Terms of Use

Article 1 (About This Terms of Use)

  • 1.1 This Terms of Use shall apply to all users of this website.
  • 1.2 Users without consent to this Terms of Use shall not use the website and our service (hereinafter “this service”).
  • 1.3 Users of this service, regardless of individuals or corporations, shall be deemed to have accepted this Terms of Use at the time of the application for registration through this website or use of this service.
  • 1.4 The contents of this Terms of Use might be changed as necessary, and the change of the content will be notified by e-mail, posting on this website, or other methods. Please check the latest Terms of Use since you are deemed to have accepted the change of the content and you are applied to the latest Terms of Use when you use this service after the change.
  • 1.5 In this service, the cancellation provision, the utilization of this service, and items to be noted are indicated in this website other than this Terms of Use. These are deemed to be parts of this Terms of Use substantially.
  • 1.6 Please make sure to read this Terms of Use before using this service.

Article 2 (Definition)

2.1 Definitions of terms in this Terms of Use shall be as follows unless otherwise specified.

  • (1) This Terms of Use: Terms of Use of a reservation service of “OMAKASE”
  • (2) We: OMAKASE Co., Ltd.
  • (3) This website: A website of “OMAKASE” operated by OMAKASE Co., Ltd.
  • (4) This service: The service that is provided by this website operated by us.
  • (5) Registration: Making account registration by users stipulated by us.
  • (6) Listing shop: The restaurant that is listed on this website making account registration
  • (7) Registrant: Any person who made account registration other than the listing shop
  • (8) Users: Listing shops and registrants who use this service
  • (9) Intellectual Property Rights, etc.: Industrial property rights such as patent rights and trademark right, etc., intellectual property rights such as copyrights (including the rights prescribed in Article 27 and Article 28 of the Copyright Law of Japan), and other rights
  • (10) Confidential Information: Personal information, customer information, company information and any other information
  • (11) Anti-social forces: Organized crime group, member of an organized crime group, a related company or association of an organized crime group, a person who has not passed five (5) years from the time when it is no longer a member of a crime group, a semi member of an organized crime group, a company related to an organized crime group, an extortionist, etc., social movements advocating grounder or special intelligence violence group, and other similar persons

Article 3. (Content of This Service)

  • 3.1 This service is the service as follows regarding reservations of listing shops. Registrants may reserve listing shops through using this service.
    • (1) Reservation control: We provide various functions of reservation control such as control of reservation on the calendar, transmission of vacancy information by automatic setting when seats are available, function of informing registrants with allergy information, and function of notice in advance from a registrant who has special request(s).
    • (2) Collection of Cancellation fee: We set a cancellation fee in the reservation. In the case of the cancellation, we will collect the cancellation fee from the registrant based on the cancellation regulation.
    • (3) Control of Customer information: We may transmit information of how to accept a reservation and of vacancy, and a registrant executes advance settlement.
    • (4) Agent service of telephone acceptance: We will act for telephone acceptance by preparing manuals that are suitable for listing shops and align with call centers.
    • (5) Other services that are associated and related with the items preceding paragraph
  • 3.2 The listing contents of listing shops will be determined under the discussions between we and listing shops.
  • 3.3 The specific contents of this service will be determined on this website.

Article 4. (Registration)

  • 4.1 Users are required to register information what we have stipulated when users start using this service.
  • 4.2 The application of the registration is executed by notifying e-mail address, password, name, and credit card information, etc. according to what we have stipulated. A false application shall never be allowed.
  • 4.3 A registration of listing shops will be completed at the time when we send a notice of the completion of the registration after the examination which is the criteria according to what we have stipulated.
  • 4.4 Registrants are required to change users information when contents of the registration are changed according to what we have stipulated. We are not responsible for any disadvantages of registrants if the changes are not conducted.
  • 4.5 We may not approve the registration if we judge that the application of the registration falls under any of the following items:
    • (1) when the contents do not meet the criteria of examination what we have stipulated; or
    • (2) when an applicant is either of an adult ward, a person under curatorship, or a person under assistance, and has not obtained consent from the legal representative, guardian, curator, or assistant, etc.; or
    • (3) when the contents of the application of registration has false or misprinted information or omission; or
    • (4) when one (1) person conducts multiple registrations; or
    • (5) when a registrant has met delete of the registration and steps of suspension of use of this service in the past; or
    • (6) when we judge that the application of the registration is not appropriate.
  • 4.6 We are not be obliged to disclose the reasons to the applicant of the registration or the registrant when we act set forth in the preceding paragraph.

Article 5. (Control of Password)

  • 5.1 Users shall control their own Identification (ID) and password strictly on their own responsibility not to leak to third parties.
  • 5.2 The responsibilities for actions of using ID and password deems to be borne by the registrant who holds his/her ID and we disclaim any responsibility.
  • 5.3 Please notify us immediately in case that your ID is used without permission or your ID and password are leaked to third party.

