服務條款

These terms of use (hereinafter referred to as “Terms") establish the conditions for using Foodies Reserve (hereinafter referred to as "Service"), a restaurant reservation service provided by Foodies Prime Inc. (hereinafter referred to as "Company"). Before using the Service, Users (as defined in Article 2) must read the entirety of these Terms and agree to them. If Users do not consent to these Terms, they are not permitted to use the Service.

Article 1: Application

These Terms aim to establish the conditions for providing the Service and the rights and obligations between the Company and the User regarding the use of the Service. These Terms apply to all relationships related to the use of the Service between the User and the Company.
In addition to these Terms, the use of the Service is subject to other terms issued by the Company, including cancellation policies and guidelines on how to use the Service, as well as information displayed on this Website (as defined in Article 2). There may also be additional provisions mutually agreed upon between the Company and the User, as well as provisions issued by the Company (hereinafter referred to as "Individual Provisions"). Regardless of their designation, Individual Provisions shall be considered part of these Terms.
In the event of a conflict between the provisions of these Terms and those of the Individual Provisions, the provisions of the Individual Provisions shall prevail unless specifically stated otherwise.
A person wishing to use the Service will become a User and enter into a service agreement (hereinafter referred to as "Service Agreement") in accordance with these Terms upon registering on this Website, thereby indicating their acceptance of these Terms.

Article 2: Definitions

The following definition applies to these Terms:

"User" refers to both Members and Listed Restaurants that utilize the Service.
"Member" refers to an individual who has registered for a member account.
"Listed Restaurant" refers to a restaurant that is featured on the Website and has registered its account.
"Website" refers to the website "Foodies Reserve" operated by the Company.

Article 3: The Substance of the Service

The Service provides the following to the Users.

Services for Members
Services to search Listed Restaurants
Service to reserve Listed Restaurants
Services for Listed Restaurants
Reservation management and advance payment service
Cancellation fee acceptance service
Customer information management service
Inventory management service
Other services related to the above items
The specific details of the services mentioned in the previous paragraph shall be as stipulated on the Website.

Article 4: Member Registration

An individual wishing to make reservations at Listed Restaurants on the Website (hereinafter referred to as "Applicant") must register the specified information required by the Company to start using the Service.
The registration application mentioned in the previous section shall be made by Applicants notifying the Company of their name, email address, password, and other relevant information, using the method specified by the Company on the Website. False applications will not be accepted.
Members may use the Service within the scope defined by the Company, based on conditions such as age and usage environment.
Each Member may register only one account.
The approval of a registration application will be determined by the Company's judgment through a registration review. Once the Company sends a notification of completion, the registration is deemed complete, and the Applicant becomes a Member.
If there are any changes to the registered information, the Member must update their information using the method specified by the Company. The Company is not liable for any disadvantages that arise from failing to make such changes.
The Company may refuse to approve the registration of an Applicant based on the results of the registration review or if any of the following conditions apply. Additionally, if it is later found that the Applicant is unsuitable for registration or if any of the following conditions apply, the Company may revoke the registration and terminate the membership:
If any part of the registration information provided to the Company contains falsehoods, errors, or omissions.
If the Applicant or Member is a minor, a person under guardianship, a person under curatorship, or a person under assistance, and did not obtain the consent of their guardian, curator, or assistant.
If the same individual is registering multiple accounts or attempting to do so.
If the Company determines that the Applicant has any interaction or involvement with organized crime groups, their members, right-wing groups, or other similar entities (hereinafter referred to as "Antisocial Forces") through funding or other means.
If the Applicant has previously been denied registration, had their account deleted, or faced expulsion from membership, or is currently facing such actions, or if they do not comply with these Terms or the usage methods specified by the Company.
If the Company determines that registration is inappropriate for any other reason.
The Company has no obligation to disclose the reasons for any of the above circumstances to the Applicant or Member, nor does it bear any responsibility.

