Terms of Use – Web Reservation System

1. Scope of Application

The Terms of Use shall apply to all persons and entities who use the System (hereinafter referred to collectively as “Users”, and individually as “User”).

2. Registration

1. 2.1Those who wish to use the System shall agree to abide by the Terms of Use and register certain information as determined by us in the manner prescribed by us.
2. 2.2Users must register true, accurate and up-to-date information.
3. 2.3
   We reserve the rights to refuse the use of the System by a User if We determine that the User falls under any of the following:

   1. (1)When We reasonably judge that there is a possibility of violation of these Terms of Use;
   2. (2)If there is any falsehood, error, or omission in all or part of the information registered in the System;
   3. (3)If it is found that the person has been previously refused to use the System;
   4. (4)The person is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant;
   5. (5)If the User is an anti-social force (meaning a crime syndicate, a member of a crime syndicate, a person for whom five years have not passed since he/she ceased to be a member of a crime syndicate, a right-wing organization, a quasi-member of a crime syndicate, an extortionist, a social movement advocacy group, a special intelligence group or any other similar group) or if We reasonably determine that the person is a person who has been involved in the maintenance, operation, or management of antisocial forces, through the provision of funds or otherwise, or is involved in some other form of interaction or involvement with antisocial forces;
   6. (6)In the event that a User cancels a reservation at a Restaurant (as defined in Article 3) without prior notice (hereinafter specifically referred to as “unauthorized cancellation”) or cancels immediately before the reserved time, makes two or more reservations for the same time slot, makes a reservation for a Restaurant without the intention of using it, sells or provides a third party with a reservation slot for a Restaurant obtained through the System, or does any other similar act; or
   7. (7)In any other cases where We reasonably determine that the User’s use of the System is not appropriate.

3. Relationships with Restaurants

1. 3.1In the event that a restaurant, etc. registered the System (hereinafter referred to collectively as the “Restaurants”, and individually as “Restaurant”) has any regulations (cancellation policy or any other regulations by whatever name) regarding reservations, the User shall make a reservation at the Restaurant, etc. upon agreeing to such regulations. All transactions and negotiations with restaurants registered in the System shall be conducted between the User and the Restaurant. We assume no responsibility for the relationship between Users and Restaurants, including reservations, cancellation of reservations, changes to reservations, and payment, except in the case of willful misconduct or gross negligence on us.
2. 3.2If a User wishes to cancel or change a reservation after making a formal reservation through the System, the User shall cancel or change the reservation through the System or by directly contacting the Restaurant concerned. In such cases, the User may be charged a cancellation fee or change fee by the Restaurant in accordance with the rules and regulations of the Restaurant. The User shall pay such cancellation or change fees to the Restaurant. With respect to reservations made through the “Cancellation Protection” service provided by us, the cancellation fee or change fee will be settled by the credit card registered by the User at the time of reservation and will be paid to the Restaurant through the payment service provided by Stripe Japan KK or its affiliates (hereinafter referred to as “Stripe Service”). For the avoidance of doubt, even if the User registers a credit card at the time of reservation, at that time, only a line of credit is secured for the payment of cancellation or change fees, etc., and no payment is made. If no cancellation or change fees are incurred, such as when the User visits the Restaurant, the credit line will be released approximately seven (7) days after the date of such visit. However, if a debit card is registered, the amount equivalent to the cancellation or change fee may be debited immediately after registration, but will be refunded a few days to a few weeks later. In addition, the User shall agree in advance that the service named “Cancellation Protection” is provided through the Stripe Service, that the conditions for refunds of cancellation and change fees and other conditions for settlement of cancellation and change fees are subject to the provisions of the Stripe Service, and that We shall not be liable for any delay in payment or refund of cancellation or change fees, etc., except in the case of our willful misconduct or gross negligence.
3. 3.3The deadline for canceling or changing a reservation through the System varies depending on the Restaurants. After the deadline, the User shall notify the Restaurant, directly of the cancellation or change. Any other conditions regarding cancellation or change, including the amount or calculation method of the cancellation fee or change of reservation fee, shall be in accordance with the rules and regulations of the relevant Restaurant.
4. 3.4
   When using the System, Users should be aware of the following points as such:

