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Client Terms of Use

These Terms of Use (hereinafter referred to as the “Terms”) are based on the service 〝Japan Food Culture Entertainment (J-FCE)'' (https://j -fce.net) (hereinafter referred to as the "Service"), and established between SHiDAX Corporation (hereinafter referred to as the “Company” and the client using the Service.

 

Article 1 (Definition)

The following terms used in these Terms shall have the meanings set forth below.

1. “Service” refers to the information provision service (https://j-fce.net) regarding business outsourcing between Restaurant and Clients, which is provided by the Company and is named “J-FCE” .

2. "Client" means a person who agrees to these Terms and uses this Service to entrust or intend to entrust business to a restaurant.

3. "Restaurant " refers to restaurants that have agreed to these Terms and have passed the Company's screening that use the Service to entrust or intend to entrust work requested by the Client.

4. "Transaction" refers to a business outsourcing contract (hereinafter referred to as the “Contract”) between the Client and Restaurant conducted using the Service. There are two types of transactions: "on-site" type, where the Restaurant travels to the hotel where the Client is staying, and "visitor type", where the Client visits the Restaurant.

5. "Agreement" refers to the contract established between the Client and the Company in accordance with the provisions of these Terms regarding the Client's use of the Service.

6. "Intellectual property rights" refers to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (the right to acquire such rights or apply for registration, etc., of such rights).

 

Article 2 (Agreement to Terms)

1. The Client must use the Service in accordance with the provisions of these Terms.

2. The Client may not use the Service unless he or she gives valid and irrevocable consent to these Terms.

3. By actually using this service, the client is deemed to have validly and irrevocably agreed to these terms.

 

Article 3 (Contents of Service)

1. Through the provision of information through this Service, the Company provides tools and platforms for clients and restaurants to enter into Contracts.

2. The purpose of this Service is for the Client and the Restaurant to directly conclude a Contract, and the Company is not a party to this transaction. However, the company will be entrusted by the Restaurant and will handle administrative matters such as payments (hereinafter referred to as the “Transaction fee”) to the Restaurant based on this Transaction.

3. When a client uses this Service to conclude a Contract with a Restaurant, the contract will be in the form of a Contract.

4. In this Service, the Company does not confirm or guarantee the content, quality, etc. of the selection of the Restaurant to conduct the Transaction, the execution of the business based on the Transaction, or the results thereof, and does not provide any reason for any defects thereof. We do not take any responsibility whatsoever.

 

Article 4 (Registration)

1. Those who wish to become a user of this Service must agree to the contents of this Terms and register as a user according to the procedures the reservation site established by the Company. Minors, adult wards, wards, and persons under assistance will not be able to register as users if the information has not been set and entered by a legal representative, or if the prior consent of a legal representative has not been obtained.

2. When the Client registers information about himself or herself when using the Service, the Client must provide true, accurate and complete information, and if there are any changes to the registered information, the Client must carry out the change procedures without delay.

3. The Client undertakes that all information provided to the Company, including registration information, is correct.

4. If the Client registers a password when using this Service, the Client must strictly manage it at their own responsibility to prevent unauthorized use. The Company may regard any actions performed using the registered email address or password as the actions of the Client himself/herself.

 

Article 5 (Application and acceptance of this Service)

1. The Client shall apply for the use of this Service after agreeing to these Terms and following the procedures prescribed by the Company. However, minors may not apply for this service even if they have the consent of their legal representative.

2. The Client shall , as a result of the Company’s examination, acknowledges in advance thatthe Company may not approve the application set forth in the preceding paragraph. In the event the Company do not approve, the Company shall not be obliged to disclose the reason to the Client.

3. If the Company accepts an application from a client, a contract regarding the use of the Service based on these Terms will be concluded between the client and the Company, regardless of whether the client is notified of acceptance. holds true.

 

Article 6 (Transactions between the restaurant and the client)

1. Clients can search for a restaurant that meets his/her desired conditions from among the Restaurants registered in this Service and request outsourced work.