Article 5: Registration of Listed Restaurants

Restaurants wishing to be listed on this Website (hereinafter referred to as "Restaurant Requesting Listing") must register the information specified by the Company prior to starting to use the Service.
The registration application mentioned in the previous section shall be made by Restaurants Requesting Listing notifying the Company of their name, email address, password, and other relevant information, using the method specified by us on the Website. False applications will not be accepted.
The approval or disapproval of the Restaurant Requesting Listing's registration will be determined through a registration review at the Company’s discretion, and the registration will be deemed complete when the Company sends a notification of registration completion, at which point the Restaurant Requesting Listing will become a Listed Restaurant.
If there are any changes to the registered information, the Listed Restaurant must update their information using the method specified by the Company. The Company is not liable for any disadvantages that arise from failing to make such changes.
The Company may refuse to approve the registration of the Restaurant Requesting Listing based on the registration review. Additionally, if it is later found that the establishment is unsuitable for registration, the Company may revoke the registration.
The Company has no obligation to disclose the reasons for any of the above circumstances to the Restaurant Requesting Listing or Listed Restaurant, nor does it bear any responsibility.

Article 6: Method of Providing Registration Information

Users shall provide truthful information when registering their information in relation to the use of the Service. In the event of any errors in the registration information or changes occurring, Users must promptly correct or change their registration information at their own responsibility.
The company shall bear no responsibility for any disruptions to the use of the Service by Users themselves or other Users that arise from the User's failure to correct or change their registration information.
If the User fails to correct or change their registration information, and this results in the inability to communicate with the Company, the relevant communication shall be deemed to have arrived at the usual time it should have been received.
If the Company requests the User to provide documentation verifying their registration information, the User must respond promptly.

Article 7: Management of Account Information

Users shall manage their account information (such as ID and password; hereinafter referred to as "Account Information") appropriately at their own responsibility for logging into the Service.
Under no circumstances may Users transfer or lend their Account Information to third parties or share it with others. The Company shall regard any access using Account Information that matches the registered information as having been made by the User who registered that Account Information.
The company shall bear no responsibility for any damages resulting from the use of Account Information by third parties for any reason, except in cases of intentional misconduct or gross negligence on the part of the Company.
If a User discovers that their Account Information has been stolen or is being used by a third party, they must immediately notify the Company and follow the Company’s instructions.
Users may change their Account Information using the method specified by the Company. Additionally, if necessary for the operation of the Service, the company may change the User’s ID after notifying the User.
Users are responsible for regularly backing up their data in case of data corruption or loss during the use of the Service. The Company shall bear no responsibility for any damage resulting from the User’s failure to perform regular backups.

Article 8: Agent for Receipt

The Listed Restaurant grants the Company the authority to receive payment for fees and cancellation charges from Members on its behalf. Additionally, the Listed Restaurant agrees to grant the Company the authority to receive payments related to credit card transactions and other payments from credit card companies, payment service providers, or collection agents. The Company, upon receiving funds based on these agency authorities, will pay the remaining balance to the Listed Restaurant after deducting the fees and charges owed by the Listed Restaurant to the Company under the Terms.
The Listed Restaurant agrees that the Company may, as necessary, grant payment service providers or collection agents the authority to receive payments on its behalf.

Article 9: Independence of rights and obligations

The rights and obligations between the Company and the Listed Restaurant based on the Terms and the Service, shall arise only between the Company and the Listed Restaurant, and shall not arise between the Company and the Member.
The rights and obligations between the Company and the Member based on the Terms and the Service, shall arise only between the Company and the Member, and shall not arise between the Company and the Listed Restaurant.
The rights and obligations established between the Member and the Listed Restaurant shall arise only between the Member and the Listed Restaurant, and shall not arise between the Member and the Company.