   1. (1)The availability of seats, course prices, and other information on the System may differ from the information provided elsewhere by the Restaurant;
   2. (2)The Restaurant may change the course price or other information in the System. In this case, the changed price will be applied only to those who have made a reservation after the change, and the price at the time of reservation will be applied to those who have already made a reservation;
   3. (3)The information provided by the System regarding Restaurants is the direct responsibility of the Restaurants that register with the System, and We do not guarantee the truthfulness, currency, certainty, or any other aspect of the information provided, nor do We assume any responsibility for it, except in the case of willful misconduct or gross negligence on us;
   4. (4)We do not guarantee the safety, quality, accuracy, reliability, integrity, legality, or otherwise of the food and beverage services provided by the Restaurants, and, except in the case of willful misconduct or gross negligence on us, We are not responsible for any of these; or
   5. (5)If We reasonably determine that there is any irregularity in the registration of contact information by the User, or if We reasonably determine that the User is otherwise in violation of the Terms of Use, We may, upon the request of the Restaurant, void the reservation of such User.

4. Improvement of the Usage Environment

1. 4.1The User shall, at his/her own responsibility and expense, properly prepare the terminal, software, communication lines, and other necessary environment for using the System. We shall not be involved in, nor assume any responsibility for, the User’s usage environment, except in the case of willful misconduct or gross negligence on us.
2. 4.2Please use the System with appropriate settings for general character display (Japanese display), e-mail, and other settings. If the settings are not appropriate, We assumes no responsibility for the results of operation or any other effects that may result, except in the case of willful misconduct or gross negligence on us. The same shall also apply if the System does not operate properly due to the OS, LAN environment, or the circumstances of the device used.
3. 4.3The Users shall take security measures such as preventing computer virus infection, unauthorized access, and information leakage, at their own responsibility and expense, as appropriate to their usage environment.

5. Attribution of Rights

1. 5.1All intellectual property rights (meaning copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights)) related to the System (including all information provided through the System) belong to us or any person who has granted a license to us.
2. 5.2We grant to the User the right to use the System (including all information provided through the System) in accordance with the Terms of Use only for private use, and do not transfer or grant any rights not specified in the Terms of Use.
3. 5.3We do not transfer or grant any license to the User or any third party to use any content, including trademarks, logos, or other marks, displayed on the website for the provision of the System.
4. 5.4Users shall use the System only under the conditions provided by us and shall not develop or provide any system or service that imitates the System, nor shall they reproduce, modify, alter, publish, or engage in any other similar activities with respect to the contents of the System or the materials and information used on the website for the provision of the System.
5. 5.5In the event that a dispute arises with a third party due to a violation of the provisions of this Article, the User shall resolve said dispute at his/her own expense and responsibility, and shall not cause damage to us, other Users, or the Restaurant.

6. Discontinue, Suspend or Terminate the System

1. 6.1
   We reserve the right to discontinue or suspend the operation of the System without prior notice in the following cases. In such cases, We shall not be liable for any damages incurred by the User due to the discontinuation or suspension of the operation of the System, except in the case of willful misconduct or gross negligence on us.

   1. (1)In the event of periodic or emergency maintenance of the System.
   2. (2)When the System cannot be provided as usual due to war, riot, disturbance, labor dispute, earthquake, eruption, flood, tsunami, fire, power outage, or other force majeure or emergency.
   3. (3)If the User violates the Terms of Use.
   4. (4)In any other cases where We deem it necessary to temporarily suspend the operation of the System.
2. 6.2We reserve the right to terminate the provision of the System at our convenience. In this case, We shall notify the User in advance. In this case, We shall not be liable for any damages incurred by the User as a result of the termination of the System, except in the case of willful misconduct or gross negligence on us.

7. Disclaimer

1. 7.1If the operation of the System becomes impossible due to a third party such as an internet provider (including systems owned and operated by a third party) (including, but not limited to, the case where the reservation system and reservation contents are interfered with, the case where the Stripe Service is interfered with, or the case where the linkage with the Stripe Service is interfered with), We shall not be liable for any damage incurred by the User because of this, except in the case of willful misconduct or gross negligence on us. The same shall apply in the event of loss, destruction, or damage of reservation details or other data transmitted by the User while using the System due to a malfunction of the external server used by the System or for any other reason.

