Customer Agreement on PowerForm

This Customer Agreement sets forth the Bank's handling of business in the case where customers who are using PowerFlex Account (hereinafter the “Users” or, as the case may be, the “User”) use services which are provided through PowerForm.

Article1 Overview of Service

• PowerForm (hereinafter, the “Service”) consists of services/transactions prescribed by the Bank, including those listed below which are related to PowerFlex Transactions and other transactions/services the Bank provides to individual customers, wherein the User himself/herself accurately enters the transaction details by the Bank-prescribed method after undergoing the Bank-prescribed identification procedures, by using computer devices (including devices prescribed by the Bank which can be connected to and allow Users to browse on the internet (e.g., smartphones); hereinafter the same shall apply.) Provided, however, that depending on the type and function of the device, the Service is not available for some services and transactions. Moreover, for some services/transactions, certain conditions prescribed by the Bank have to be met or some separate procedures prescribed by the Bank have to be taken for the Service to be made available.
  • ① Inquiries to the Bank and the Bank's response thereto
    • 1. Answers to the User's questions asked through the Service by the User making character entries
  • ② Guidance on details of products/services
    • 1. Guidance on details of products/services provided by the Bank
  • ③ Inquiries on balance and transaction details
    • 1. Various inquiries prescribed by the Bank, including balance inquiries and inquiries on transaction details related to the Customer's PowerFlex Account (including accounts dedicated to card loans; hereinafter, the “User Account”)
  • ④ Placing of time deposits prescribed by the Bank, etc.
    • 1. Transfer of funds to two weeks maturity deposits or other time deposits:
      Transactions whereby funds are withdrawn from the yen savings deposit account of the User Account and transferred to two weeks maturity deposits or other yen time deposits.
    • 2. Change of method for extending maturity of or cancellation prior to the maturity of two-week deposits or time deposits:
      Transactions whereby the method for extending maturity of the two weeks maturity deposits or yen time deposits of the User Account is changed and when approved by the Bank, transactions whereby two weeks maturity deposits or yen time deposits of the User Account are cancelled before maturity and the funds are deposited in the yen savings deposit of the same account.
  • ⑤ Service for making changes
    • 1. Accepting the Bank-designated procedures for making changes, such as changing the daily ceiling on withdrawal amounts, the daily ceiling on remittance amounts, deregistration or changes to the PowerDirect smartphone verification service, or confirming/changing the account credit/debit entry amounts.
  • ⑥ Service for accepting reports on lost cards/seals and re-issuance:
    Service for accepting reports on lost cash cards or seals and accepting procedures for their re-issuance.
  • ⑦ Service for cancellation procedures:
    Handling of procedures for cancelling PowerFlex Transactions, provided that there is no balance in the User Account except for the balance of the yen savings deposit:
    • 1. Principal and accrued interest on the yen savings deposit and accrued interest on the foreign currency shall be paid by the Bank-prescribed method within the period as prescribed by the Bank. Furthermore, the interest accrued on the foreign currency savings deposit shall be paid after exchanging to yen currency at the Bank-designated foreign exchange rate.
• In order to apply for the services/transactions under the Service, the Customer must enter the details of services/transactions in the Bank-prescribed method after undergoing the identity confirmation procedures set forth in Article 4. When the User has failed to provide notice on change of his/her address, making it difficult for the Bank to know the User's address, the User must provide the Bank with notice on change of address before applying for services/transactions. The User shall abide by the following provisions for each of the following services/transactions.
  • ① When accepting the Bank-designated time deposits, the Bank will accept such applications only after the User has provided details of such requests and undergone the Bank-prescribed procedures for confirming the applicant's intention. The transaction shall be finalized after the Bank has accepted the application and the funds are debited from the User's account. If the funds cannot be withdrawn, the Bank shall deem that no such request was made and forgo proceeding with the transaction.
• Inquiries on the Service details shall be accepted at the Bank's contact center.
  • ① The Bank will provide notice on the details of the Service, such as creation of a time deposit, by the Bank-prescribed format/method, such as monthly account statements, at the Bank-designated timing. The User is requested to confirm the transaction details thereby.
  • ② Regarding the preceding Paragraph, the User is requested to contact the Bank's contact center immediately if the transaction details are unclear or in the absence of such notice.
  • ③ Regarding the preceding Paragraph, the Bank's electromagnetic records, etc. will be treated as valid when any doubts on transaction details arise between the User and the Bank.
• In this Service, the Bank will neither accept nor provide answers to any of the following requests/inquiries:
  • ① Requests/inquiries irrelevant to the Bank's transactions/services for individual customers and requests/inquiries beyond the Bank's business scope.
  • ② Requests/inquiries that cannot be responded to in light of the laws and regulations applicable to the Bank, the Bank's self-imposed regulations, administrative guidelines or instructions and other rules that the Bank should comply with.
  • ③ Requests/inquiries that have been judged by the Bank that cannot be accepted or responded to the User appropriately, in addition to the requests/inquiries provided in the preceding items.
  • ④ Even in instances where applications for services/transactions are accepted, the Bank will forgo providing services/transactions when it becomes difficult for the Bank to confirm the User's intention due to, for example, occurrence of communication problems prior to finalizing the service/transaction. In such instances, the Bank will deem that no such application for service/transaction was submitted.
• The Bank shall not affirm that the Bank responds to inquiries and provides information and other services/transactions certainly and swiftly. The Bank may terminate responding to inquiries and providing information and other services/transactions from the Bank when the Bank has judged that it is not appropriate to maintain the Service, in addition to the cases stipulated in the preceding Paragraph and Articles 8 and 9.