Article 10: Formation of Reservations

When a Member requests a reservation at a Listed Restaurant on the Website in accordance with the methods specified on the Website, and a reservation confirmation email is sent from the Company, the Listed Restaurant is deemed to have accepted the reservation, thereby forming a reservation contract between the Member and the Listed Restaurant.
After the completion of the reservation contract between the Member and the Listed Restaurant under the use of the Service, any procedures for cancellations or other changes shall be conducted through the Service by both parties.
The Member may cancel the reservation only within the period specified by the Listed Restaurant and displayed on the Website. Cancellation fees and other matters related to cancellations shall be governed by the cancellation policy set forth by the Listed Restaurant on this Website, and these cancellation policies shall only be effective between the Member and the Listed Restaurant.
If the Member cancels a reservation, they may be charged a cancellation fee by the Listed Restaurant through the Service, in accordance with the procedures specified within the Service.
The Member and the Listed Restaurant shall resolve any issues or disputes regarding the reservation directly between themselves, and the Company shall bear no responsibility for any issues or disputes unrelated to the provision of the Service, including, but not limited to, the setting and amount of cancellation fees, defects, in-store troubles, or damages.

Article 11: Usage fees

The Listed Restaurant shall pay the fees (such as payment processing fees) separately agreed upon with the Company for the use of the Service.
Members shall pay the usage fees specified separately by the Company for the use of the Service.
The payment methods for the fees in the previous section shall be in accordance with the provisions specified on the Website.
If a User delays payment of the usage fees specified in sections 1 or 2, such User shall pay a late fee at the rate of 14.6% per annum.

Article 12: Use of Registration Information

Information collected from Users regarding their registration and other usage of the Service will be handled appropriately in accordance with the Privacy Policy established separately by the Company.
Members consent in advance to the disclosure of certain parts of their personal information, such as the name or business name, email address, phone number and country code, date of birth, gender, preferred language, residence area, and other information entered by the Member in input forms specified by the Company, including but not limited to receipt names, allergy information, favorite foods, disliked foods, portion sizes, preferred alcoholic beverages, to the Listed Restaurant.

Article 13: Usage Methods and Prohibited Acts

Users must utilize the Service in accordance with these Terms and comply with applicable laws of Japan, including Civil Law, Commercial Law, Consumer Contract Law, Personal Information Protection Law, Copyright Law, and other laws and regulations.
Users must not engage in any of the following actions while using the Service, nor allow third parties to do so:
Actions that violate the Terms and regulations published on the Website.
Using the Service through other businesses, individuals, or third parties, such as reservation agents, except in cases where prior permission has been granted by the Company.
Actions that violate laws or may potentially violate laws.
Making false statements to the Company.
Engaging in fraud or coercion against the Company or other Users of the Service, infringing on intellectual property rights (including rights specified in Articles 27 and 28 of the Japanese Copyright Act), portrait rights, privacy rights, reputation, or other rights or interests, as well as engaging in defamatory acts or any dishonest behavior that causes disadvantage, damage, or discomfort, or promotes the infringement of third-party rights.
Actions that impose excessive burdens on the network or systems of the Service.
Actions that involve unauthorized access to, or attempts to access, the Company’s network or systems, or any actions that the Company deems to be disruptive to the Service or the servers.
Actions that may disrupt the operation of the Service.
Using multiple accounts by the same User, impersonating a third party, or using the ID or password of another User.
Providing benefits to or engaging with antisocial forces.
Actions that violate public order and morals.
Inducing or facilitating any of the preceding actions directly or indirectly.
Reselling reserved seats or having someone other than the reserving individual visit the Listed Restaurant. The Company may require identification upon arrival if designated, and failure to present ID, or if the individual appears to be someone else, will be treated as a same-day cancellation.
Disclosing login IDs to third parties, including other websites, programs, or individuals, and performing actions not conducted by the Listed Restaurant or the Member.
Attempting to log in or access the Service through automated means, bots, tools, or programs, as deemed by the Company as interfering with the Service or the Company’s server.
Any other actions deemed inappropriate by the Company corresponding to the preceding items.
If the Company receives reports from Listed Restaurant or third parties regarding violations of the prohibited acts outlined in the previous section, or if the Company determines that a violation has occurred, the Company may suspend or terminate the provision of the Service to the Member, cancel their registration, and delete data from the Company’s server in accordance with the provisions of Article 14 or Article 19. The Company bears no responsibility for any damage incurred by the Member as a result of these actions.
Even if a User violates the aforementioned prohibited acts, the rights and obligations that have already been established through reservations or other actions taken via the Service shall remain valid, unless the Company denies the validity. In this case, the User may not assert the invalidity of those rights and legal relationships.

