transfer pursuant to Articles 9.1 and 9.2. Article 10 Method of Money Transfer 1. The member shall make payment in the member-dedicated bank account in the Japanese yen at any ATM, bank office counter or through the Internet banking of a financial institution in Japan, in the same manner as generally applied in case of making such payment in a bank account in Japan. 2. The transferred amount shall be the amount of the paid-in amount after deduction of the amount as prescribed by the Company such as the Service fee, registration fee, annual membership fee and other fees set forth in Exhibit. 3. The initial paid-in amount shall be as set forth in Exhibit. 4. The upper limit of the paid-in amount per such payment shall be three hundred thousand (300,000) yen. 5. The upper limit of the balance of the member-dedicated bank account shall also be three hundred thousand (300,000) yen. 6. In the event the total of the balance already in the member-dedicated bank account and the paid-in amount exceeds 300,000 yen, which is the upper limit of the balance, the Company shall give notice to the member in the manner prescribed by the Company and refund only the amount in excess of such 300,000 yen, after deducting the refund fee for exceeding the upper limit of the balance as prescribed by the Company, to the domestic bank account of the member. Provided, however, that if the amount in excess of the upper limit is less than the refund fee for exceeding the upper limit of the balance, the amount of such exceeding amount shall be deemed as the refund fee for exceeding the upper limit of the balance as prescribed by the Company, and no refund shall be made. 7. The Company shall give notice of completion of money transfer through a money transfer completion mail addressed to the e-mail address of the member. 8. The member shall immediately notify the call center of the Service if, after making a payment in the member-dedicated bank account, the member fails to receive the money transfer completion mail on or prior to the following business day of the financial institution used for such payment, or the transaction records available for view at the member-dedicated page indicate an amount which is different from the actual paid-in amount, or any similar event occurs. 9. Whether the payment in the member-dedicated bank account through the financial institution used by the member is acceptable or not, the operation date and time of the service of the financial institution for making payment in bank accounts, and the terms and conditions of the fees or other charges of the financial institution such as the money transfer fees shall be as prescribed by such financial institution. 10. The Company will not issue a money-transfer card dedicated for the Service. 11. The member may not use the Service for any purpose other than the purpose of money transfer as registered in the member-dedicated page. 12. The use of the fund transferred shall be limited to the living expenses and other personal payments of the drawer. 13. When the purpose of money transfer is to be changed, the member shall promptly register such change in the member-dedicated page. 14. The member shall agree to receive the notice of the matters to be described in the certificate of receipt in an electronic manner, in lieu of receiving the written certificate of receipt issued by the Company to the member when the member makes payment in the member-dedicated bank account. 15. The member shall not cause any third party other than the member himself/herself to make payment in the member-dedicated bank account. 16. If the member forgets the account number of the member-dedicated bank account, - 7/19-
he/she shall confirm the same at the member-dedicated page. 17. If the member has two or more member-dedicated bank accounts for his/her own use, he/she may not transfer the balance among such member-dedicated bank accounts. 18. The member may not assign or transfer the balance in his/her member-dedicated bank account to that of another member. 19. The member may not assign, pledge or hypothecate, or create any right on the member-dedicated bank account and the right to use the same to or for the benefit of any third party, or cause any third party to use the member-dedicated bank account. Article 11 Sending of Card Kit and Ownership, etc. of Money-withdrawal Card 1. The Company shall send the card kit to the member in the manner prescribed by the Company, after confirming the fact that the member has made the initial payment in the account after becoming a member of the Service. 2. The member shall deliver by hand or send the card kit to the drawer without fail at his/her own risk, after receiving the same from the Company. 3. The member may entrust to the Company the sending of the card kit to the drawer, in lieu of sending the same personally. In such case, the member shall make such request to the Company in the manner prescribed by the Company. 4. In case set forth in Article 11.3, and if the address of the drawer registered by the member is outside Japan, the Company shall receive the card kit sending fee as set forth in Exhibit in the manner prescribed by the Company. The card kit sending fee shall be non-refundable. 