Article 1 (General Provisions; Scope)
Article 2 (Definitions)
- (1) “Services” means Pocket Concierge services (that provide tools and platform to facilitate the execution of service agreements (“Service Agreements”) between Users and participating restaurants or other restaurants) and its related services provided by us;
- (4) “Registered Restaurant” means a restaurant operator (individual or entity) that has registered to use the Services by agreeing to the terms and conditions separately established by us;
- (5) “Non-Registered Restaurant” means a restaurant operator (individual or entity) that has NOT registered to use the Services but Users request us to reserve a table;
- (6) “Applicant” means an individual, entity or organization, wishing to use the Services;
- (7) “User Registration” means the act by us of satisfactorily registering Applicants as Users, in order for the Users to use the Services according to the provisions of Article 3;
- (8) “Registration Information” means any information which we specify and collect from the Applicants and Users upon User Registration, any information which we deem as necessary and request from Userss during their use of the Services, and any information added or modified by Userss with respect to the above-mentioned information previously collected and/or requested by us;
- (9) “Content” means any information that is available to Users through the Services, including, but not limited to texts, images, video, audio, music and other audible sounds, graphics, software, programs, source codes, and other type of data;
- (10) “User ID” means a word or other string of characters used in combination with a Password to distinguish one User from another;
- (11) “Password” means a word or other string of characters used in combination with a User ID to distinguish one User from another;
- (12) “Company Website” means the website with the domain name https://pocket-concierge.jp/, which is operated by us to provide the Services, or if for any reasons there is a change to the domain and/or Contents, our Company Website after any such change; and
- (13) “Intellectual Property Rights” means copyright, patent right, utility model right, trademark right, design right and any other intellectual property rights, including the right to obtain and register any such right.
Article 3 (User Registration)
- Applicant Eligibility:
(1) Has obtained consent of a parent, guardian or legal representative if he or she is a minor (only for Applicants that are individuals);
(2) Has a valid email address;
(3) Not an existing User of the Services;
- We shall screen applications of Applicants in accordance with our standards and notify the Applicants of either approvals or denials. Applicants will become Users only upon our providing the Applicants with registration completion notices.
- We reserve the right to deny User Registration to any Applicant pursuant to Paragraph 1 of this Article, if any of the following items applies to the Applicant:
(1) Any or all of the Registration Information provided by the Applicant to us is found to be false, inaccurate or omitted;
(2) The Applicant is or has been suspended from using the Services as a result of termination of his or her account;
(3) The Applicant, who is a minor, adult ward of the state or person under curatorship or assistance, for which approval has not been obtained from his or her guardian, legal representative, curator or assistant;
(4) The Applicant was determined by us that such Applicant does not meet all of the eligibility criteria provided for in Paragraph 2 above;
(5) The Applicant was determined by us as (i)constituting an organized crime group or a member thereof, an anti-social group, or other similar person, group or entity (collectively referred to as “Antisocial Forces”), (ii) having interactions or involvements with Antisocial Forces, or (iii) assisting or being involved in the maintenance, operation or management of an Antisocial Forces by way of providing financial support or through other means;
(6) The Applicant has obtained multiple accounts for him or herself; or
(7) In addition to the foregoing, we deem the registration by the Applicant to be inappropriate for any other reason.
- Applicants and Users shall provide true and accurate information when providing User Information. We shall provide the Services to each User based on the Registration Information provided by each respective Users, and shall not be in any way be held liable for any loss or damage incurred by any User as a result of any false, misleading or incomplete information in their Registration Information.
- Users shall notify us of any change to their Registration Information within 14 days of such changes in a manner separately specified by us, and provide us with any relevant materials upon request.
- If any notices provided by us fail to reach a User on time due to reasons attributable to such Users’ non-compliance with the preceding paragraph, the notice provided by us shall be deemed to have reached the Users within the prescribed period of time.