Article 14: Changes to the Service

The Company may change, add, suspend, or interrupt all or part of the Service without prior notice to Users in any of the following cases:
When conducting regular or emergency inspections and maintenance of the computer systems used for the Service.
When excessive load occurs on the computers or communication lines due to over-access or unforeseen factors, or if system errors or other issues arise on the Website.
When it becomes necessary to maintain or secure User information.
When it becomes impossible to operate the Service due to force majeure events such as earthquakes, lightning strikes, fires, hacking, computer virus intrusions, natural disasters, power outages, changes in the natural world, unforeseen accidents, wars, conflicts, civil disturbances, epidemics, trade suspensions, strikes, riots, labor disputes, inability to secure transportation facilities, or interventions by government authorities.
When the provision of services by telecommunications operators is suspended.
If the operation of the Service is suspended due to laws or other relevant measures.
Even in cases not covered by the preceding paragraph, the Company may, at its discretion, change, add, suspend, or interrupt all or part of the Service by notifying Users in advance through posting on the Website or by other methods deemed appropriate by the Company.
The Company shall not be liable for any damage incurred by Users because of measures taken under this Article. However, if all Services are permanently and irreversibly terminated, any fees paid for the Service after termination will be refunded.

Article 15: Ownership of Intellectual Property

All intellectual property rights related to the Service belong to the Company, and the license to use the Service under these Terms does not imply a license to use the Company’s intellectual property rights related to the Service.
Users shall not reproduce, edit, modify, publish, reprint, transmit to the public, distribute, sell, provide, translate, adapt, or otherwise use or utilize any content of the Service, unless they have been authorized to do so by the Company or a third party holding the relevant intellectual property rights, or unless permitted to do so by law.
The Company shall not be liable for any damage incurred by Users because of actions that violate the preceding paragraphs. Additionally, if a User profits from such actions, the Company has the right to claim the equivalent amount of that profit.
Users represent and warrant to the Company that they have lawful rights to register and transmit the registration data, and that the registration data does not infringe the rights of any third party.
Users agree not to exercise moral rights of authorship against the Company.
Even if trademarks, logos, etc., are displayed on the Website, the Company does not transfer such trademarks, logos, etc., to Users or any third party, nor does it grant permission for their use.
The Company shall not be liable for any disputes arising from Users regarding the intellectual property rights related to the Website and the Service.

Article 16: Compensation for Damages

If the Company incurs direct or indirect damages due to the User's violation of these Terms or in connection with the use of the Service, including cases where the Company receives damage claims or other requests from third parties as a result of such actions, the User must compensate the Company for all damages, including attorney fees, etc.
If the User causes a dispute with a third party regarding the Website or the Service, the User shall resolve it at their own responsibility and expense, and the Company shall not be involved in any way and shall bear no responsibility.
The Company shall not be liable for any damage incurred by the User in connection with the use of the Service. However, even if the Company is liable for damages to the User due to the application of Japan’s Consumer Contract Act or for any other reason, the Company's liability shall be limited to direct and ordinary damages that actually occurred to the User as a result of the Company's negligence (excluding gross negligence) in contract breach or tort, and shall not exceed 10,000 yen. The Company shall not be liable for damages arising from special circumstances, including cases where the occurrence of damage could have been foreseen.
The Company shall not be liable for any damage arising from natural disasters or other causes not attributable to the Company, including circumstances outlined in Paragraph 1, Item 4 of Article 14.
Regarding troubles related to the skimming or other misuse of credit card information by third parties, the User shall resolve such issues directly with the relevant credit card company, and the Company shall bear no responsibility.