5. The drawer shall be unable to withdraw funds from the account unless the Company receives the card kit sending fee set forth in Article 11.4. 6. If the card kit having been sent to the drawer by the Company pursuant to Article 11.3 returns to the Company due to change of address of the drawer, unknown recipient or other reason, the Company shall send such card kit to the member who designated the drawer in the manner prescribed by the Company. The member shall send the card kit to the drawer at his/her own risk. 7. The ownership of the money-withdrawal card shall belong to the Company, and the Company shall confer to the member the right to use the money-withdrawal card and the right to lend such money-withdrawal card solely to the drawer, only during the effective term of the membership of the member. 8. The member and the drawer may not assign, pledge or hypothecate, or create any right on the money-withdrawal card and the right to use the same to or for the benefit of any third party, or cause any third party to use the money-withdrawal card. 9. The member shall cause the drawer to be fully informed, at the time the drawer receives the money-withdrawal card, of the right set forth in paragraph 1 of Article 12 (Withdrawal and Account Balance Inquiry by Drawer at Overseas ATM) of these Rules, and of the fact that the drawer only has the right granted by the Company on the basis of the lending of the member s right to use the money-withdrawal card, and the drawer has the same obligations hereunder as those of the member hereunder when using the money-withdrawal card. 10. The Company shall abandon the ownership of the money-withdrawal card and the member shall lose the right to use the same and the right to lend such card to the drawer upon occurrence of any of the following. (1) Expiration of the effective term of the membership (Article 8) (2) Resignation of the member from the membership for the convenience of the member (Article 26) (3) Revocation of the membership of the member by the Company as a result of the examination conducted by the Company (Article 27) (4) Termination of the Service by the Company (Article 28) (5) Re-issuance of a new money-withdrawal card (the provision of Article 11.10 shall apply to the former money-withdrawal card) (Article 14) Article 12 Withdrawal and Account Balance Inquiry by Drawer at Overseas ATM 1. By using the money-withdrawal card at an overseas ATM, the drawer may withdraw funds from the member-dedicated bank account in the currency handled by such ATM, - 8/19-
or make inquiry of the balance of such account. 2. The drawer may not withdraw funds from the member-dedicated bank account or make inquiry of the balance of such account in any country or region which is subject to regulations for money transfer prohibition under the applicable laws and regulations or as designated by the relevant authority. 3. The use of the fund withdrawn shall be limited to the living expenses and other personal payments of the drawer. 4. The upper limit of the amount the drawer is able to withdraw from the account at an overseas ATM at a time shall be the amount equivalent to one hundred thousand (100,000) yen when converted to the Japanese yen. The exchange rate used for the conversion shall be the rate prescribed by the Company. Notwithstanding the foregoing, the amount the drawer is able to withdraw at a time may be limited to less than the amount equivalent to 100,000 yen when converted to the Japanese yen, for the convenience of the financial institution having the ownership of or operating such ATM. 5. The standard performance period shall be within one (1) hour time. 6. It may take time or days over the standard performance period for the drawer to actually withdraw funds from the account due to reasons not attributable to the Company, such as the date, the day of the week or time on or at which the member makes payment in the account, the circumstances of the overseas ATM used by the drawer, the circumstances of the country or region, communications system failure, error in the line, laws and regulations or an order of the relevant authority, disaster or incidents. 7. The Company may send the money transfer completion mail to the cellular phone number of the drawer registered by the member, through international SMS service, at the request of the member. 8. The mail set forth in Article 12.7 is subject to delay or distribution error due to the condition of the cellular phone of the drawer (being out of service range; the power being off; short capacity of receiving mail box, etc.) or other circumstances including the failure or error in the communications lines or systems in Japan or overseas. The Company shall not be responsible or liable for any loss or damage incurred by the member or the drawer as a result of such delay or failure of mail delivery. 9. The Company shall deduct and receive the fees for withdrawal and account balance inquiry as prescribed by the Company from the balance of the applicable member-dedicated bank account each time the drawer withdraws funds or makes an account balance inquiry at an overseas ATM. 10. The fees for withdrawal and account balance inquiry shall be as set forth in Exhibit. 