Terms of Use for Shokuoku

This agreement defines the terms and conditions for the use of this service, which is operated by the company.

Article 1 (Definitions)

Words and phrases used in these Terms of Use are defined as follows.
(1) Agreement Terms of Use for Shokuoku
(2) Company Shokuoku Co.
(3) Service A generic term for the various services provided by the company on the website.
(4) Website https://shokuoku.com
(5) Users Those who use the service (including successful bidders).
(6) Successful Bidder A person who wins a bid for a product on the Service.
(7) Products Subject to auction in the service.
(8) Cooperating Restaurants Restaurants that participate in the auction
(9) Intellectual Property Rights Intellectual property rights, including those outlined in Articles 27 and 28 of the Copyright Act, industrial property rights like patents and trademarks, and other rights.
(10) Antisocial forces Boryokudan (organized crime groups), members of the Boryokudan, individuals for whom five years have not passed since they ceased to be members of the Boryokudan, quasi-constituents of the organized crime groups, businesses connected to the organized crime groups, general assmblymen, etc., socially motivated groups, special intelligence violent groups, or other people with a similar background.
(11) Equipments Communication lines, software, etc.
(12) Confidential information Personal information, customer information, corporate information, and all other information.

Article 2 (About this Terms of Use)

1. These Terms of Use apply to all users.
2. Users may not use the site or the service if they do not agree to these Terms of Use.
3. Users of the service, whether individuals or corporations, are deemed to have agreed to these Terms of Use at the time of application for registration or use of the service.
4. This agreement's contents are subject to modification as needed, and any such modifications will be notified by email, website posting, or other methods. Changes to these Terms of Use must be made, according to Article 548-4 of the Civil Code.When using the service, please refer to the most recent Terms of Use.
5. In addition to the Terms of Use, the website displays information on how to use the service and matters that users should be aware of. These are also deemed to be a part of the Terms of Use.
6. Please read these Terms of Use carefully before using the service.
7. These Terms and Use should be applied to standard form transactions between the company and the user as the standard form contract.

Article 3 (Contents and Usage Instructionsof the Service)

1. We will sell the right to reserve a specific number of seats at a cooperating restaurant on a specific date and time as the Service in the form of an auction product.
2. Users must participate in the auction in accordance with the website's and these Terms and Use, and when they win the auction, they are responsible for paying the fee as the successful bidder.
3. The product is the right to make a reservation at the cooperating restaurant, and a separate fee will be charged if the user use the restaurant after making a reservation.
4. Users must use the service in accordance with the Terms and Use and all applicable laws and regulations, including the Personal Information Protection Law, the Copyright Law, the Civil Code, and the Commercial Code.
5. The user is entirely in charge of how they use the service. Except in specifically stated cases, the company will not be liable for any use of the service by the user.

Article 4 (Registration)

1. A person who would like to use the Service must register himself/herself upon application to start using the Service.
2. The company will determine how to notify ID, password, name, and other information when submitting a registration request. False applications will not be accepted.
3. Upon approval of the registration application, the user and the company will enter into a contract for the use of this service, which includes these Terms of Use.
4. If any of the registered information changes, the user must update their information according to the company's prescribed procedure.The company will not be liable for any disadvantages incurred by the user due to failure to make such changes.
5. If the company determines that a user fits into any of the following categories, it may cancel the user's registration:
(1) The user does not meet the requirements set forth by the company for registration screening.
(2) The user does not have the permission of a legal representative, guardian, curator, or assistant and is a minor, an adult ward, a person under curatorship, or a person receiving help.
(3) If there is any false information in the registration application.
(4) If the applicant has violated these Terms of Use in the past
(5) In any other situation that the company deems inappropriate for the registration to be approved.
6.We are under no obligation to disclose the reason to the user for any of the actions described in the preceding point.

Article 5 (Management of Password)

1. Users should manage their own ID and passwords carefully at their risk so as not to divulge them to any third party.
2. The ID and password may be used only by the user himself/herself, and may not be transferred or lent to any third party.
3. The owner of the ID and password should be held accountable for any acts performed using them; the company declaims all liability in this regard.
4. Please contact us immediately if your ID has been used without your consent or if your ID or password has benn disclosed to a third party.

Article 6. (Successful Bid and Payment)

1. The products will be auctioned off by the company for a specific period, and the successful bidder will be the person who sets the highest bid price.
2. The successful bidder should be obligated to pay the company the price of the successful bid and a price equivalent to 20% of the successful bid as an administration fee.
3. The successful bidder should pay the successful bid price and the successful bid administration fee by credit card within twenty-four (24) hours after the successful bid.
4. At the moment the payment described in the previous sentence is finished, the successful bidder will be assumed to have made a reservation at the cooperating restaurant according to the specifics of the product.
5. If the successful bidder does not pay the price of the successful bid by the designated deadline, the company may cancel the successfl bid of the successful bidder and re-auction the product to another user. In such case, the successful bidder who has been canceled will be required to pay to the company the price of the successful bid as a penalty based on the default of payment.