Article 4 (Management of User ID and Password)
- Users are responsible for keeping and safeguarding their own User IDs and Passwords used for the Services in an appropriate manner. Users must not allow third parties to use such User IDs and Passwords. In addition, Users must not transfer, modify, sell or otherwise dispose of such User IDs and Passwords to third parties. Upon verification of a matching combination of a User ID and a Password, we shall deem that the User who has been registered as the holder of such User ID and Password has actually used the Services.
- Users shall be responsible for any loss or damage arising from their own inappropriate management or safeguarding of their User ID or Password, or from any unauthorized use of their User IDs and/passwords by third parties. We shall not be held liable in any way for such loss or damage.
- In the event Users discover the unauthorized use of their User ID and/or Password by any third parties, such Users shall immediately notify us to that effect and follow our instructions to resolve the matter.
Article 5 (Use of the Services)
- Users may use the Services within the scope and purposes specifically defined for the Services, in accordance with the procedures prescribed by us.
- Users shall enter into a Service Agreement directly with a Registered Restaurant (hereinafter collectively referred to as “Service Users”) in the manner separately established by us through using the Service.
- The purpose of the Service is to facilitate the execution of Service Agreements directly between Users and Registered Restaurants, and we will not become a party thereto.
- Users shall be charged a usage fee (“User Fees”) for their use of the Service upon execution of a Service Agreement with a Registered Restaurant through the Service. User Fees are not refundable. The terms and method of User Fees shall be as stipulated in Article 7.
- Users are responsible for making payments to Registered or Non-Registered Restaurants in accordance with the terms of the Service Agreements., Tthe terms and method of payments shall be as stipulated in Article 8.
- Users shall be charged User Fees for their use of the Service upon execution of a Service Agreement with a Non-Registered Restaurant through the Service. User Fees are not refundable. The terms and method of User Fees shall be as stipulated in Article 7.
- As a general rule, Service Agreements may not be modified or canceled once executed, and a cancellation fee in accordance with the Cancellation Policy may apply if a User does so nevertheless.
- In the event that a cancellation fee arose according to the preceding paragraph, we shall apply such cancellation fees to settlement charges when we reserve the settlement charges from such Users.
Article 6 (User Responsibilities)
Users shall be solely responsible for preparing and operating information and digital terminals, software, network connections and other network environments as needed for using the Services, at the Users’ expense and responsibility. We shall not be in any way involved in or responsible for such preparation or operation of any Users’ user environment in connection with the Services.
Article 7 (Payments from Users)
- Users are required to pay User Fees incurred by the payment deadline and through the payment means separately specified by us.
- The service charges and User Fees (“payments”) between a User and a Registered Restaurant upon the use of the Services will be billed directly from the Registered Restaurant to the User or through our payment settlement services on the Registered Restaurant’s consignment (“Settlement Services”), depending on the preference of Users.
- The terms and method of the payments for the Settlement Service shall be determined as follows:
(1) Upon the execution of a Service Agreement between a User and a Registered Restaurant, the User shall pay the payments to us by the payment deadline and through the method separately specified by us.
(2) Upon receipt of payments from a User, we will deduct the amount equivalent to the Registered Restaurant’s usage fees of the Service (“ Registered Restaurant Fees”) and transfer the remaining amount to the relevant Registered Restaurant in accordance with the conditions, terms and means separately prescribed by us. Such Registered Restaurant shall be responsible for any bank service fees associated with the transfer of payments
(1) We have confirmed that the Service Agreement has been terminated upon agreement by both parties;
(2) A party to the Service Agreement has delayed in performing any payment obligation or other obligations under the Service Agreement, and such obligations are not performed within 14 days of receipt of a notice in writing regarding such delay; (3) A party has not responded to a communication or notice from us or other parties for more than a week after the Service Agreement has been executed; or
(4) We have deemed that retaining any payments is inappropriate for any other reason.
- We shall not in any way be responsible for any troubles or problems arising in connection with payments between Users and Registered Restaurants after the payment and/or refund has been made.