11. The Company shall deduct and receive the exchange fee as prescribed by the Company in addition to the amount withdrawn by the drawer each time the drawer withdraws funds at an overseas ATM. 12. The exchange fee shall be as set forth in Exhibit. 13. Depending on the overseas ATM used by the drawer or the country or region where such overseas ATM is located, the overseas ATM charges as prescribed by the relevant financial institution and/or the taxes and other charges imposed by the applicable laws and regulations of the country or region may be deducted from the balance of the member-dedicated bank account each time the drawer withdraws funds or makes an account balance inquiry. The details of such fees and taxes, including the amount thereof, shall be as prescribed by the financial institution used by the drawer. 14. The rough estimate of the amount withdrawn may be calculated at the Website. 15. The drawer is unable to make payment of funds in the member-dedicated bank account by using the money-withdrawal card. Article 13 No Change of Drawer 1. The drawer may not be changed under the Service. 2. If the member desires to make money transfer to another drawer, the member shall be required to make another application for the membership of the Service. Article 14 Re-issue of Money-withdrawal Card 1. The member or the drawer shall immediately and without undue delay give notice to - 9/19-
the Company in the manner prescribed by the Company in the event of a theft, loss, counterfeit, breakage or skimming of the money-withdrawal card or a withdrawal of funds by a third party or any similar event (hereinafter referred to as an Accident, etc. ). 2. The member shall promptly notify the Company in the manner prescribed by the Company whether the re-issue of the money-withdrawal card is necessary. 3. The Company shall invalidate the money-withdrawal card of which the Company has received the notice of an Accident, etc. within the period prescribed by the Company, while re-issuing the money-withdrawal card at the request of the member and sending the same to the member. 4. The Company shall collect and receive the money-withdrawal card re-issue fee as prescribed by the Company in the manner prescribed by the Company. Such re-issue fee shall be non-refundable. 5. The money-withdrawal card re-issue fee shall be as set forth in Exhibit. 6. The drawer shall be unable to withdraw funds from the account unless the Company receives the money-withdrawal card re-issue fee set forth in Article 14.5. 7. The member shall deliver by hand or send the money-withdrawal card as re-issued by the Company (hereinafter referred to as the re-issued card ) to the drawer without fail at his/her own risk, after receiving the same from the Company. 8. The member may entrust to the Company the sending of the re-issued card to the drawer, in lieu of sending the same personally. In such case, the member shall make such request to the Company in the manner prescribed by the Company. 9. The Company shall collect and receive the re-issued card sending fee as set forth in Exhibit in the manner prescribed by the Company, after the re-issue of the money-withdrawal card. Such fee shall be non-refundable. 10. The drawer shall be unable to withdraw funds from the account unless the Company receives the re-issued card sending fee set forth in Article 14.9. 11. If the re-issued card having been sent to the drawer by the Company pursuant to Article 14.8 returns to the Company due to change of address of the drawer, unknown recipient or other reason, the Company shall send such re-issued card to the member who designated the drawer in the manner prescribed by the Company. The member shall send the re-issued card to the drawer at his/her own risk. 12. The money-withdrawal card once invalidated shall not be re-used. Article 15 Inquiry of Balance and Transaction Records of Member-dedicated Bank Account 1. The member may inquire the balance and the transaction records and others of the member-dedicated bank account at the member-dedicated page, and the drawer may inquire the same at the drawer-dedicated page. Article 16 IDs and Passwords for Member-dedicated Page and Drawer-dedicated Page 1. The Company shall notify the member and the drawer of their respective login IDs and passwords for their respective dedicated pages in the manner prescribed by the Company. 2. The member may change the member s and the drawer s passwords freely at the member-dedicated page, and the drawer may change the drawer s password freely at the drawer-dedicated page. 3. The member and the drawer shall manage their respective IDs and passwords with the duty of care of a prudent manager, so that those IDs and passwords will not be disclosed or divulged to or illicitly used by a third party. Article 17 Personal Identification Number of Money-withdrawal Card 1. The Company shall notify the member of the personal identification number for the money-withdrawal card in the manner prescribed by the Company. 2. The member may change the personal identification number freely at the member-dedicated page. In such case, the member shall not choose such number as may be presumed easily by analogy by a third party. 3. The member shall notify the drawer of the personal identification number. The - 10/19-
