Article 1 (Applicable Scope)
These Terms are applicable to all users who have been registered for using the System.
Article 2 (Registration)
- A person who wishes to use the System (the "Registration Applicant") may apply for registration to use the System by agreeing to observe these Terms and providing to Toreta certain information (the "Registration Information") prescribed by Toreta according to the method designated by Toreta.
- The application for registration shall be filed by the individual or corporation that will use the System, and, as a general rule, may not be filed by an agent. Furthermore, the Registration Applicant must provide true, accurate and latest information to Toreta upon applying for registration.
- Toreta will determine whether to register the Registration Applicant in accordance with the criteria prescribed by Toreta, and, if Toreta determines that it will not register the Registration Applicant, Toreta will notify the rejection of the registration to the Registration Applicant. In the case where the Registration Applicant makes a reservation through the System, it shall be deemed that the registration of the Registration Application as a user is completed.
- At the time that the registration is completed as set out in the immediately preceding paragraph, the license agreement of the System in accordance with the various provisions of these Terms (the "License Agreement") will be concluded between the user and Toreta, and the user may use the System according to the method designated by Toreta.
Toreta may refuse the request of the registration if the individual or corporation that applied for the registration pursuant to this Article 2.1 falls under any of the events listed in each of the following items:
- (1)Toreta determines that the individual or corporation seems to breach these Terms;
- (2)all or a part of the Registration Information provided to Toreta contains a false, an erroneous or an omission;
- (3)the registration of the individual or corporation for using the System has previously been cancelled;
- (4)the individual is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the necessary consent of his/her respective legal representative, guardian, curator or assistant;
- (5)Toreta determines that the individual or corporation is antisocial forces (which mean gang groups, gang members, right-wing groups or other similar entities; the same shall apply hereinafter), or the Company determines that the individual or corporation is associated with or involved in antisocial forces in any manner such as cooperating or engaging in maintenance, operation, management of antisocial forces through funding or any other method; or
- (6)Toreta otherwise determines that the registration of the individual or corporation is inappropriate.
Article 3 (Change of Registration Information)
If there is any change to the Registration Information, the user shall promptly notify Toreta of the change according to the method designated by Toreta, and submit materials requested by Toreta.
Article 4 (Management of Password and User ID)
- In the case where a password and a user ID are provided to the user at the timing of the registration, the user shall manage and keep the password and the user ID under its own responsibility, and shall not allow a third party to use them, or shall not lease, assign, transfer or sell them to others.
- The user shall be liable for any damage arising out from the inadequate management, erroneous use or use by a third party, etc. of the password and/or the user ID, and Toreta shall not be liable in any way for such damage.
- In the case where it is discovered that the password and/or the user ID has been stolen or used by a third party, the user shall immediately notify it to Toreta, and follow the instructions given by Toreta.
Article 5 (Relation with Restaurant)
- All transactions and negotiations with the restaurant, etc. registered in the System (the "Restaurant") shall be conducted between the user and the Restaurant, and Toreta shall not be liable in any way for the relationship between the Restaurant and the user including a reservation, cancellation of reservation and payment of fees.
- In the case where the user cancels or changes a reservation after making an official reservation with the Restaurant through the System, the user shall take procedures for cancelling or changing the reservation through the System or by directly contacting the Restaurant. In these cases, any cancellation fee or rebooking fee arising pursuant to the cancellation/rebooking policy prescribed by the Restaurant shall be directly paid by the user to the Restaurant. The deadline of the procedures for cancelling or changing the reservation through the System are different depending on each Restaurant, and the user shall directly notify the cancellation or change of the reservation to the Restaurant on and after the deadline of each Restaurant. The cancellation policy of the Restaurant shall be applicable to other arrangements concerning the cancellation fee or rebooking fee, and Toreta shall not be involved in any way.
The user shall pay attention to the following points upon using the System.
- (1)The availability and pricing of the Restaurant in the System may be different from the information that is provided by the Restaurant through other than the System.
- (2)The Restaurant may change the pricing in the System. In this case, the new pricing shall be applicable only to the users who made a reservation after the price change, and the pricing at the time of reservation shall be applied to users who made the reservation before the price change.
- (3)The information regarding the Restaurant provided through the System is directly registered by the Restaurant to the System and under the responsibility of the Restaurant , and Toreta shall not be liable in any way for the provided information.
- (4)In case where Toreta determines that there was dishonesty in the registered contact information regarding the user, Toreta may invalidate the reservation by such user upon a request from the Restaurant.