2. At the time of receiving an application for this Transaction from the Client, the Restaurant and the Client will agree to the food and beverage service that the Restaurant will carry out to the client, as well as any related work ((hereinafter referred to as the " Outsourcing Services"), Contract will be concluded directly. Additionally, the client cannot avoid paying the price in accordance with the cancellation policy set forth in Article 10.

3. The Client acknowledges in advance that even after the Contract set forth in the preceding paragraph has been concluded between the Restaurant and the Client, the reservation may be canceled due to the Restaurant's circumstances. In addition, the Client shall not raise any objections regarding the cancellation by the Restaurant.

4. The Client is responsible for all matters related to the Transaction between the Restaurant and the Client (including, but not limited to, registration, schedule management, search for desired conditions, requests, cancellations, provision of services, liability for non-compliance with the contract, etc.). As a general rule, the Company shall not intervene in any trouble between the restaurant and the client, and the client may not ask the Company to resolve the trouble. However, if the Company deems it necessary for the smooth operation of the Service, the Company may intervene in troubles between the client and the restaurant business, between clients, or between the restaurant business partners.

5. Acts of concluding a contract and paying compensation to a Restaurant that the client has learned about through this Service, without going through this Service (including direct contracts between the Client and the Restaurant) (including but not limited to) are prohibited. In the event that it is discovered that the Client has committed the above acts, the Client must pay the Company an amount equivalent to 10 times the total amount of commission fees received from the Company in the past as a penalty.

6. The Company is not responsible for any communication between the Restaurant and the Client[槇1] .

 

Article 7 (Provision of Services)

1. On the day the Service is provided, the Client shall directly visit the Restaurant at the specified time. Travel costs required to visit the Restaurant will be borne by the Client.

2. The Restaurant will provide the Outsourcing Services that have been agreed upon in advance with the Client.

3. The Client shall request the Services with the understanding that the food photos of the restaurants they deal with posted on the site are merely illustrative photos, and that the Restaurants they deal with will provide services depending on the season and purchasing status. In addition, in order to ensure that the Restaurant can smoothly carry out the work entrusted to us by the Client, the Client and the Restaurant will communicate the client's requests to the restaurant with as proactively and accurately as possible.

4. If the start time is delayed due to reasons at the Restaurant, the Client will be contacted in advance by phone, email.

5. If advance notice is given and there is a delay of less than one[1] hour due to road or traffic conditions or other reasons not attributable to the Client or the  Restaurant, the Contract between the Restaurant and the Client shall continue. However, the Client acknowledges that the service delivery time may be shortened. Neither the Restaurant nor the Client may cancel this transaction based on the delay.

6. If the Client is late for more than one[1] hour after the Service start time, regardless of whether the Client is at fault or not and whether or not the Client has contacted the Restaurant  in advance, the Service will be canceled and the 100% cancellation fee specified in Table 3 of Article 10 will be charged. The client acknowledges that this may occur.

 

Article 8 (Completion report)

1. After the Restaurant has completed the Outsourcing Services for this Transaction, the Restaurant shall receive a signature on the completion report from the Client. If the Client has any objections to the completion report, the Client shall lodge an objection with the Restaurant within two days. If the Client does not raise any objections to the Restaurant within two days, the Outsourcing Services will be deemed complete.

2. Any trouble or damage caused to the Client or the Restaurant due to Outsourcing Services by the Restaurant shall be resolved between the Restaurant and the Client, and the Company shall not be responsible for any damage caused to the Client or the Restaurant.

 

Article 9 (Payment of Transaction fee, etc.)

The Client pays the Company Transaction fee for the Outsourcing Services specified by the Company as agreed upon in advance. The Client's obligation to pay to the Restaurant will be extinguished once the Client pays the consideration to the Company.

 

Article 10 (Cancellation Policy)

The Client can cancel or change the Agreement even after the Agreement has been concluded with the Restaurant. However, the Client agrees that the cancellation fee specified below will be incurred. The outsourcer shall refund the amount of the Service fee paid in advance by the Client minus the cancellation fee (including consumption tax).

