Terms of Use for Demae-can

This Terms of Use for Demae-can (hereinafter referred to as the “Terms”) set forth the terms and conditions for use of the delivery platform services (hereinafter referred to as “Services”) between DEMAE-CAN CO., LTD (hereinafter referred to as the “Company”) and customers (hereinafter referred to as “User(s)”) of Services provided by the Company.

Article 1 Definitions

1. “Users” means “members” who accept the Terms and complete the prescribed membership application process, and then whose registrations are approved by the Company, and “temporary users” who accept the Terms, but use Services temporarily without member registration.
2. “Individual Terms of Use” means the terms and conditions under names of “terms”, “guidelines,” “policies,” etc. established by the Company in addition to the Terms.
3. “Contents” means text, sound, music, graphics such as images, illustrations and photographs, video, composition, design, software, programs, code and other information.
4. “Affiliated Store(s)” mean sellers who post their products and other items for sale on the site of Services.

Article 2 Acceptance of the Terms

1. Users shall use Services in accordance with the Terms, after accepting the Terms.
2. Underage Users shall be required to obtain the parental or another legal representative’s permission before using Services.
3. When Services are used by a User on behalf of a business operator, the business operator shall also be required to accept the Terms before using Services.
4. In addition to the Terms, Users shall be required to use Services in accordance with other Individual Terms of Use as well, if any.

Article 3 Changes to the Terms

1. The Company may change any provision of the Terms and Individual Terms of Use when the Company deems it necessary, within the scope of the purposes of Services.
2. When any of the provisions of the Terms and/or of Individual Terms of Use are changed, the Company shall post the changes and effective date thereof on the site of Services or the Company, or shall notify Users of the same in the manner prescribed by the Company. The modified version of the Terms and/or Individual Terms of Use shall become effective as of the effective date thereof.

Article 4 Privacy

1. The Company shall respect the privacy of Users.
2. The Company shall appropriately handle privacy and personal information of Users in accordance with the Privacy Policy stipulated separately by the Company.
3. The Company shall pay the utmost attention to its security measures to ensure the safe management of any and all information collected from Users.

Article 5 Account

1. When using Services, User may need to create an account by registering certain information. In creating an account, User shall be required to register true, accurate and complete information, and revise it, as needed, to ensure that such information is always up-to-date.
2. When using Services, Users may need to register the authentication information. In that case, Users shall be required to self-manage such information to prevent any unauthorized usage. The Company may regard any and all acts conducted under the authentication information as acts conducted by Users.
3. Users’ rights to use Services shall cease at the time when the account is deleted for any reason, and cannot be restored, including order history and other information.
4. Users may delete their accounts and cancel their memberships at any time from the applicable page on the site of Services.
5. An account shall belong exclusively to the User who registers. Users’ rights to use Services may not be transferred, leased, disposed or inherited to any third party.

Article 6 Provision of Services

1. A User shall prepare personal computer, mobile phone device, smartphone and other communication device, communication method, and electricity, etc. necessary for using Services at his/her own responsibility and expenses.
2. The Company may provide any or all part of Services only to Users who meet the conditions that the Company considers it necessary, such as the age, the status of identification check, registration information and others.
3. The Company may modify any or all part of Services without prior notice to Users.
4. The Company may cease or suspend providing any or all part of Services without any prior notice to Users in case of the occurrence of any of the followings.
   1. （1）In case of system failure of the network, load generation, maintenance, repair, update or other emergencies.
   2. （2）When it becomes difficult to provide Services due to force majeure such as fire, power failure, natural disaster, etc.
   3. （3）When providing Services is deemed to be difficult.
   4. （4）In any other cases that the Company reasonably deems it necessary to do so.
5. Sales of goods, etc. through Services shall be made between Users and Affiliated Stores.
6. Goods, etc. ordered by Users shall be delivered by Affiliated Stores, the Company entrusted by Affiliated Stores or delivery people entrusted by the Company (hereinafter referred to as “Deliverer(s)”).