Article 6. (Utilization and Prohibition Matters)

  • 6.1 Users shall use this service complying with the Civil Law, Commercial Law, Personal Information Protection Law, Copyright Law and other applicable laws and regulations of Japan in accordance with this Terms of Use.
  • 6.2 The registrant may be charged the cancellation fee under the procedures that is stipulated by this service if the registrant cancels a reservation.
  • 6.3 Users shall bear any responsibility for using this service. We disclaim any responsibility except for the cases that we stipulated specifically for usage of Users.
  • 6.4 Users are prohibited to conduct actions that be felled under each of the following items:
    • (1) Acts that violate this Terms of Use; or
    • (2) Acts that violate laws and regulations or that have the risks of violation of laws and regulations; or
    • (3) Acts to infringe or encourage to infringe the rights of third parties; or
    • (4) Acts that we judge to disturb this service or server; or
    • (5) Acts that contrary to public order and morals; or
    • (6) Usage of Users associated with antisocial forces; or
    • (7) Other acts that we judge the acts are inappropriate.
  • 6.5 When we find the prohibited acts that stipulated in the preceding paragraph, or when we judge that the acts fall under the said prohibited matter to Users, we shall be able to suspend and cancel offering this service to the User, and delete data in our server, etc. at our discretion. We are not responsible for any damage of the User caused by this/these step(s).
  • 6.6 In the case prescribed in 6.2 of this Article, if we suffer any damage, the User shall compensate us for the damages.

Article 7. (Legal Matters)

  • 7.1 When a registrant makes a reservation by using this service, an agreement for the reservation will be established between the registrant and the listing shop.
  • 7.2 A registrant and a listing shop shall be resolved concerning a problem of a reservation between the parties and we will not bear any responsibility for the problem with regard to the reservation other than problems of the provision of this service of the reservation.

Article 8. (Responsibility of Users)

  • 8.1 Users shall bear solely responsible for using the service and shall assure that the use of this service does not infringe the right of intellectual property rights of third party and the other rights.
  • 8.2 Notwithstanding the provision set forth in the preceding paragraph, in the event that problems arise with the use of this service by users, the users shall resolve such problems in their own costs and responsibilities, and we do not bear any responsibility.
  • 8.3 Users are required to take a backup of the data on the use of this service at their own responsibility. We do not bear responsible for the loss of data due to non-backup of the data .
  • 8.4 When users inflict damage on us by using this service, the users shall compensate such damage (including attorney’s fee).
  • 8.5 In the event that the users inflict damage on third party by using this service, the users shall indemnify the damage for their own expense and responsibility, and we shall not bear any responsibility. In such case, when we receive a claim for damages from third party, the users shall compensate the damage and expenses (including attorney’s fees) to the us.

Article 9. (Fee)

  • 9.1 Listing shops shall pay the fee that is specified separately for use of this service.
  • 9.2 Registrants shall pay the fee of booking that is specified individually and for other fees that are specified separately for use of this service.
  • 9.3 The payment of the fees that are set forth in the preceding paragraphs shall be in accordance with our regulations.

Article 10. (Disclaimer)

  • 10.1 We do not guarantee that users have specific effects by using this service.
  • 10.2 We do not guarantee that users has no influence of virus, etc. by the saving of data created on this website, by access to this website, and by use of this website. Users shall use this website at their own risk.
  • 10.3 We do not bear any responsible for any problems arising between users and third party regarding this service.
  • 10.4 We would not be held liable for reasons not attributable to us such as act of God, etc. (including fire, power outages, hacking, computer virus infestations, earthquakes, floods, wars, epidemics, trade suspension, strikes, riots, unsecured transportation facilities, intervention by governmental authorities, etc.), for reasons for arising from special circumstances, indirect damages including lost profits regardless of whether we foresee or not.
  • 10.5 Notwithstanding the provision of this article, in the case that we assume responsibility, our liability shall be limited to direct and general damage, and the maximum amount for the damage is the total amount we received actually during the past three (3) months.

Article 11. (Intellectual Property Rights)

  • 11.1 Intellectual Property Rights, etc. relating to this website and this service belong to us. Users shall use this service complying with the rules (英語上ruleの方が的確では) of use and shall not infringe the rights of other users, us and other third party. We would not bear any responsibility for cases where users have trouble related with the intellectual property rights, etc. of this website and this service.

Article 12. (Interruption, Suspension, Change of Contents, and Termination of Service)

  • 12.1 We may interrupt and suspend this service temporarily without prior notice or consent to users when we judge that it is necessary for the installation of necessary equipment for the operation of this service, maintenance operation of the system, or force majeure such as act of God (including fire, power outage, hacking, invasion of computer virus, earthquake, flood, war, epidemic, strikes, riots, impossibility of securing transportation facilities for goods, intervention by governmental authorities, etc.).
  • 12.2 We may change or terminate contents regarding the whole or a part of this service at our discretion with the prior notice to users.
  • 12.3 We would not be held liability for the damage suffered to users in the case of the preceding two (2) paragraphs. However, if whole of this service is permanently terminated, we will return the received payment for this service after the termination.