8. Dispute Resolution and Compensation for Damages

1. 8.1In the event that User causes damage to us by violating the Terms of Use or in connection with the use of the System, the User must compensate us for such damage.
2. 8.2In the event that User receives a claim from, or has a dispute with, another User, Restaurant, or other third party in relation to the System, the User shall immediately notify us of the details of such claim or dispute, handle such claim or dispute at the User’s expense and responsibility, and upon our request, report the progress and results thereof to us.
3. 8.3If We receive any claims from other Users, Restaurants, or other third parties for infringement of their rights or for any other reason in connection with the use of the System by the User, the User must indemnify us for any amounts that We are forced to pay to such third parties based on such claims.
4. 8.4In the event that We are liable for damages to Users in relation to the System, our liability shall be limited to 1,000 yen, except in the case of willful misconduct or gross negligence on us.

9. Prohibitions

1. 9.1
   In using the System, Users shall not engage in any of the following acts.

   1. (1)Any act that infringes or may infringe upon the intellectual property rights or other rights or interests of other Users, the Restaurants, third parties, or us. For the avoidance of doubt, disassembling, decompiling, reverse engineering, analyzing the source code of the software involved in the System, or any other similar act, as well as each of the acts stipulated in Article 2, Paragraph 3, Item 6, including the act of unauthorized cancellation, are prohibited under this item.
   2. (2)Infringing or threatening to infringe on the property or privacy of other Users, the Restaurant, third parties, or us.
   3. (3)Intentionally registering untruthful information in the System (including registering a third party’s information without that third party’s consent).
   4. (4)In addition to (1), (2), and (3) above, acts that cause or may cause disadvantage or damage to other Users, the Restaurant, third parties, or us.
   5. (5)Acts that are or may be offensive to public policy.
   6. (6)Criminal acts or acts that lead or may lead to criminal acts.
   7. (7)Commercial acts or acts in preparation for commercial activities conducted through or in connection with the System (except with our prior consent).
   8. (8)Any act that illegally uses the System or places an excessive burden on the System or our servers, etc.
   9. (9)Any act that unfairly discriminates against or slanders other Users, the Restaurant, third parties, or us, or that damages the honor or credibility of other Users, the Restaurant, third parties, or us.
   10. (10)Use or provide harmful programs such as computer viruses through or in connection with the System.
   11. (11)Violating or threatening to violate any laws or regulations.
   12. (12)Providing benefits to antisocial forces.
   13. (13)Using violence or threatening words or actions (including, but not limited to, telling a person that the User himself/herself or related person is an antisocial force).
   14. (14)Acts that may interfere with the operation of the System by us.
   15. (15)Use of the System for the purpose of competitive analysis.
   16. (16)Other acts that We reasonably deem inappropriate.
2. 9.2In the event that any of the actions described in the preceding paragraph are recognized, We may take necessary measures such as deleting the information of the User in question without any notice. In addition, the User shall take the utmost care not to cause damage to other Users, the Restaurant, third parties, or us, and if damage is caused to other Users, the Restaurant, third parties, or us, the User shall compensate for such damage and assume all legal responsibility for it. The User agrees in advance that We may provide the Restaurant with the IP address from which the User made the reservation and other information related to the User if the Restaurant suffers damage as a result of the User’s conduct described in the preceding paragraph.

10. Handling of Personal Information

1. 10.1
   Please refer to URL https://toreta.in/terms/pp_web_reservation/ for the handling of personal information of Users obtained by us through the System. The User agrees to its handling of the User’s personal information in accordance with this policy.

11. Suspension of Provision of the System

1. 11.1
   If We reasonably determine that a User falls under any of the following items, We may, without prior notice or demand, temporarily suspend the provision of the System to such User or delete the information registered by the User.