Article 7 Services provided by third parties

1. Services may contain services or Contents provided by third parties other than the Company. Such third parties shall bear responsibility for such services or Contents. Furthermore, the Terms of Use or other conditions established by such third parties may be applied for their services and Contents.
2. LINE points issued by LINE Pay Corporation may be used for Services. LINE Points may be used in units of one hundred (100) points, with each point being worth one (1) yen. The use of LINE Points shall be subject to the “LINE Points Terms of Use” stipulated by LINE Pay Corporation.

Article 8 Order Placement, Cancellation, Delivery etc.

1. Orders by Users shall be placed by clicking the "Complete" button on the final confirmation screen of the order placement, which completes the order acceptance. Once an order is confirmed as stipulated in the following paragraph, Users may not cancel the order. During the period from the completion of an order acceptance until the order is confirmed, Affiliated Stores may cancel all or part of the order due to reasons such as missing goods.
2. Sales of goods, etc. through Services shall be concluded at the time when a User places an order for goods, etc., and the applicable Affiliated Store confirms the order and posts the order confirmation on the site of Services, or when an order confirmation email is sent by the Company to the User. The order confirmation email may fail to be sent, be delayed, or be undelivered due to communication conditions or operational reasons of the Affiliated Store. In the event that no deliverer is found to deliver an ordered goods, etc. after the order is confirmed, such order may be cancelled upon notification to the User.
3. User shall wait at the location which he/she designated on the site of Services.
4. Delivery of goods by a deliverer shall be completed upon completion of the delivery of goods, etc. (when the User selects another delivery means such as contactless delivery or the Company changes the delivery method to contactless delivery under certain conditions prescribed by the Company).In the event that the delivery of goods cannot be carried out face-to-face due to a user’s absence, etc., the Company shall be able to switch from the delivery method selected by the user to the contactless delivery.
5. Affiliated Stores may cancel the sales contract if they cannot complete the delivery of goods set forth in the preceding paragraph due to User’s absence at a designated place, lack of response to contact, or difficulty in contactless delivery, etc.
6. The cancellation stipulated in the preceding paragraph shall automatically become effective when the conditions stipulated in the preceding paragraph are met. In such case, the Affiliated Sore may charge the User for the price of the goods, etc., shipping costs and any other costs as a penalty.

Article 9 Posting “★ Ratings & User Recommendation”