Article 8 (Prohibited Acts)
Users shall not engage in any of the following acts on their own behalf or through third parties in connection with their use of the Services:
- (1) Any acts in violation of applicable laws and regulations, legal decisions, court orders, or other legally binding administrative dispositions, or any acts that encourage such violations;
- (2) Any fraudulent or threatening acts against us, Registered Restaurants or third parties;
- (3) Any acts that are or may be in violation of public order and morality;
- (4) Any acts that infringe or which are likely to interfere with Intellectual Property Rights, publicity rights, or the privacy, the reputation, or any other rights or benefits of ours, Participating Restaurants or of third parties;
- (6) Any acts of entering into Service Agreements with multiple Registered Restaurants for the same time frame (lunch or dinner) on the same date;
- (7) Any acts that are intended to transmit information to us, other Registered Restaurants or third parties, which consist of or is deemed by us to consist of any of the following:
- (i) Personal Information or any information violating the privacy of any individual;
- (ii) Information containing extremely violent, cruel or brutal expressions;
- (iii) Information containing computer viruses or other harmful programs;
- (iv) Information containing extremely obscene expressions;
- (v) Information containing racial expressions;
- (vi) Information containing expressions that may encourage suicide or self-injury;
- (vii) Information containing expressions that may encourage inappropriate use of drugs;
- (viii) Information containing antisocial expressions;
- (ix) Information requesting third parties to disseminate junk, spam or chain emails;
- (x) Information containing illegal solicitation or advertisements;
- (xi) Information containing disturbing expressions;
- (xii) Information intended for meeting strangers of the opposite sex; or
- (xiii) Any information similar or equivalent to any of the preceding items;
- (8) Reverse engineering;
- (9) Any acts that overload the network or system of the Services regardless of the means used;
- (10) Any acts that cause damage to us, such as unlawfully accessing any of the systems connected to the Services without authorization or modifying or deleting any information or data stored within our facilities;
- (11) Any acts that disclose or post erroneous data;
- (12) Any acts of assuming the false identity of us, Registered Restaurant, Non-Registered Restaurant or other third parties;
- (13) Any acts that make use of the User ID or Password of other Users or Registered Restaurants;
- (14) Any acts that promote, advertise, or solicit on the Services, or which are sales activities conducted on the Services, without the consent of us;
- (15) Any acts that provide benefits to an Antisocial Forces;
- (16) Any acts intended for meeting strangers of the opposite sex;
- (18) Any acts that would directly or indirectly trigger or facilitate any of the acts in the preceding items; or
- (19) Any other act deemed inappropriate by us.
Article 9 (Termination by Users)
- Users may terminate their use of the Services at any time by following the prescribed procedures; provided, however that this shall not apply if a User has any outstanding or unfulfilled obligations under this Agreement. Upon termination, such User will no longer be able to use the Services.
- Upon termination, any and all financial obligations then outstanding shall be accelerated and become immediately due and payable in full.
- Even when a User terminates his or her use of the Services, such User shall not be relieved of any responsibilities or obligations (including, but not limited to, compensation for damages) in regard to us or other Registered or Non-Registered Restaurants under relevant Service Agreements.
- Even if Users terminate their use of the Services, we may retain and continue to use such Users’ information provided by the User to us.
- We may, at our discretion, delete the account information of Users who have terminated their use of the Services, without giving any advance notice.
- If a User terminates the use of the Services but later decides to resume the use of the Services, such Users shall reapply to use the Services. Such User shall understand and agree in advance that when reregistering, any previous data attached to the Users’ previous User ID will not remain for continued use or be able to be recovered.