   1. (1)If the User violates any of the provisions of the Terms of Use.
   2. (2)If the information registered by the User is found to be false.
   3. (3)If the User uses or attempts to use the System for any purpose or in any manner that may cause damage to other Users, the Restaurant, any other third parties, or us.
   4. (4)If the User interferes with the operation of the System in any way.
   5. (5)If the User becomes insolvent or unable to make payments, or files a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings.
   6. (6)In the event that a bill or check drawn or underwritten by the User itself is dishonored or the User has been rendered a disposition to suspend transactions by a clearinghouse (electronic exchange/denshi-kokansyo) or other similar action.
   7. (7)If there is a petition for seizure, provisional seizure, provisional disposition, judicial enforcement, or auction.
   8. (8)If the User receives a disposition to collect arrears of taxes and duties.
   9. (9)In the event of death, or in the event of the commencement of guardianship, conservatorship, or assistance, and there are reasonable grounds for suspension of use of the System or deletion of information registered as a User.
   10. (10)If the User has not used the System for more than 6 months and has not responded to our communications.
   11. (11)When any of the items of Article 2, Paragraph 3 applies.
   12. (12)If the User falls under the category of antisocial forces or has a relationship with antisocial forces.
   13. (13)In addition, if We reasonably determine that it is not appropriate for the User to continue using the System.
2. 11.2In the event that any of the events listed in each item of the preceding paragraph applies, the User will naturally lose the benefit of time with respect to all debts owed to us and must immediately make payment of all debts to us.
3. 11.3We shall not be liable for any damages incurred by the User as a result of actions taken by us in accordance with this article, except in the case of willful misconduct or gross negligence on us.

12. Disclaimer of Warranty and Disclaimer of Liability

1. 12.1We make no warranty that the System is free from errors, bugs, defects, or security flaws, that it does not infringe on the rights of third parties, or that it has the characteristics and commercial value expected by Users.
2. 12.2We do not guarantee that the System is compatible with all information terminals and browsers. In addition, the User acknowledges in advance that malfunctions may occur in the operation of the System as a result of upgrades to the User’s terminal OS or browser, and that such malfunctions may not be resolved by program modifications made by us.
3. 12.3In the event that a dispute arises between Users or between a User and a third party (including the Restaurant) regarding the System, the User shall attempt to resolve the dispute at his/her own responsibility and expense, and We shall not be involved in the dispute, and shall assume no responsibility except in the case of willful misconduct or gross negligence on us.

13. Changes to the Terms of Use

1. 13.1We reserve the right to change the contents of the System at any time. We shall not be liable for any damages incurred by Users as a result of such changes, except in the case of willful misconduct or gross negligence on us.
2. 13.2We reserve the right to change the Terms of Use at its own discretion. In the event of modification of the Terms of Use, We shall notify the User of the contents of the Terms of Use after modification and the effective date of the modification by the effective date of the modification. If a User uses the System after the effective date, the User shall be deemed to have agreed to the changes in the Terms of Use.

14. Assignment

1. 14.1Users may not assign, transfer, pledge, or otherwise dispose of their contractual status with us under the Terms of Use, or their rights or obligations under the Terms of Use, to any third party without our prior written consent.
2. 14.2In the event that We transfer the business related to the System to another company, We may transfer the contractual status with it based on the Terms of Use, rights and obligations based on the Terms of Use, and Users’ information to the transferee of such business transfer, and the User agrees to such transfer in advance in this section. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also company splits and any other cases in which business is transferred.

15. Confidentiality

The Users shall not disclose to any third party any information (excluding publicly known information) provided by or obtained from us through the use of the System without our prior written consent.

16. Severability

If any provision of the Terms of Use or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.

17. Governing Law and Arbitration

The Terms of Use shall be governed by the laws of Japan without regard to conflict of laws principles. Any and all disputes arising out of or in connection with the Terms of Use Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.

18. Good Faith Conference

When matters arise that are not stipulated in the Terms of Use, or when questions arise regarding the interpretation of the Terms of Use, the User and We shall discuss and resolve them in good faith.

The Terms of Use shall be executed in the Japanese language. Japanese shall be the governing language and any translation of the Terms of Use into any other language is for convenience of reference only and shall not bind the parties hereto.

Prescribed on May 22, 2014
Revised on August 1, 2014
Revised on June 3, 2019
Revised on July 11, 2023
Revised on November 9, 2023