1. The “★ Ratings & User Recommendation” section (hereinafter referred to as the “Section”) is set up and operated by the Company to exchange information about Services among Users, and to share word-of-mouth information based on Users' actual experiences with Services. Users shall understand the purpose of this before browsing the Section and posting articles. In addition, replies from Affiliated Stores or the Company may be posted in the Section. Some Affiliated Stores may not have such section. Temporary Users may not post anything to the Section.
2. Once Users post something, it shall be posted in the Section as "★ Ratings & User Recommendation," which other Users use as references in choosing restaurants and menus.
3. Users shall be responsible for the contents of the articles they post and shall not engage in any of the following acts.
   1. （1）Posting a comment unrelated to the information about Services.
   2. （2）Posting an article that are not based on Users' own experiences or experiences of using Services.
   3. （3）Posting an article for profit purposes. Advertising.
   4. （4）Posting an article that is untrue or false.
   5. （5）Posting a lot of identical articles intentionally.
   6. （6）Inquiries or complaints regarding Services or functions of Services.
   7. （7）Inquiries or complaints regarding posted errors in the information provided by Services.
   8. （8）Posting contents that contain harmful programs, scripts, etc.
   9. （9）Sending information to the Section, which constitutes an infringement of intellectual property rights, rights of publicity, rights of privacy, reputation, or any other rights or interests of other Users or third parties.
   10. （10）Tampering with information that may be used in the Section.
   11. （11）Transmitting data to the Section in excess of a certain data volume specified by the Company.
   12. （12）Acts that may interfere with operation of the Section by the Company.
   13. （13）Acts that may damage the reputation of the Company, other Users, or third parties.
   14. （14）Posting materials that fall under any of the restrictions on posted contents, as stipulated in Paragraph 4.
   15. （15）Posting comments about an Affiliated Store pretending to be a User by any person related to the Affiliated Store.
4. Users shall not post articles that contain any of the followings.
   1. （1）Articles that infringe on the rights of others (including the Company and other Users) such as copyrights, trademarks, privacy rights, honor, etc.
   2. （2）Articles that use names, email addresses, mailing addresses, telephone numbers, or other contact information of Users or third parties (including, but not limited to articles that use such contact information in Users' names or contents of articles).
   3. （3）Articles that are indicated as intimidating or threatening to others.
   4. （4）Articles that are extremely violent or cruel to children or juveniles, or that may encourage crimes and inhibit their sound upbringing.
   5. （5）Articles that contain excessively obscene expressions.
   6. （6）Articles that contain expressions to promote discrimination.
   7. （7）Articles that contain expressions to encourage suicide or self-harm.
   8. （8）Articles that contain expressions to encourage inappropriate use of drugs.
   9. （9）Articles that contain antisocial expressions.
   10. （10）Articles that contain expressions that violate laws and regulations or public order and morals.
   11. （11）Articles that offend viewers.
5. The Company may take the following measures in operation of the Section. The Company is not obligated to respond to any inquiries regarding the reasons for non-publication, deletion, revision of such posted articles based on such measures.
   1. （1）When any articles as listed in Paragraph 3 and 4 are found to exist, or the Company deems any contents of posted articles to be inappropriate or unsuitable (hereinafter collectively referred to as "Violation"), the following measures shall be taken.
      • Non-posting of such articles without the prior consent of Users
      • Revise such articles
      • Revoke such user’s membership
      • Take other measures that deems to be necessary
   2. （2）The Company may, at its own discretion, non-post, delete, or revise any article that contains or may contain any of the following expressions without prior notice to Users.
      • Statements not based on a specific event
      • Contents found to be untrue
      • Expressions deemed unnecessarily emotional
   3. （3）In addition to the measures stated in the preceding items, the Company may take measures for the benefit of third parties who suffer from damage by the Violation, such as reporting to investigative authorities and taking other measures deemed necessary.
6. Users may view any postings on the Section freely; provided, however, that the Company shall not guarantee the truthfulness, timeliness, usefulness thereof, and the Company shall not hold responsibility for any damage caused by the contents of the postings on the Section, or for any troubles among Users or between Users and Affiliated Stores, unless for reasons attributable to the Company.

Article 10 “Demae-nyan Club”

1. “Demae-nyan Club” (hereinafter referred to as the “Program”) is a program that provides benefits according to status set based on the status of use of the Services. For providing conditions of the Program, refer to “Demae-nyan Club” (hereinafter referred to as the “Providing Conditions Section”).
2. The Program shall be applied only to members. Temporary users shall not be applicable to the Program.
3. The Company may change contents of the Program or the providing conditions, as it deems necessary, by posting such changes on the site of Services (including the Providing Conditions Section) or the Company's website, or by notifying Users in a manner determined by the Company.

Article 11 Restricted Matters and Account Termination/Suspension of Use

1. Users shall be required not to engage in any of the following acts.
   1. （1）Providing false information at the time of registration and/or use of Services.
   2. （2）Acts that cause discomfort, disadvantage, or damage to the Company, other Users, or third parties, through the distribution of spam or slanderous or defamatory emails, or posting on bulletin boards of other companies, etc.
   3. （3）Interfering with operation of Services such as acts of hacking into the system of Services or otherwise attacking Services, etc.
   4. （4）Unauthorized use of membership for commercial purposes.
   5. （5）Acts that violate public order and morals.
   6. （6）Acts that violate laws and regulations.
   7. （7）Acts that infringe intellectual property rights, portrait rights, privacy rights, and other rights or interests of the Company, other Users or third parties.
   8. （8）Unauthorized use of any email or account of Users or third parties.
   9. （9）Collecting information of other Users.
   10. （10）Interfering with the business of Affiliated Stores or the Company.
   11. （11）Being a member of or associated with antisocial forces.
   12. （12）Acts for the purpose of matchmaking with an unacquainted third party.
   13. （13）Acts of decoding the source code by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner.
   14. （14）Attempting any of the preceding acts.
   15. （15）Other Acts that the Company reasonably deems to be inappropriate.
2. The Company may terminate Users’ accounts or suspend use of Services thereafter without prior notice or demand if any Users fall under any of the followings.
   1. （1）When any Users violate or likely violate any provision of the Terms or any Individual Terms of Use.
   2. （2）When the Company reasonably determines that use of Services or continuation of registration by Users are inappropriate.