Company will not give notice of such number to the drawer. 4. The member and the drawer shall manage the personal identification number with the duty of care of a prudent manager, so that such number will not be disclosed or divulged to or illicitly used by a third party. 5. In no circumstances will the Company or a contractor or subcontractor of the Company in relation to the Service or the like require the member or the drawer to disclose the personal identification number. 6. The money-withdrawal card is unusable in the event the member and the drawer have forgotten the personal identification number. If the member intends to continue the membership of the Service, the member shall be required to make a request for re-issuing the money-withdrawal card to the Company in the manner prescribed by the Company. Article 18 Service Fee 1. The Company shall deduct and receive the Service fee as prescribed by the Company from the paid-in amount each time the member makes payment of funds in the account. 2. The Service fee once deducted and received by the Company shall be non-refundable. 3. The Service fee shall be as set forth in Exhibit. Article 19 Registration Fee 1. The Company shall deduct and receive the registration fee as prescribed by the Company from the initial paid-in amount after becoming a member of the Service. 2. The registration fee once deducted and received by the Company shall be non-refundable. 3. The registration fee shall be as set forth in Exhibit. 4. The drawer shall be unable to withdraw funds from the account unless the Company receives the registration fee in the manner prescribed by the Company. Article 20 Annual Membership Fee 1. The Company shall deduct and receive the annual membership fees as prescribed by the Company in the following manner. Initial year: The annual membership fee shall be deducted from the initial paid-in amount after the member becoming a member of the Service. Second year and thereafter: The annual membership fee shall be deducted from the balance of the member-dedicated bank account on the business day immediately following the commencement day of the applicable effective term. If the balance of the member-dedicated bank account is less than the annual membership fee as prescribed by the Company, the annual membership fee shall be deducted from the first paid-in amount during the applicable effective term. 2. The annual membership fee once deducted and received by the Company shall be non-refundable. 3. Notwithstanding the provisions of Article 20.2, if, under the situation of Article 28 (Termination of Service) of these Rules, the membership of the Service is automatically extended during the period commencing on the day the Company notifies the member of the termination of the Service and ending on the termination day of the Service, the member shall be excused from the payment of the annual membership fee corresponding to such automatically extended term. 4. The annual membership fee shall be as set forth in Exhibit. 5. The drawer shall be unable to withdraw funds from the account unless the Company receives the annual membership fee in the manner prescribed by the Company. Article 21 Charges of Domestic Financial Institutions 1. When the member makes payment of funds in the account, the money transfer fees or other charges as prescribed by the domestic financial institution used by the member may be separately charged against the member. The details of such fees and charges, including the amount thereof, shall be as prescribed by the financial institution used by the member. - 11/19-
Article 22 Fees for Withdrawal and Account Balance Inquiry 1. The Company shall deduct and receive the fees for withdrawal and account balance inquiry as prescribed by the Company from the balance of the applicable member-dedicated bank account each time the drawer withdraws funds or makes an account balance inquiry at an overseas ATM. 2. The fees for withdrawal and account balance inquiry once deducted and received by the Company shall be non-refundable. 3. The fees for withdrawal and account balance inquiry shall be as set forth in Exhibit. Article 23 Exchange Fee 1. The Company shall deduct and receive the exchange fee as prescribed by the Company for conversion of the funds in the Japanese yen to the currency in which the funds are withdrawn by the drawer, in addition to the amount withdrawn by the drawer, each time the drawer withdraws funds at an overseas ATM. 2. The applicable exchange fee shall be the exchange rate as prescribed by MasterCard International, Inc., with which the Company is affiliated for the Service, plus the exchange fee as prescribed by the Company. 3. The exchange fee once deducted and received by the Company shall be non-refundable. 