Article 6 (Copyrights)
- Please use the System upon appropriately making various settings of standard character display and email transmission/reception, etc. If the settings are not standard, Toreta shall not be liable in any way for the operational results and various consequential influences caused by such settings. The same shall apply to cases where the System does not operate properly due to the OS or LAN environment or circumstances of the devices that are used by the user.
- Without obtaining Toreta's permission, the user shall not, in any way, use any information or file provided through the System beyond the scope of the user's private use set out in the Copyright Act.
- Without obtaining Toreta's permission, the user shall not, in any way, cause a third party to use or disclose any information or file provided through the System.
- If a dispute arises as a result of breaching the provisions of this Article 6 by the user, the user shall resolve such dispute under its own cost burden and responsibility, and shall not cause any damage to Toreta or a third party.
Article 7 (Discontinuation, Suspension and Termination of System)
In the event that one of the following items applies, Toreta may discontinue or suspend the operation of the System without any prior notice to the user. In this case, Toreta shall not be liable in any way for any damage suffered by the user due to the discontinuation or suspension of the operation of the System:
- (1)Toreta periodically or urgently performs the maintenance of the System;
- (2)the System cannot be provided normally due to wars, riots, disturbances, labor disputes, earthquakes, eruptions, floods, tidal waves, fires, blackouts or other emergencies;
- (3)there is a breach of these Terms and Toreta determines that the discontinuation or suspension of the operation of the System is required; or
- (4)Toreta otherwise determines that the operation of the System needs to be suspended temporarily.
- Toreta may terminate the provision of the System for Toreta's convenience. In this case, Toreta shall notify the user of such termination in advance and in this case, Toreta shall not be liable in any way for any damage suffered by the user due to the termination of the System.
Article 8 (Disclaimer, etc.)
Upon using the System, Toreta shall not be liable for the hindrance of the reservation system or the reservation because of the cease of the System due to troubles encountered by the provider or other third parties, or systems.
Article 9 (Dispute Resolution and Compensation for Damage)
- If the user causes damage to Toreta as a result of breaching these Terms or in relation to the use of the System, the user shall compensate such damage suffered by Toreta.
- If the user receives a complaint from other users, the Restaurant or any other third party in relation to the System, or a dispute arises with such other user, Restaurant or third party, the user shall immediately notify Toreta of the details thereof, handle the complaint or dispute under the user's cost burden and responsibility, and report the process and results thereof to Toreta based on the request of Toreta.
- If Toreta receives a claim from other users, the Restaurant or any other third party due to the infringement of rights or other reasons in relation to the use of the System by the user, the user shall compensate any monies that were paid by Toreta to such third party by necessity based on such claim.
- Toreta shall not be liable in any way for compensating any damage suffered by the user in relation to the System. Even if Toreta is liable for the damage by the application of Consumer Contract Law of Japan or other reasons, the liability of Toreta for the damage are limited to 1000 yen.
Article 10 (Prohibited Matters)
The user shall not conduct the following acts upon using the System:
- (1)act that infringes or would infringe the copyrights or other rights of other users, the Restaurant, a third party or Toreta;
- (2)act that infringes or would infringe the property or privacy of other users, the Restaurant, a third party or Toreta;
- (3)in addition to the acts prescribed in (1) and (2) above, act that causes or would cause, disadvantage or damage to other users, the Restaurant, a third party or Toreta;
- (4)act that against or would against public order and good moral;
- (5)criminal act or act that leads or would lead a criminal act;
- (6)act that is conducted for profit through the System or in relation to using the System or act that is conducted for the preparation thereof, without obtaining the approval of Toreta;
- (7)unauthorized use of the System;
- (8)act that is conducted based on false information;
- (9)act of using or providing a harmful program such as a computer virus through the System or in relation to the System;
- (10)act that violates or would violate laws; or
- (11)any other act that is determined inappropriate by Toreta.
- In the case where Toreta acknowledges that the user conducted an act which falls under one of the items prescribed in the immediately preceding paragraph, Toreta may delete the user's information or take other necessary measures without any notice. Furthermore, the user shall pay close attention not to cause any damage to other users, the Restaurant, a third party or Toreta. In the event the user causes damage to other users, the Restaurant, a third party or Toreta, the user shall bear all legal liabilities.
Article 11 (Configuration upon Using System)
Please use the System upon appropriately making various settings of standard character display (display in Japanese language) and email transmission/reception, etc. if the settings are not standard, Toreta shall not be liable in any way for the operational results and various consequential influences caused by such settings. The same shall apply to cases where the System does not operate properly due to the OS or LAN environment or circumstances of the devices that are used by the user.