 

 

 

 

 

 

 

 

2. If you wish to cancel the contract due to your convenience, you must register for cancellation using the "Cancellation Application" provided by this service.    If the requester does not register for cancellation of this service and does not participate in the event on the day of the event, it will be considered "unauthorized cancellation by the requester" and the service fee will not be refunded.

3. The time for cancellation registration will be determined based on the time the cancellation message is received.

 

Article 11 (Privacy, etc.)

1. The Company will use the Client's privacy information and personal information in accordance with the "Handling of Personal Information" below[s2] .

2. The Client shall agree in advance to the Restaurant and the Company that the Restaurant may report to the Company and the hotel where the Client is staying any information regarding the Client that the Restaurant has learned in the course of carrying out Transaction.

 

Article 12 (Prohibited matters)

When using this Service, the Client must not do the following: If the Restaurant determines that any of the following are occurring during the provision of Services, the Restaurant may suspend the provision of Services on the spot or have the Client leave the Restaurant. [槇3] If the Company deems it appropriate in the circumstances, the Client agrees that the Transaction Fee (including consumption tax) paid in advance by the Client will not be refunded.

(1) Acts that violate laws, court judgments, decisions or orders, or legally binding administrative measures.

(2) Acts that may harm public order or good morals.

(3) Theft, wiretapping, or other acts that are subject to criminal punishment.

(4) Taking photographs or videos without a third party's and the Restaurant’s consent, or any other acts that violate the their privacy.

(5) Acts that infringe on the intellectual property rights, honor rights, privacy rights, or other legal or contractual rights of the Company or a third party.

(6) Excessively violent expressions, sexually explicit expressions, expressions that lead to discrimination based on race, nationality, creed, gender, social status, family origin, etc.; induce or encourage suicide, self-harm, or drug abuse; Acts of posting, transmitting, or uttering expressions or other expressions that include anti-social content and cause discomfort to others.

(7) Any sexual behavior or conduct, including indecent exposure of body parts in a manner that arouses feelings of disgust in a visible place at a Restaurant.

(8) Acts of impersonating the Company or a third party, or acts of intentionally disseminating false information.

(9) Acts that damage the reputation and trust of Restaurants, other clients, or Company.

(10) Sales, publicity, advertising, solicitation, and other acts for the purpose of profit (excluding those approved by the Company), acts for the purpose of sexual acts or obscene acts, and encounters and associations with strangers of the opposite sex. Acts for the purpose of harassing or slandering other clients or Restaurants, acts for the purpose of using this Service for purposes other than those planned for this Service.

(11) Benefits to anti-social forces or organizations or individuals that have any kind of interaction or involvement with anti-social forces, such as cooperating with or being involved in the maintenance, operation, or management of anti-social forces through funding or otherwise. Donations and other acts of cooperation.

(12) Recruitment to religious activities or religious groups.

(13) Acts of illegally collecting, disclosing, or providing other people's personal information, registration information, usage history information, etc.

(14) Acts that interfere with the server or network system of this Service, acts that fraudulently operate the service using BOT, cheat tools, or other technical means, acts that intentionally exploit defects in this Service, Acts of making unreasonable inquiries or requests to the Company, such as repeating the same question unnecessarily, or otherwise interfering with the operation of the Service by the Company or the use of the Service by Restaurants and other clients.

(15) Acts that assist or encourage acts that fall under any of (1) to (14) above.

(16)Other acts that the Restaurant or the Company deems inappropriate.

 

Article 13 (Responsibility of client)

1. The Client shall use this service at his or her own risk, and shall be fully responsible for all actions taken in this Service and their results.

2. The Client confirms and acknowledges that the cooked food can be eaten on the spot unless there is a special explanation from the Restaurant.

3. If the Client or his/her companion has a food allergy or disease history that requires dietary restrictions, the Client must accurately communicate the details to the Restaurant in the designated field on the reservation form or before the Service begins. [槇4] 

4. If the Client or his/her companion exhibits symptoms of an infectious disease that may be contagious within 7 days of service provision, the Client must notify the Restaurant at least 24 hours before the service date. Depending on the situation, Restaurant may refuse to provide the Outsourcing Services.