Article2 Consent to the Customer Agreement

The User shall use the Service after fully understanding the details of and accepting the provisions of this Agreement. The Service cannot be used unless the User has agreed to the provisions of this Agreement.

Article3 Service Hours

Service hours shall be prescribed by the Bank, and such hours may differ according to the details of requests or inquiries. Provided, however, that the Bank may change the service hours without any prior notification to Users when it is unavoidable to do so due to, for example, IT system maintenance/failure.

Article4 Identity Confirmation

• When using this Service, the User is required to enter the 3-digit branch code and the 7-digit account number (hereinafter, the "Account Number"), the personal identification number, the registered telephone number, his/her month and date of birth (four digits) and other Bank-designated items by the Bank-designated method using a computer device. When the Bank confirms the entered Account Number, month and date of birth (four digits) and other Bank-designated items to be correct, the Bank will deem that the individual who has entered those numbers or letters is the User himself/herself and shall provide the Service.
• If the Bank provides the Service after confirming that the Account Number, month and date of birth (four digits) and other Bank-designated items entered via a computer device by the Bank-designated method match the Account Number, month and date of birth (four digits) and other Bank-designated items registered with the Bank for the User Account, the Bank shall not be held liable for any damages caused by these unauthorized use of the information or other incidents.
• . The personal identification number is a crucial element for confirming the User's identity in this Service. Accordingly, the personal identification number should be strictly maintained confidential at the responsibility of the User and handled carefully to avoid disclosure, loss or theft. If the User suspects any theft of the personal identification number, he/she shall immediately contact the call center, to which he/she will be connected via the telephone number designated by the Bank as "PowerCall."
• If erroneous entries are made for the personal identification number, the registered telephone number, the month and date of birth (four digits) or other Bank-designated items for a prescribed number of times, this Service and other Bank-designated services shall be suspended. In order to re-commence the suspended services, the User must change the personal identification number by the Bank-designated method or take the necessary procedures to release the suspension.

Article5 Prohibited Acts

Irrespective of the reasons, the User shall not conduct the acts stipulated in the following items and shall not have third parties conduct the acts.

• In using the Service, acts that violate the rights and assets of the Bank, other Users or third parties or acts that may violate the rights and assets of the Bank, other Users or third parties.
• In using the Service, acts that slander the Bank, other users or third parties, or slander the products and/or services of the Bank, other users or third parties.
• Using the Service by disguising himself/herself as the Bank, other Users or third parties.
• In using the Service, acts that are against social norms or violate laws/regulations, criminal acts, acts that lead to criminal acts, or any acts that are feared to fall within the purview of such acts, or providing harmful, pornographic or violent information or information, etc. including such expressions.
• Acts that hinder the operations under the Service or acts that damage the Bank's credit standing.
• Use of this Service beyond the scope stipulated in Article 1.

Article6 Exemption of Liabilities

• When, in using the Service, there is incorrect information in the information entered by the User or in the information entered by the Bank based on the declaration from the User, the Bank shall not be liable for the damages incurred in the procedures based on the information excluding causes imputable to the Bank.
• In addition to the damages stipulated in the preceding Paragraph and the provisions on exemptions from liability set forth in the Bank's various customer agreements, such as the Customer Agreement on PowerFlex Transaction and the Customer Agreement on Yen Deposit of for PowerFlex Account, the Bank shall not be liable for any damages resulting from the following events:
  • ① Delay or discontinuation of the Service or any errors or omissions in the information communicated by using the Service caused by reasons not attributable to the Bank, such as natural disasters, riots, strikes and actions of judicial or other public entities;
  • ② Delay or discontinuation of the Service or any errors or omissions, etc. in the information, etc. sent by using the Service caused by failures in telecommunication devices, telecommunication lines, computers, etc. or the information transmission system using them, notwithstanding reasonable safety measures taken by the Bank;
  • ③ Leakage of personal identification number or information, etc. sent by using this Service caused by interception on the communication routes such as the telephone lines and exclusive telephone lines;
  • ④ Delay or discontinuation of the Service or any errors or omissions in the information, etc. sent by using the Service caused by the access provider, the operating system or the viewing software;
  • ⑤ Occurrence of any disturbances such as computer viruses or other incidents related thereto, notwithstanding reasonable safety measures taken by the Bank;
  • ⑥ Occurrence of any disturbances in the User's computer devices or in the information or software with which the User received the information, where such disturbances are not attributable to the Bank, such as being caused by the User's willful misconduct or negligence.