Article 17: Disclaimer of Warranties and Limitation of Liability

Users shall prepare the necessary computers, communication environments, and other media at their own expense and responsibility to use the Service. The Company does not guarantee that the Website will function properly on the media prepared by Users, nor does it provide any warranties regarding the suitability, accuracy, or usefulness of any information provided through the Service for any specific purpose, the absence of security defects, errors, bugs, viruses, or other issues, or that it does not infringe upon the rights of any third party.
Users shall be responsible for backing up their content, and the Company has no obligation to perform backups of the content.
The Company does not guarantee that the Service will be compatible with all media and devices, and Users acknowledge in advance that there may be issues with the operation of the Service due to version upgrades of the operating systems and other software used on their media and devices. The Company does not guarantee that any issues that arise will be resolved.
The Company does not guarantee that reservations at Listed Restaurants will be successfully made, and shall not bear any responsibility if the desired reservation at the preferred Listed Restaurants and time is not achieved.
The Company does not guarantee the accuracy of the business information provided by Listed Restaurants, including hours of operation, regular holidays, locations, contact information, cancellation policies, availability of desired dates and times, approval or rejection of User applications, menus, images, and information Users wish to receive. The Company shall not be liable for any damage incurred by Users due to inaccuracies in the business information of Listed Restaurants.

Article 18: Withdraw Procedures

Members may withdraw from the Service only after fulfilling any existing reservation contracts, following the method prescribed by the Company on the Website.
Any fees paid prior to the withdrawal procedure in the preceding paragraph will not be refunded.
When withdrawing under Paragraph 1, if any debts are owed to the Company, the User must promptly settle those debts.
If a User withdraws from the Service for any reason, including mistakenly deleting their account, they will no longer be able to access any information accumulated in the Service. The Company shall not bear any responsibility in this regard.
If a User wishes to re-register after the withdrawal procedure, they must follow the registration procedures again in accordance with the provisions of Articles 4 to 6. Users agree in advance that their previous data will not be carried over after re-registering.

Article 19: Cancellation of Registration

The Company may temporarily suspend User's access to the Service or cancel their registration (delete their account) and terminate the Service Agreement without prior notice or warning if it determines that the User falls under any of the following reasons or is likely to do so. Additionally, if a Member falls under the reasons listed below, the Listed Restaurants may unilaterally cancel any existing reservation contracts. The Company is not obligated to disclose the reasons for the cancellation of registration.
If the User violates any provision of these Terms.
If it becomes evident that there were circumstances that should have precluded approval of the registration application, such as false information in the registration details.
If there is a delay or suspension in the payment of usage fees as specified in Paragraph 2 of Article 11, or in the payment of cancellation fees to the Listed Restaurants as specified in Paragraph 4 of Article 10, or if an application for provisional seizure, seizure, auction, initiation of bankruptcy proceedings, initiation of civil rehabilitation proceedings, initiation of corporate reorganization proceedings, initiation of special liquidation proceedings, or similar procedures is made.
If payments for usage fees as specified in Paragraph 2 of Article 11 or cancellation fees as specified in Paragraph 4 of Article 10 cannot be processed on the designated credit card or bank account, or if the use of the relevant credit card or bank account is suspended.
If the User does not respond to a payment demand for previously incurred unpaid cancellation fees within one week.
If the User is subject to a suspension of transactions at a bill exchange.
If the User is subject to tax delinquency measures.
If the User dissolves (except in the case of a merger), begins liquidation, or transfers all business operations to a third party.
If the User receives a suspension of operations or a cancellation of their business license or registration from a supervisory authority.
If the User has not used the Service for over six months.
If the User fails to respond to inquiries or communications from the Company for over 30 days
If the Company determines that maintaining the contractual relationship with the User is difficult due to a loss of trust or other reasons.
If any other reasons arise that make it difficult to continue these Terms or individual agreements between the Company and the User in accordance with the preceding items.
If the User falls under any of the reasons listed in the preceding paragraph, they will automatically lose the benefits of payment deadlines for any debts owed to the Company and must immediately pay all debts owed to the Company.
The Company may retain and use the information provided by the User even after the User's account and other information have been deleted.
The Company shall not be liable for any disadvantages or damages incurred by the User as a result of measures taken under this Article.

Article 20: Confidentiality

Users shall handle any confidential information, including personal information, customer information, corporate information, and all other information disclosed or provided by the Company in relation to the use of the Service with due care as a good manager. Users must not use such information for any purpose other than the objectives of the Service or disclose or provide it to any third party without prior written consent from the Company.