5. If there is no causal relationship that the cause of food poisoning suspected to  occurred to the Client is due to the negligence of the Restaurant, the Restaurant will be exempted from liability.

6. If the Company determines that the Client is using the Service in violation of these Terms, the Company will take measures that the Company deems necessary and appropriate. However, the Company have no obligation to prevent or correct any such violations.

7.The Client must promptly indemnify to the Company against any damages (including attorneys' fees) arising out of use of the Services (including where the Company receive a claim from a third party due to such use) either directly or indirectly..

 

Article 14 (Changes to Terms)

If the Company modifies these Terms, the Company shall clearly indicate the content of the change and its effective date, and will notify the public on the Service's website at least two weeks prior to the effective date. If the Client uses this Service after the effective date of the revised Terms, it will be deemed that the Client has agreed to the revised Terms. The Company will not be able to individually notify Clients of such changes, so please refer to the latest version of these Terms from time to time when using this Service.

 

Article 15 (Provision of services by our company)

1. The Client must , at the Client's expense and responsibility, provide the necessary personal computers, mobile phones, communication equipment, operating systems, means of communication, electricity, etc. in order to use this Service,.

2. The Company may provide all or part of this Service only to those clients who meet the conditions deemed necessary by the Company, including the submission of identity verification materials.

3. The Company may at any time ,if we deem it necessary, change all or part of the content of this Service or discontinue its provision at any time without prior notice to the Client.

 

Article 16 (Interruption and suspension of services by our company)

1. The Company may suspend or suspend any or all of this Service without prior notice to the Client for any of the following reasons:

(1) Maintenance, inspection, and updating of equipment and systems for providing this Service.

(2) In the event it is difficult to provide this Service due to fire, power failure, natural disaster, system failure, etc.

(3) In the even the safe operation of this Service is impossible due to war, civil commotion, riot, disturbance, industrial dispute, public health emergency, etc.

(4)  Failure to provide the Service due to failure of  the system for providing the Service, unauthorized access from a third party, computer virus infection, etc.

(5) Case where necessary Service of Telecommunications Carriers are Not Provided

(6)  Case in which this Service cannot be operated due to measures based on laws and regulations, etc.

(7) In other cases where the Company determines that it is necessary to temporarily suspend or stop this service.

2. The Company shall not be liable for any damage suffered by the Client due to the temporary suspension or suspension of the provision of the Service pursuant to the preceding paragraph, unless there is intentional gross negligence on the part of the Company.

 

Article 17 (Content)

1. The Client acknowledges that all intellectual property rights related to the Company's website and this service belong to the Company or to rights holders to whom the Company has granted permission to use the intellectual property rights.

2. The Client must not use the content related to this Service beyond the intended use of this Service (including acts such as copying, transmitting, reprinting, modifying, etc.).

3. The Client acknowledges in advance that the Company may use and publish the Client's portrait to the extent necessary for website management and public relations activities. If Client refuse to use or post your information, you must raise an objection when the Company or the Restaurant confirms your intentions.

4. The Client is responsible for backing up photos, texts, comments, etc. (hereinafter referred to as "posted content") posted by the Client. The company has no obligation to back up posted content.

5. The Client shall guarantee to the Company that the posted content does not infringe on the rights of any third party. If any dispute arises between the Client and a third party due to the Client's posting, the issue will be resolved at the Client's expense and responsibility, and the Company will not cause any inconvenience or damage. .

6. The Client provides the Company with the right to use posted content for the Company's Services and promotions (including the right to make changes such as omissions to the extent that the Company deems necessary and appropriate). (including the right to sublicense it to a third party) shall be transferred to the Company free of charge at the time of posting or other transmission.

7. The Company grants permission to the requester who posted the content to use his/her own posted content. The client agrees not to assert or exercise moral rights or any other rights against the Company or anyone who has inherited rights from the Company or has been granted permission by the Company.

8. The Company may check the content of posted content if it is necessary to confirm compliance with laws and regulations or these Terms. However, we are not obligated to perform such confirmation.