4. The exchange fee shall be as set forth in Exhibit. Article 24 Overseas ATM Charges and Taxes, etc. 1. Depending on the overseas ATM used by the drawer or the country or region where such overseas ATM is located, the overseas ATM charges as prescribed by the relevant financial institution and/or the taxes and other charges imposed by the applicable laws and regulations of the country or region may be deducted from the balance of the member-dedicated bank account each time the drawer withdraws funds or makes an account balance inquiry. The details of such fees and taxes, including the amount thereof, shall be as prescribed by the financial institution used by the drawer. Article 25 Early Refund of Balance of Member-dedicated Bank Account 1. A member may require early refund of the balance of the member-dedicated bank account to the domestic bank account in the manner prescribed by the Company. 2. The Company shall deduct and receive the early refund fee as prescribed by the Company from the balance of the applicable member-dedicated bank account each time the member instructs the early refund. 3. The member shall be unable to effect the early refund if the balance of the member-dedicated bank account is less than the early refund fee as prescribed by the Company. 4. The Company shall notify the member of the date of refund, the amount of the refund and other matters in the manner prescribed by the Company after completion of the instruction for early refund. 5. The early refund fee shall be as set forth in Exhibit. Article 26 Resignation from Membership for Member s Convenience 1. A member may resign from the membership of the Service at any time for whatever reason. 2. When the member resigns from the membership of the Service, the member shall take the resignation procedures in the manner prescribed by the Company. 3. The Company shall invalidate the money-withdrawal card upon receipt of the application for resignation, freeze the member-dedicated bank account and then refund the balance after deduction of the resignation fee as prescribed by the Company to the domestic bank account of the member. 4. If the balance of the member-dedicated bank account is less than the resignation fee as prescribed by the Company, the whole amount of the balance shall be deemed as the resignation fee as prescribed by the Company, and no refund shall be made. 5. The Company may be unable to make such refund due to the applicable laws and regulations, an order of the relevant authority or the like. - 12/19-
6. The Company shall notify the member of the date of refund, the amount of the refund and other matters in the manner prescribed by the Company if such refund is to be made. 7. The date of completion of resignation shall be the day the Company completes the refund to the domestic bank account of the member (excluding the cases of paragraphs 4 and 5 of Article 26) and gives notice to the member in the manner prescribed by the Company that the resignation is completed. 8. The resignation fee shall be as set forth in Exhibit. Article 27 Revocation of Membership through Examination by Company 1. The Company may revoke the membership of any member in the event the member or the drawer is found to fall under any of the following situations during the effective term of the membership. (1) The member or the drawer is dead or publicly deemed dead; (2) The member uses the Service by disguising the purpose of money transfer; (3) The drawer has withdrawn funds in a country or region to which any money transfer is prohibited under the Foreign Exchange and Foreign Trade Act and other applicable laws and regulations; (4) The Company decides that the member and/or the drawer is suspected to make suspicious transactions under the Act on Prevention of Transfer of Criminal Proceeds; (5) The Company decides that the membership of the member should reasonably be revoked on the ground of information obtained from public agencies, credit information of a financial institution or the like; (6) The revocation of the membership is required under the laws and regulations, an order of the relevant authority or the like; (7) The Company decides that the member falls under any of the situations set forth in items (1) through (13), paragraph 1 of Article 6 (Examination for Membership) of these Rules; (8) The member by himself/herself engages or causes the drawer or a third party to engage in a violent act of demanding, an unjust demand or claim beyond the legal and lawful liability, a threatening speech and behavior and violent act against the Company and/or other members, or an act of obstructing businesses or services or injuring the reputation of the Company or other members by spreading unfounded information; (9) The member or the drawer breaches these Rules and the User s Guide, and other matters presented in the Website; or (10) Otherwise the Company decides that the member is unqualified as a member as a result of the examination prescribed by the Company. 2. In the event of any of the situations set forth in Article 27.1, the Company shall invalidate the money-withdrawal card and freeze the member-dedicated bank account, and then refund the balance after deducting the termination fee for revocation of membership as prescribed by the Company to the domestic bank account of the member. 