Article 7.(Cancellation)

1. The successful bidder may not cancel the successful bid for the products.
2. The successful bidder should obtain an appointment at the cooperating restaurant based on the product. If the successful bidder cancels the reservation at the cooperating restaurant (including a situation in which the successful bidder chooses not to use the cooperating restaurant without followig the cancellation policies, regardless of the reason, such as bad weather, transportation issues, or physical condition). According to the restaurant's cancellation policy, users are required to pay the cancellation fee. Payment shall be made by credit card.
3. The successful bidder must inform the company of the specifics of any cancellations made to reservations made at the cooperating restaurant.

Article 8 (Prohibited Matters)

1. Users are prohibited from any of the following acts.
(1) Actions that violate these Terms of Use.
(2) Acts that violate or may violate laws and regulations
(3) Acts that infringe or encourage infringement of the rights of third parties.
(4) Acts that the company deems to be interference with the service or server.
(5) Acts that offend public order and morals.
(6) Acts that provide benefits to antisocial organization.
(7) Other acts that the company deems inappropriate.
2. The company may, at its discretion, suspend or terminate the provision of the service to the user,delete the registration, delete data from the company's servers, etc, if it discovers that the user has committed any of the prohibited acts listed above or if the company determines that such a prohibited act exists. Any loss or damage incurred by the user shall not be the responsibility of the company.

Article 9 (Users' Responsibility)

1. Users are required to use the service at their own risk and to guarantee to the company that their use does not violate any third parties' intellectual property rights.
2. Despite the terms of the previous sentence, if a problem arises in connection with the use of the service, the user should resolve the problem at the user's own expense and responsibility, and the company will not be held liable. However, this excludes cases where the reason for the problem is due to our company's intentional or grossly negligent acts.
3. Users must obtain backups of data related to the use of the service on their own responsibility. The company will not be liable for data loss due to failure to obtain backups.
4. If a user causes damage to the company through the use of the service, the user should compensate the company for said damage (including attorney fees).
5. If a user causes damage to a third party by using the service, the user should compensate for the damage at the user's own expense and responsibility, and the company will assume no responsibility. In this case, if we receive a claim for damages from a third party, the user should compensate us for the amount of damages and costs (including attorney fees).
6. To make use of the service, users must be connected to the internet. Equipment and other requirements for using the service must be prepared by users at their own cost and responsibility.
7. The preparation, installation, or use of the equipment mentioned in the preceding sentence will not be guaranteed by the company, nor will it be assisted in any way. Additionally, the company does not guarantee that the service will work with any specific types of equipment, etc.
8. Users should be aware that they can traverse through different networks and devices while using the service, and that depending on the type of network or device linked to the service, the contents of data, signals, etc. may be adjusted in order to connect to or pass through them.

Article 10 (Disclaimer)

1. The company gives the contents of the service adequate attention, but not the contents of the product. Regarding the accuracy, completeness, currency, or usefulness of the service's contents, the company, however, provides no warranties. The user's exclusive discretion governs whether they use the service.
2. The company does not guarantee that any data placed on the website will be stored or that using the website will be unaffected by malware or viruses. This website is used at the risk of the user.
3. Any issues that may develop about the service between users or between users and third parties (including cooperating restaurants) will not be the responsibility of the company, except when the company has been intentionally or obviously negligent.
4. The company will not be liable for indirect damages, such as lost profits, as well as direct damages brought on by events such as natural disasters or other factors that are not within its control. This does not, however, apply in circumstances of willful or flagrant carelessness on the part of the company.
5. If these Terms and Use constitute a consumer contract under the Consumer Contract Act, the provisions of these Terms and Use that completely exclude our liability for damages shall not apply.

Article 11 (Advertisements)

1. On the service, we may display advertisements for our business or those of third parties.
2. Users and advertisers who post advertisements on the service are responsible for conducting any transactions between them. The company disclaims all responsibility for any harm brought on by advertisements displayed on the service or by the posting of such advertisements.

Article 12 (Intellectual Property Rights)

The company or other third parties with legal rights are the owners of all intellectual property rights relating to the website and the service. Users are requested to use the service in a way that respects the other users', the company's, and third parties' rights.

Article 13 (Suspension or Termination of Service, Change of Contents, and Termination)

1. The company may temporarily suspend or terminate the service without prior notice or approval of the user where the company deems it necessary for the installation of equipment essential for the functioning of the service, for system maintenance work, or due to force majeure such as natural disasters.
2. The company may, in its discretion, modify or terminate part or all of the service with prior notice to the user.
3. The company will not be liable for any losses incurred by the user in the event of the foregoing two sentences. However, if all services are permanently cancelled, the company will return all amounts that have been paid for the terminated services.