Article 12 Responsibility of Users

1. In the event that Users cause damage or loss to any third party as a result of their use of Services, such Users shall be responsible for handling and resolving such damage or loss at their own risk and expenses.
2. Allergy and calorie information, product descriptions, and other information provided through Services shall be provided by Affiliated Stores who provide goods. For more information, a User shall make an inquiries to the Affiliated Store on one’s own responsibility. The Company shall make no warranty of any kind, including, but not limited to, the accuracy, completeness, or usefulness of such information.
3. In the event of any dispute between Users and Affiliated Stores regarding the contents, quality, delivery, etc. of goods, such dispute shall be settled upon consultation between Users and Affiliated Stores ; provided, however, that this shall not apply to matters relating to deliveries made by the Company.
4. When Users violate any provision of the Terms or any Individual Terms of Use, or cause damage to the Company, other Users and/or third parties as a result of fraudulent or illegal activities, the Company may claim for damage against Users.

Article 13 Use of Information by Users

Users shall not use any information obtained through Services for any purpose other than Users' personal use, unless approved in advance by the Company.

Article 14 Copyrights

1. Copyrights of Services and the Contents provided through Services (including the rights stipulated in Article 27 and Article 28 of the Copyright Act. The same shall apply hereafter) shall belong to the Company or a third party such as Affiliated Stores who grants licenses to the Company.
2. Copyrights of the postings and other works posted in the Section as provided in Article 9 shall belong to Users who make the postings. The Company may use such postings (including modification or other necessary alteration) free of charge to the extent necessary for the provision, improvement and such of Services, and for the construction, improvement, maintenance and such of Services system. Users shall agree not to exercise any moral rights in any works posted on the site of Services.

Article 15 Disclaimer

1. The Company shall not be liable for any damage incurred by Users from the use of Services, unless such damage is attributable to the intentional or grossly negligent acts of the Company; provided, however, that in the case that the agreements between Users and the Company with respect to the use of Services fall under consumer contracts as defined under the Consumer Contract Act (hereinafter referred to as the “Consumer Contracts”), the Company shall not be liable for any damages caused by lost profits or other special circumstances with respect to the default or tort liability due to negligence (excluding gross negligence) of the Company, and shall be liable for damages within the range of damage that is normally occurred, up to the amount of fees received from Users for Services in the month in which such damages occur, in this fee-based Services.
2. In the event of damage incurred by Users as a result of gross negligence of the Company, the Company shall not be liable for damages caused by lost profits or other special circumstances, and shall be liable for damages within the range of damage that is normally incurred, up to the amount of fees received from Users for Services in the month in which such damages occur, in this fee-based Services; provided, however, that this shall not apply when the agreements between Users and the Company with respect to the use of Services fall under consumer contracts.

Article 16 Sending and Receiving Emails

1. Email addresses registered by Users shall be used to communicate with Users regarding the use of Services.
2. Users shall consent in advance that unsubscribing from emails of notices regarding additions, changes, suspensions etc. of Services, requests for evaluation of members-only projects and services for members and “Important Notices" to which the Company gives great importance, among others, to be sent from the Company to Users is not allowed.
3. The Company may send Users notices, announcements, advertisements, and information from Services, Services-affiliated services, or Affiliated Stores to the email addresses to be provided from Users to the Company. Users shall consent to receive such emails in advance.

Article 17 Severability

If any provision of the Terms or any Individual Terms of Use is held to be illegal, invalid or unenforceable, such provision shall be severed in its entirety and the Terms and the Individual Terms of Uses shall be construed as if such illegal, invalid or unenforceable provision had never been a part of the Terms and the Individual Terms of Use. Even in such a case, other provisions of the Terms and the Individual Terms of Use shall remain in full force and effective, and a legal, valid, and enforceable provision similar to such illegal, invalid, or unenforceable provision shall automatically be added in its place.

Article 18 Governing Law and Jurisdiction

1. The Terms of Use shall be executed in the Japanese language and shall be governed by the laws of Japan.
2. Any disputes which may arise out of, or in relation to Services shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance according to the jurisdictional amount.