Article 21: Collection, Analysis, and Handling of User Information

The Company may use registration information, device information, and other information related to Users in a non-identifiable format for information distribution, statistical purposes, and other services conducted by the Company, and may provide this information to third parties.
Due to the nature of the Service, the Company will provide Members' registration information to Listed Restaurants for reservation management purposes. Listed Restaurants shall not use this information for any purposes other than those specified in their own privacy policies.
The Company will collect usage information of the Service using information collection modules such as cookies to understand the usage status of the Service. For details regarding these information collection modules, please refer to the terms of use and privacy policies of the respective providers.
The Company shall not be liable for any damages arising from the use of information collection modules such as cookies.

Article 22: Valid Period

These Terms shall apply to all Users during their Service usage period.
The provisions of Articles 4 to 30 shall remain in effect even after the User's registration has been canceled.

Article 23: Exclusion of Antisocial Forces

Both the Company and the User represent and warrant that they do not fall under any of the following categories, now or in the future:
Being classified as Antisocial Forces.
Having a relationship in which Antisocial Forces are recognized as controlling the management of the User.
Having a relationship in which Antisocial Forces are recognized as being substantially involved in the management of the User.
Having a relationship that is deemed to unfairly exploit Antisocial Forces for the purpose of gaining improper benefits for oneself or a third party, or for the purpose of causing damage to a third party.
Having a relationship that is recognized as involving the provision of funds or benefits to Antisocial Forces.
Having officers or individuals substantially involved in management who have socially reprehensible relationships with Antisocial Forces.
Causing oneself or a third party to engage in violent demands, threatening behavior, unreasonable demands beyond legal responsibilities, dissemination of false rumors, deception, or coercion that undermines another’s credibility or disrupts business.
If the Company or the User discovers that the other party has violated the representations and warranties in the preceding paragraph and falls under any of the above categories, they may immediately terminate all contracts related to the Service without any prior notice and may claim compensation for any damages incurred.

Article 24: Assignment of Rights and Status

The User shall not assign, including but not limited to assignments due to mergers or company splits, sublease, pledge, or otherwise dispose of all or part of any rights, obligations, or status related to the Service to a third party without the Company's prior written consent, regardless of the form of such disposition.

Article 25: Subcontracting

The Company may subcontract all or part of its operations under these Terms to a third party.

Article 26: Business Transfer

If the Company transfers all or part of its business related to the Service to a third party , including comprehensive succession due to mergers or company splits where the Company becomes a dissolved company or a split company, the Company may transfer the status, rights, obligations, User’s information, and other information related to the Service Agreement to the recipient of the business transfer, and the User agrees to this in advance.

Article 27: Severability

Even if any provision of these Terms or any part thereof is deemed invalid under Japan’s Consumer Contract Act or other Japanese laws and regulations, the remaining provisions of these Terms and the valid portions of the deemed invalid provision shall continue to remain in effect. The invalid provision or part thereof shall be modified to the necessary extent to make it valid, and it shall be interpreted in such a way as to secure the intent of the invalid provision or part and to achieve legally and economically equivalent effects to the maximum extent possible.

Article 28: Amendment and Modification of the Terms

The Company may amend these Terms without requiring individual consent from Users in the following cases:
When the amendment of the Terms is consistent with the general interests of Users.
When the amendment does not contradict the purpose of the Service Agreement, and is deemed reasonable in light of the necessity for the change, the appropriateness of the amended content, and other relevant circumstances.
In the case of amendments to the Terms as stated in the preceding paragraph, the Company will post a notice of the amendments and the contents of the amended Terms, along with the effective date, on the Website or notify Users by email a certain period before the effective date of the amended Terms.
If a User uses the Service after the effective date of the amended Terms, they will be deemed to have agreed to the changes.

Article 29: Resolution through Consultation

The Company and the User shall, in the event of any matters not stipulated in these Terms or if there is any doubt regarding the interpretation of these Terms, promptly seek to resolve the issue through mutual consultation in good faith.

Article 30: Governing Law and Jurisdiction

These Terms shall be governed by Japanese law. For any disputes arising from or related to these Terms, the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance, depending on the amount of the claim.