9. If the Company deems that the Requester violates or is likely to violate laws or regulations or these Terms with respect to the Posted Content, the Company may restrict the use of the Posted Content on the Service. If there is any other business necessity, posted content may be deleted without prior notice to the requester.[槇5] 

 

Article 18 (Disclaimer of our company)

  1. The Company shall not be liable for any factual or legal defects in the Service (defects in safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security, etc., errors, bugs, infringement of rights, etc.). The Company do not guarantee, either expressly or implicitly, that there will be no The Company has no obligation to the Client to remove such defects and provide the Service.

2. The company is not responsible for any damage caused to the Client due to this Service. However, this disclaimer does not apply if the contract between the Company and the client regarding this Service (including these Terms) constitutes a consumer contract as defined in the Consumer Contract Act.

3. Even in the cases stipulated in the proviso to the preceding paragraph, the Company will not cover damages caused by special circumstances (theur company or the Client will not be held responsible for any damage (including cases where the Client foresaw or could have foreseen the occurrence of the damage). In addition, compensation for damages caused to the Client due to default or illegal acts due to the Company's negligence (excluding gross negligence) in which the damage occurred to the client shall be limited to an amount equivalent Transaction fee (in other word the amount that the Company should pay to the Restaurant on behalf of the Client for the transaction ) .

 

Article 19 (Exclusion of anti-social forces)

1. The Client hereby represents and warrants that he or she shall not be a Boryokudan, an organized crime group member, a person who has ceased to be an organized crime group member or an organized crime group member for a period of five years, a quasi-member of an organized crime group, a company affiliated with an organized crime group, a general meeting house, etc., a social movement logo, or a special intelligent organized crime group, etc., or any other person equivalent thereto (hereinafter referred to as an "organized crime group member, etc.") and that he or she shall not fall under any of the following items and shall not fall under any of the following items in the future:

(1) Having a relationship where organized crime group members, etc. are recognized to have control over management.

(2) Having a relationship with a member of an organized crime group, etc. that is deemed to be substantially involved in management.

(3) Having a relationship that is deemed to involve unfair use of organized crime group members, etc., for the purpose of gaining fraudulent profits for oneself, the company, or a third party, or for the purpose of causing damage to a third party.

(4) Having a relationship that is recognized as being involved in providing funds, etc., or providing benefits to organized crime group members, etc.

(5) An officer or person substantially involved in management has a socially reprehensible relationship with an organized crime group member, etc.

2. The Client undertakes not to engage in any of the following acts, either by himself or by using a third party.

(1) Violent demands

(2) Unreasonable demands beyond legal responsibility

(3) Acts of threatening behavior or using violence regarding transactions.

(4) Spreading rumors, using fraudulent means or force to damage the credibility of the other party, or disrupting the other party's business.

(5) Other acts similar to the preceding items.

3. The Company shall not be responsible for the Client being a member of an organized crime group, etc., falling under any of the items of Paragraph 1, or engaging in any of the acts falling under any of the items of the preceding Paragraph, or regarding the representations and warranties based on the provisions of Paragraph 1. If it is determined that a false declaration has been made, this Agreement may be terminated without any notice to the Client, regardless of whether there is any reason attributable to the Client.

4. If the Company cancels this Agreement pursuant to the preceding paragraph, the Company confirms that it will not be responsible for compensating the Client for any damage caused by this, and the Client acknowledges this.

 

Article 20 (Governing law, jurisdiction)

The official text of these Terms and Conditions is Japanese, and the governing law shall be Japanese law. For disputes that arise between the client and the Company arising out of or in connection with this service, the Tokyo District Court or Tokyo Summary Court shall have the exclusive jurisdiction of the first instance, depending on the content.

 

Article 21 (Contact method)

1. Contacts from the Company to Clients regarding this Service will be made by posting in appropriate locations on the website operated by the Company, or by any other method we deem appropriate.

2. The Client may contact the Company regarding this Service by contacting the Company at an appropriate location on the website operated by the company, submitting a form, or using a method specified by the Company.

 

that's all

 

 

  Created May 1, 2024

SHiDAX Corporation

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