Article 14 (Deregistration)

1. If a user wants to cancel their registration, they must notify the company in the way that is specified by the company.
2. The company is not going to refund any payments paid, regardless of the cause for cancellation of registration.
3. If the company discovers that a user has engaged in any of the following behaviors, it may immediately and without notice cancel the user's registration.
(1) When it is discovered that certain conditions, such as false information in the registration content, will not be permitted during the registration application stage.
(2) If there has been gross negligence or betrayal.
(3) When there is a suspension of payment, or a petition for provisional seizure, foreclosure, auction, commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, or commencement of special liquidation.
(4) If the transaction is suspended by a clearing house.
(5) When there is a disposition for delinquent payment of taxes and public dues.
(6) If there is any other significant incident that makes it difficult to continue with these Terms of Use or individual contracts and is similar to any of the preceding circumstances.
4. The company may terminate the registration if the user violates any term of these Terms of Use that does not come under one of the items listed in the previous section and the violation does not get corrected after an adequate period of notice.
5. The registration may be terminated if the company or the user violates any Terms of Use that does not fall under one of the categories listed in the previous sentence.
6. After deregistering, a user must go through the registration process all over again if they want to reregister. The user should be aware that when they finish the re-registration process, no previous data will be transferred.

Article 15 (Confidentiality)

1. The company and the user should treat any confidential information disclosed or provided by the other party in connection with the use of this service with the care of a good manager, and shall not use it for any purpose other than the purpose of this service, disclose it to any third party, or provide it to them without the other party's prior written consent. However, this shall not apply to confidential information, excluding personal information and customer information, that falls under any of the following items:
(1) Information that has been made public, whether through disclosure, provision, or both.
(2) Information that, at the time of disclosure or provision, was already in the person's possession.
(3) Information obtained independently without disclosure or provision.
(4) Information that was legally obtained from a third party with proper authorisation without being subject to any confidentiality obligations.
2. Despite the terms of this article, we may reveal confidential information to an administrative or judicial agency upon request if we have taken the steps listed below.
(1) If the company receives such a request, it will promptly notify the user in writing.
(2) Disclose only a part of the confidential information that is legally required to be disclosed.
(3) Make every effort to make sure that any confidential information it discloses is handled with care.
3. Even when the service is terminated, the obligation to maintain confidentiality under these terms will continue.

Article 16 (Collection, Analysis, and Handling of Information on Users)

1. For the purposes of information distribution, statistics, and other services offered by the company, or for the purpose of disclosing such information to third parties, the company may use registration information, device information, and other information regarding users in a form that cannot personally identify the user.
2. To gather data on the use of the service and to better understand how it is being used, we make use of Cookie and other data collection tools. Regarding these information gathering modules, please refer to each provider's Terms of Use, Privacy Policy, etc.
3. Except in cases of willful misconduct or gross negligence on the part of the company, the company will not be liable for any harm brought about by the use of information collection modules such as Cookie.

Article 17 (Exclusion of Anti-Social Forces)

1. The company and users must declare and guarantee that they do not currently and in the future fall under any of the following categories.
(1) Being a member of antisocial organization.
(2) Being involved in a situation where antisocial organizations are thought to be in charge of the organization's management.
(3) Has a connection that makes it appear as though antisocial organizations have a significant role in the company's administration.
(4) Participating in a relationship that is thought to involve the unjustified use of antisocial organization, such as to pursue unfair financial gain for oneself or another party or to cause harm to a third party.
(5) Being associated with an organization that is considered to be antisocial, such as by giving them funds or other advantages.
(6) A government official or someone who plays a significant role in the company's management has a morally repugnant connection to an antisocial organization.
(7) To use force, intimidation, threats of violence, unreasonable demands that go beyond what is permitted by law, or to smear others' reputations or disrupt their business by spreading rumors or misinformation about them in order to benefit oneself or a third party.
2. The company or the user may, without prior notice, suspend the provision of services, immediately terminate all service contracts, and demand compensation for any damages incurred if it is determined that the other party has violated the representations and warranties in the preceding paragraph and qualifies for any of the items in that paragraph. The company may also ask for compensation for any damages.

Article 18 (Assignment of Rights and Contractual Status)

1. Except with the previous written consent of the company, the user is not permitted to assign, sublease, inherit, pledge as collateral, or otherwise dispose of any rights or responsibilities relating to the service or contractual status to a third party.
2. The company may transfer the rights, obligations, contractual status, and user information related to the service to the assignee or successor in the event of a complete succession of the business relating to the service to a third party through an assignment, business split, merger, etc. The user will be regarded as agreeing to such a transfer in advance.

Article 19 (Severability)

Even if any provision of these Terms and Use or part of is determined to be invalid or unenforceable under the "Consumer Contract Act" or other laws and regulations, the remaining provisions of these Terms and Use will still remain in full force and effect.

Article 20 (Agreement through Negotiation)

If there are any issues that are not covered by these Terms of Use or if there is a disagreement over how these Terms of Use should be interpreted, the company and the user should work out a solution as soon as possible in good faith through mutual consultation.

Article 21 (Competent Court)

The district court or summary court of first instance with jurisdiction over the location of the company's main office should have exclusive jurisdiction over any legal dispute between the company and the user.

Article 22 (Governing Law)

These Terms of Use should be governed under the laws of Japan.

Establishment of the Terms of Use May 1, 2022