Article 12 (Handling of Personal Information)
Toreta will use the user's personal information which became known through the System for the following purposes:
- (1)for notifying the user's reservation information to the Restaurant with which the user made the reservation;
- (2)for enhancing the contents of the service provided by Toreta;
- (3)for contacting the user as required; and
- (4)for conducting surveys related to the status of utilization and usage environment or providing various reports (limited to formats in which individuals cannot be identified, such as the tabulation and analysis of attributes) to the Restaurant and Toreta internally.
Toreta shall not disclose or provide the user's personal information to a third party excluding in cases of providing it to the Restaurant with which the user made the reservation and in case where one of the following cases is applicable:
- (1)the user's consent is obtained;
- (2)required for the purpose of use set out in Article 12.1;
- (3)disclosure is required for criminal investigation or other reasons by the police, prosecutor, court, bar association or other institution possessing equivalent authority;
- (4)there is an urgent necessity for protecting the life, body or property of individuals; or
Article 13 (Cancellation of Registration)
If any of the events listed in each of the following items is applicable to the user, Toreta may suspend the user's use of the System or cancel the registration of the user without any prior notice or formal demand:
- (1)the user breaches any of the provisions in these Terms;
- (2)it is discovered that the Registration Information contains false information;
- (3)the user uses or attempts to use the System for the purpose of causing damage or based on a method that may cause damage to Toreta, other users, the Restaurant or a third party;
- (4)the user obstructs the operation of the System regardless of the measures which the user takes;
- (5)the user suspends its payment or becomes insolvency, or a application with respect to the user is filed against the user for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation or other similar proceedings;
- (6)a note or a check drawn or underwritten by the user is dishonored, or the user receives a disposition for suspension of transaction by a clearinghouse or other similar measures;
- (7)a petition is filed against the user for attachment, provisional attachment, provisional disposition, compulsory execution or auction;
- (8)the user receives a disposition for failure to pay taxes and public dues;
- (9)the user dies or receives a judgment for commencement of guardianship, curatorship or assistance;
- (10)the user does not use the System for six (6) months or longer, and the user does not respond to communication from Toreta;
- (11)the user falls under one of the items under Article 2.5; or
- (12)Toreta otherwise determines that the continuation of registration as a user is inappropriate.
- In case where any of the item under the immediately preceding paragraph, the user shall forfeit its benefit of time regarding all debts borne against Toreta as a matter of course, and shall immediately pay all such debts to Toreta.
- Toreta shall not be liable in any way for any damage suffered by the user due to the acts taken by Toreta based on this article.
- By notifying to Toreta at least fourteen (14) days in advance complying with the way prescribed by Toreta, the user may cancel its registration as a user.
Article 14 (Effective Term)
The License Agreement shall come into force on the day that the registration of the user based on Article 2 is completed, and continue to remain in force between Toreta and the user until the day that the user's registration is cancelled, or the day that provision of the System is terminated, whichever is earlier.
Article 15 (Amendments to these Terms)
- Toreta may arbitrarily change the contents of the System.
- Toreta may arbitrarily amend these Terms. If Toreta amends these Terms, Toreta shall notify the user of the amendments, and, if the user uses the System after being notified of the amendments or fails to take the registration cancellation procedures within the period designated by Toreta, the user shall be deemed to have agreed to the amendments of these Terms.
Article 16 (Assignment of these Terms)
- Without obtaining Toreta's prior written approval, the user may not assign, transfer or offer as security to a third party or otherwise dispose its status under the License Agreement or the rights or obligations under these Terms.
- In the event that Toreta transfers its business in relation to the System, Toreta may assign to a third party its status under the License Agreement or the rights and obligations under these Terms as well as the user's Registration Information and other customer information, and the user shall agree in advance to the assignment in this paragraph. The transfer of business set out in this paragraph shall include not only a standard business transfer, but also all cases where the business is transferred such as through a corporate split, etc.
Article 17 (Jurisdiction)
Any dispute arising between the user and Toreta in relation to these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court for the first instance.
Article 18 (Good-Faith Consultation)
In the case where any matter that is not prescribed in these Terms or any doubt with regard to the interpretation of these Terms arises, the user and Toreta shall consult in good faith and resolve such matter or doubt.
Article 19 (Revision and Renewal of these Terms)
Toreta may revise or renew these Terms and the System without obtaining the prior approval of the user. After these Terms are renewed, only the renewed Terms shall be effective.
[Enacted at 22 May, 2014, amended at 1 August 2014]