Article 10 (Breaches)
- If we deem that any of the following conditions apply or are likely to apply to any Users, we may, at our discretion, delete such User’s User Information, Device Information or Contents, temporarily suspend or restrict the use by such Users of the Services and/or delete such User’s account:
(2) All or part of the User Information provided by the User is found to have been false;
(3) The User has been found to be subjected to a stop payment, to be declared insolvent, to have a petition to commence bankruptcy proceedings, to have undergone civil rehabilitation, to have undergone special liquidation or to have undergone any equivalent procedures;
(4) The User has deceased or received a ruling for guardianship, curatorship or public assistance;
(5) The User has not responded to our communication inquiries or requests for responses, and 30 or more days have passed;
(6) The User is or has been suspended from using the Services, based on inappropriate use of the Services;
(7) The User is a minor or a person under guardianship, curatorship or assistance, and has not obtained consent from the User’s statutory agent, guardian, curator or assigned assistant;
(8) The User is involved with Antisocial Forces, engaging in the maintenance, operation or management of such Antisocial Forces such as by providing financing or funds;
(9) We deems that the deletion, suspension or restriction of the Services is necessary;
(10) The User has abused their ID or Password;
(11) The User has abused or misappropriated the information and goods provided through the Services;
(12) The User has not used the Services for 12 consecutive months;
(13) If we have determined that the User may cause harm to us or third parties; or
(14) We deem that the reasons similar to the above exist.
- Any suspensions of use shall not relieve such User of any responsibilities or obligations to compensate us or other third parties under relevant Service Agreements, including, but not limited to, compensation for damages.
- We will not in any way be held liable for any loss or damage incurred by Users as a result of our actions under this Article. We shall reserve the right to retain and continue to use any information provided by Users even after such Users’ accounts have been deleted.
Article 11 (Supervision)
Users hereby agree that we may, at our discretion, conduct monitoring of the Services to ensure appropriate use by Users.
Article 12 (Changes, Additions, Termination or Suspension of the Services)
- We reserve the right to make changes or additions to all or part of the Services without giving prior notice to Users.
- We reserve the right to terminate the provision or operation of all or part of the Services at our discretion, upon which event we will notify Users to that effect in a manner deemed appropriate by us; provided, however that such terminations may occur without notice in case of emergencies.
- In the event of any of the following, we shall be able to temporarily suspend all or part of the Services without giving prior notice to Users:
(1) Emergency or regularly scheduled maintenance or repair work is performed on the hardware, software or other network devices for the Services;
(2) System overloads due to increased usage or other unexpected reasons;
(3) There is a need to ensure the security of Users;
(4) Telecommunications providers do not provide services;
(5) Provision of the Services is rendered difficult due to a force majeure event;
(6) Provision of the Services is rendered difficult due to fires, power failures, accidents, wars, disputes, disturbances, riots, labor disputes, or such similar events;
(7) Provision of the Services is rendered difficult due to laws or regulations, or any dispositions made in accordance with such laws or regulations; or
(8) We deem it necessary to suspend the Services for any reason equivalent to any of the preceding items.
- We shall not in any way be held liable for any loss or damage incurred by Users as a result of our actions under this Article.
Article 13 (Collection, Analysis and Handling of User Information)
- Users hereby agree that we will, at our discretion, publicize or disclose the statistical data relating to Users’ Registration Information, Device Information and other data pertaining to Users that has been processed into a format that is not personally identifiable, for the purpose of providing, operating and improving the Services.
Name of Information Gathering Module/Provider
(i) Google Analytics / Google, Inc.
(ii) New Relic / New Relic, Inc.
Article 14 (Confidentiality)
(1) Any situation in which Confidential Information, before such Confidential Information has been disclosed by us, becomes publicly known through no fault of us;
(2) Any situation in which Confidential Information has not necessarily been disclosed but becomes publicly known through no fault of Users before or after disclosure;
(3) Information that is obtained from a third party authorized to make such disclosure without being bound to any duty of non-disclosure; or
(4) Information that is independently developed without reference to Confidential Information.
- Users shall use Confidential Information solely for purpose of the Services, and shall not publish nor disclose Confidential Information to any third party unless prior written consent is obtained from us. However, this provision shall not apply whenever disclosure is required pursuant to a court order or any applicable laws or regulations.