Article7 Matters to be Noted in Using the Service

• In providing the Service, the Bank will use the telephone number verification system based on short message service (hereinafter, “SMS”) for conforming the User's identity. The Bank will send messages to the User's registered cellphone number via SMS. Accordingly, the Service is available only to the Users who have agreed to receiving messages from the Bank via SMS.
• The Service is available only to the Users who have satisfied the Bank-designated conditions and only via the Bank-designated computer devices that are in a predetermined operating environment. The computer device to be used for this Service shall be prepared at the expense of the User himself/herself and under his/her own responsibility. The computer device to be used for this Service shall be maintained in an environment suited to utilization of the Service.
• Details of communication exchanged between the User and the Bank under the Serive Service shall be recorded by the Bank in some instances, in which case such records will be retained, for a reasonable period, by a third party to whom the Bank has outsourced storage, processing and sending of information. When the Bank outsources such operations to a third party, the Bank will appropriately supervise the third party in its management of information.
• The User shall comply with the Foreign Exchange and Foreign Trade Act and other related laws and regulations related to export and import (including all laws and ordinances, etc. based on Japanese laws and foreign countries' laws) and shall obtain all permissions and approvals (hereinafter, “Permissions and Approvals, etc.”) under the User's responsibility. The User shall not use the Service outside Japan without obtaining the needed Permissions and Approvals, etc. The User shall resolve all issues that have occurred through violations of the provisions in this Paragraph under the User's responsibility.

Article8 Termination, etc.

• This Service shall be deemed to be cancelled when the User's PowerFlex account is cancelled.
• The User may suspend the use of this Service at any time by making such request in the Bank-designated method.
• When any of the following events occurs, the Bank may suspend this Service at any time without any notice to the User.
  • ① The User has violated the provisions of Article 5.
  • ② Limitation has been placed on all or part of the User's PowerFlex Transactions.
  • ③ If any notice for provisional attachment, preservative attachment or attachment order is issued concerning the User's deposit or any other claims the User has against the Bank;
  • ④ If succession procedures are commenced;
  • ⑤ If the whereabouts of the User becomes unknown to the Bank due to, for example, the User's omission to notify its change of address;
  • ⑥ If the User's place of work is changed to a foreign country or if the User will be abroad for more than half of the year;
  • ⑦ If there occur any other material events, such as fear of misuse, under which it is unavoidable for the Bank to suspend the Service.

Article9 Amendments to the Service Details or Suspension/Termination of the Service

• The Bank may amend the details of the Service at any time without any consent from or notice to the User.
• When any of the following events occurs, the Bank may terminate or suspend this Service at any time without any prior notice to the User.
  • ① When conducting regular or urgent operations for maintenance, inspection, repair or modification purposes for the IT systems related to this Service and other services;
  • ② When it becomes difficult for the Bank to provide this Service and other services due to fires, power shortages or natural calamities, such as earthquakes, eruption, floods and tsunamis;
  • ③ When it becomes difficult for the Bank to provide this Service and other services due to, for example, war, social disorder, riots, civil commotions or labor disputes;
  • ④ When it becomes difficult for the Bank to provide this Service and other services due to, for example, destruction or obstruction of the Bank's IT systems by a third party (including alteration/destruction of data or source codes);
  • ⑤ When the Bank decides that it is necessary to terminate or suspend the provision of this Service and other services for business reasons.

Article10 Amendments to Customer Agreement and Mutatis Mutandis Application of the Provisions of Other Customer Agreements

• If it becomes necessary to change or amend this Customer Agreement due to amendments to applicable laws or ordinances, direction of the competent regulatory body, change in monetary situations or any other causes or if the necessity of the amendment is recognized due to the Civil Code or other laws and regulations, the Bank may do so by informing the contents of the amendments through methods such as using the internet, posting in the Bank's offices and sending postal mail. After the amendment, customers are requested to comply with the amended Customer Agreement.
• Any matters related to the Service which are not set forth in this Customer Agreement shall be handled in accordance with other customer agreements of the Bank, such as the "Common Customer Agreement on PowerFlex Transactions" and the "Customer Agreement on Yen Deposit for PowerFlex Account."