Article 13.(Cancellation of Registration)

  • 13.1 Registrants shall file a notification in accordance with the method predetermined by us in the cancellation of registration.
  • 13.2 We will not refund the paid fee regardless of reasons for the cancellation of registration.
  • 13.3 We may cancel the registration immediately without any notice to users for reasons that are fell under any of the following items:
    • (1) When we find there is the matter that we would not approve in the stage of the application of registration such as false contents of registration; or
    • (2) When there is gross negligence or betrayal; or
    • (3) when there is a suspension of payment, or when there is a file of provisional seizure, seizure and auction or commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings and special liquidation; or
    • (4) When there is a disposition of transaction suspension from a clearing-house; or
    • (5) When a registrant receives the process for recovery of taxes and public dues in arrears; or
    • (6) When a registrant is dissolved (except for the case of merger), is commenced a liquidation, or transfers all business to third party; or
    • (7) In case of suspension of business from the regulatory authority or disposition such as cancellation of business license or business registration; or
    • (8) When gross reasons that are difficulties to continue this Terms of Use or individual agreements equivalent to the respective items of the preceding paragraph are occurred.
  • 13.4 We may cancel the registration of the user when the user violates any one of the provisions of this Terms of Use that is not fell the respective items of the preceding paragraph and the user does not to redress the user's obligations even after giving a notice with a reasonable period of time.
  • 13.5 We or the user shall forfeit a benefit of time and shall pay off monetary obligation to be borne by the other party immediately without any notice or demand from other party when we or the user falls under any one of the items of paragraph 3
  • 13.6 When the user wishes to reregister after the cancellation of the registration, the user is required to register again. The user shall agree that the previous data does not take over after the process of the reregistration in advance.

Article 14. (Confidentiality)

  • 14.1 We and users shall handle the confidential information that is disclosed or provided by other party concerning the use of this service with due care of a prudent manager, and shall not use the confidential information for other purposes of this service or shall not disclose to or provide with third party without obtaining the written consent of other party in advance.

Article 15. (Collection, Analysis and Handling of Information of Users)

  • 15.1 We may use the registration information, terminal information and other information relating to the users in order to utilize for distribution, statistics and other services that we conduct, or in order to provide third party in a format that individuals are not specified.
  • 15.2 Because of the nature of this service, we provide registrants’ registration information for the listing shops for the purpose of the reservation control. The listing shops shall not use these information for purposes other than the reservation control of oneself.
  • 15.3 In order to understand usage situation of this service, we will collect usage information of this service by using information collection module such as cookie. Please refer to the terms of use and the privacy policy, etc. of each of providers regarding such information collection modules.
  • 15.4 We shall not be liable for damage caused by using information collection module such as Cookie, etc.
  • 15.5 Contact from this link if you are listed under GDPR and you want to inquire about our policy for GDPR. In addition, you have right to file complaints against the regulatory authority if your allegation is not dealt appropiately.

Article 16. (Term of Validity)

  • 16.1 This Terms of Use applies to users who are under registration.
  • 16.2 The provision 6, 7, 8, 9, 10, 11, 14, 17, 18, 20, and the other items that are planned to survive in the nature shall be effective even after the cancellation of the registration of the user.

Article 17. (Elimination of Anti-Social Forces)

  • 17.1 We and users shall express and guarantee that both parties are not fell under any of the following items for present and future:
    • (1) Matters of falling under Anti-social forces; or
    • (2) Matters of relationship that the management is dominated by Anti-social forces; or
    • (3) Matters of relationship that Anti-social forces are substantially involved in management; or
    • (4) Matters of relationship that is perceived to use Anti-social forces unfairly, such as purposes of unfair profit of oneself or third party, or purposes of damaging third party; or
    • (5) Matters of relationship that is perceived to be involved such as providing convenience or funds, etc. to Anti-social forces; or
    • (6) Matters of socially criticized relationship that the director or person who is substantially related with management is involved with Anti-social forces; or
    • (7) Matters of damage to credit or obstruction of business through violent claims, threatening behavior, unreasonable demands beyond legal liability, credibility damage or disruption of business by the spread of rumors, fraudulent and force, etc. by oneself or using third party.
  • 17.2 We or users may terminate immediately all agreements related with this service without any notice and may claim compensation for damages incurred if we or users find that other party violates the expression and guaranties in the preceding paragraph and falls under any of the items of the preceding paragraph.

Article 18. (Transfer of Rights and Positions)

  • 18.1 We and users shall not transfer, sublease, collateralize, or have any action to dispose of any rights, obligations, and positions concerning this service without consent from other party.

Article 19. (Consented Solution)

  • 19.1 We and users shall promptly consult and resolve any matter not stipulated in, or arisen interpretation of the Terms of Use in accordance with the principle of good faith.

Article 20. (Jurisdiction)

  • 20.1 The lawsuit between we and users shall be held at exclusive jurisdiction upon the district court or summary court where the court governs the head office of us.

Article 21. (Governing law)

  • 21.1 The interpretation of this Terms of Use shall be governed by the laws of Japan.

Regulations Established in August 2017

The governing language of this Terms of Use shall be Japanese. If an English translation hereof is made for reference purpose, only the Japanese original shall have the effect of this Terms of Use and such English translation shall have no effect.