- Whenever Users need to reproduce, copy or adapt any Confidential Information, prior written consent from us shall be required to perform such modifications. Users must strictly manage such reproduced, copied or adapted materials in accordance with Paragraph 2 above.
- Upon request from us, Users shall immediately return or destroy any and all documentation or media containing Confidential Information in accordance with our instructions.
Article 15 (Damages)
- If Users cause damages to us by violating any provision hereof or through the Users inappropriate use of the Services, such User shall be responsible for compensating us for any such damage, including attorney or professional fees and any personnel expenses incurred by us.
- If we receive a claim for infringement from a Registered Restaurant, Non-Registered Restaurant or third party in connection with Users’ use of the Services, such Users shall compensate for any expenses incurred by us to compensate the damaged party and to resolve any dispute arising from such claim, including attorney fees or professional fees and any personal expenses incurred by the company.
- We will not be in any way responsible for any loss or damage incurred by any Users in connection with the Users making use of the Services. Even in the case when such loss or damage are related to or arising from our gross negligence or willful misconduct, the damages to be compensated by us shall be limited to the direct and ordinary damages actually incurred due to reasons attributable to us.
Article 16 (Disclaimer)
- Users shall make no warranty, guarantee, or representation that the Services are suitable to all communication devices. Users shall understand that some malfunctions may arise in the Services as a result of the OS updating the information device. In addition, we make no warranty, guarantee or representation that such defects or malfunctions will cease to exist.
- We shall not be in any way responsible for any loss or damage arising from or in connection with the Services, including any suspension, interruption, termination, unavailability or modification of the Services, deletion of any information provided by Users through the Services, deletion of any User’s account, breakdown of or damage to relevant devices and equipment, and damages arising as a result of some Contents provided by Users or third parties.
- We shall preserve Registration Information and Device Information securely in the cloud storage system we deem as credible and reliable. However, this shall not be construed as our guarantee of the safety and reliability pertaining to the storage system. We will not be in any way responsible for any loss or damage arising from any deleted or lost data.
- If any dispute arises between Users and any third parties, in connection with the Services, such User shall immediately notify us of that effect and resolve the matter at the User’s own expense and responsibility, and we shall not be in any way involved or responsible thereof.
Article 17 (Term)
Article 18 (Amendments)
Article 19 (Notices)
- Any inquiries regarding the Services and any communications or notices from Users to us shall be made using the inquiry form on our Company Website, or by way of other means as designated by us.
- We may, from time to time, send advertisements and/or promotions to Users regarding the Services to email addresses registered by the Users.
Article 20 (Non-Assignment)
- Unless prior written consent is obtained from us, Users shall not assign or pledge as security any title or right hereunder or under any User Agreement (including transfers by general succession through a merger or a company split) to any third party, whether in whole or in part.
- Users hereby agree in advance that in the event that we transfer our business related to the Services, we shall be able to transfer our title, rights, obligations, registered information and other information pertaining to Users. Any transfers of business as provided for in this paragraph shall include mergers through which we are dissolved, absorbed or spun off; or any split-ups of us under which we become the general successor.
Article 21 (Severability)
Article 22 (Survival)
The provisions of Paragraph 5 of Article 7, Paragraphs 2 through 6 of Article 9, Paragraphs 2 and 3 of Article 10, Paragraphs 2 and 4 of Article 12, Article 14, Article 15, Paragraphs 4 through 6 of Article 16, this Article 22, Article 23 and other provisions which by its nature should survive the termination of any relevant User Agreement shall survive the termination of any relevant User Agreement.
Article 23 (Governing Law and Jurisdiction)
Article 24 (Consultation)
Established: December 12, 2012
Amended: June 30, 2014
Amended: September 3, 2014
Amended: August 26, 2015
Amended: December 2, 2015
Amended: June 10, 2016
Amended: October 19, 2016
Amended: December 27, 2016