3. Provided, however, that the foregoing shall not apply if the Company is unable to make such refund due to the applicable laws and regulations or an order of the relevant authority or otherwise. If the balance of the member-dedicated bank account is less than the termination fee for revocation of membership as prescribed by the Company, the whole amount of the balance shall be deemed as the termination fee for revocation of membership as prescribed by the Company, and no refund shall be made. 4. In case the refund is made pursuant to Article 27.2, the Company shall give notice to the member describing the date of refund, refunded amount and other matters in the manner prescribed by the Company. 5. The date of revocation of the membership shall be the day the Company completes the refund to the domestic bank account of the member (excluding the cases of Article 27.3) and gives notice to the member in the manner prescribed by the Company that the membership is revoked. 6. The termination fee for revocation of membership shall be as set forth in Exhibit. 7. If a member is found to be dead or publicly deemed dead, a separate liquidation and other procedure shall be taken at the request of the heir of the deceased member, notwithstanding the provisions of paragraphs 2 through 6 of Article 27. - 13/19-
8. If the Company is unable to make such refund to the member due to unknown whereabouts of the member or cancellation of the domestic bank account or other, the right of the member to claim refund against the Company shall be forfeited due to the statute of limitations after lapse of ten (10) years from the day the fact that the Company is unable to make such refund, when the Company shall be released from the liability to comply with the claim for refund made by the member. Article 28 Termination of Service 1. In the event that the Company becomes unable to continue the Service for the convenience of the Company or due to the laws and regulations or an order of the supervising authority, or for other reason not attributable to the Company, the Company may terminate the Service, to which termination the members may not raise any objection. 2. If the Service is terminated for the convenience of the Company, the Company shall give notice to the members in the manner prescribed by the Company at least ninety (90) days prior to the day immediately preceding the termination date of the Service. 3. If the Company becomes unable to continue the Service due to the laws and regulations or an order of the supervising authority, the Company shall give notice to the members in the manner prescribed by the Company as soon as such an order is issued. 4. If the member resigns from the membership of the Service by reason of the termination of the Service, the provisions of Article 26 (Resignation from Membership for Member s Convenience) of these Rules shall not apply. 5. The Company shall suspend the withdrawal of funds by the drawers at an overseas ATM while freezing the member-dedicated bank account at 0:00AM (Japan Time) of the day following the termination date of the Service. 6. After the termination of the Service, the Company shall refund the balance of the member-dedicated bank account to the domestic bank account of the member in the manner prescribed by the Company. No fee shall be charged for such refund. 7. The Company shall give notice to the member describing the date of refund, refunded amount and other matters in the manner prescribed by the Company. 8. If the Company is unable to make such refund to the member due to unknown whereabouts of the member or cancellation of the domestic bank account or other, the right of the member to claim refund against the Company shall be forfeited due to the statute of limitations after lapse of ten (10) years from the day the fact that the Company is unable to make such refund, when the Company shall be released from the liability to comply with the claim for refund made by the member. Article 29 Protection and Use of Personal Information 1. The member agrees to each of the following with regard to the acquisition, use or provision of the personal information of the member as registered in the member-dedicated page (meaning the information on the attributes or other matters of the member as registered at the time of making an application for the membership, using the Service and making any change in said information; hereinafter the same shall apply). (1) The Company or a contractor or subcontractor of the Company in relation to the Service or the like may acquire and use such personal information for the provision of the Service. (2) The Company or a contractor or subcontractor of the Company in relation to the Service or the like may acquire and use such personal information for processing of operations of the Service. (3) The Company or a contractor or subcontractor of the Company in relation to the Service or the like may send advertising materials or transmit advertising e-mails to the members or otherwise announce their own businesses and services to the members for utilizing the same for rightful business activities. (4) The personal information may be provided to the financial institution or other having and controlling the member-dedicated bank accounts for the purposes set forth in items (1) through (3) above. - 14/19-