Terms of use

1. Terms of Use

(1) The purpose of these Terms of Use is to set forth matters with respect to our service to be complied with by all users (hereinafter “Users”) of the service (hereinafter the “Service”) provided by Frembassy Inc. (hereinafter the “Company”) on the website, Tokyo Dinner Ticket (URL: http//tokyodinner.com; which includes those for PCs, cellphones and smartphones’ apps, and is hereinafter collectively referred to as the “Site”) managed and operated by the Company, and the rights and obligations between the Company and Users, and these Terms of Use will apply to all aspects of the relationship between Users and the Company in connection with the Service.
(2) Users must use the Service after they have confirmed and consented to these Terms of Use. At the time when a User uses the Service, the Company will consider the User to have consented to all of the stipulations hereof.
(3) The Company may revise these Terms of Use without giving Users prior or after-the-fact notice. In addition, if a User uses the Service after a revision of these Terms of Use, the User will be considered to have consented to these Terms of Use revised.
(4) These Terms of Use are prepared in Japanese, English, Korean, and traditional and simplified Chinese, and if there is any inconsistency or difference between the Japanese version and the English, Korean, or traditional or simplified Chinese version, the Japanese version will prevail.
(5) Any rules related to the use of the Service published by the Company on the Site will constitute part of these Terms of Use regardless of the name of the rules.
(6) If the contents between these Terms of Use and the rules of the preceding item or explanation for the Service made outside these Terms of Use are inconsistent or conflicted with each other, the provisions hereof will prevail unless otherwise provided for to the effect that the provisions of such other explanation must prevail.

2. Membership Registration

(1) A User can apply for registration for membership of the Service in accordance with the procedures prescribed by the Company.
(2) When making a membership registration, a User must provide true and accurate information about himself/herself.
(3) The Company will decide in accordance with our criteria whether to allow a User who has made an application (hereinafter “Applicants”) to be registered, and if the Company allows an Applicant to be registered, we will notify the Applicant of the acceptance. When the Company gives notice under this item, it constitutes the completion of membership registration for an Applicant. (Users whose membership registration is completed are hereinafter referred to as “Members.”)
(4) When a User is registered as a Member, the Company will issue a Member ID and password.
(5) Regarding the Member ID and password issued at the time of membership registration, only one ID and password will be issued to a Member. If the Company determines that a Member has submitted more than one registration in violation of the above, the Company may, without prior notice or demand, temporarily suspend the use of the Service, revoke the membership registration, or take other measures considered necessary by us.
(6) Members cannot lend or transfer to a third party or pledge the Member ID or password issued by the Company.
(7) A Member must use and manage the Member ID and password at his/her own responsibility.
(8) When the Company confirms, using the method prescribed by us, that a Member ID and password entered by a User when using a service correspond to the one registered by such User, the Company will deem that the Member has used the service, and even if they are used illegally by a person other than the Member due to theft or under any other circumstances, the Company will not assume any responsibility whatsoever for damage arising out of it.
(9) If a User uses a third party’s password and ID illegally and causes damage to the third party or Company, the Member will be liable to compensate for any damage arising out of it.

3. Service

(1) Members can book a table at a restaurant listed on the Service (hereinafter “Affiliated Restaurants”) with the use of the reservation function of the Service (hereinafter “Booking”).
(2) When making a Booking, the Member will select the number of people to come to the restaurant, desired date and time, and desired dishes to be provided. All dates and times used on the Site are, in principle, based on Japan time.
(3) The Company will notify the Affiliated Restaurant of the information about the Booking made by the Member. The Affiliated Restaurant will decide whether to accept the Booking based on the information about the Booking.
(4) If the Affiliated Restaurant decides to accept the Booking, the Company will deliver an e-mail to notify the Member of the fact that the Booking is accepted (hereinafter a “Confirmation Ticket”). The Member must agree that a Confirmation Ticket is accompanied by advertisements from third-party businesses.
(5) The Booking at the restaurant will be established at the time when the Company delivers the Confirmation Ticket to the Member.
(6) If the Affiliated Restaurant decides not to accept the Booking, the Company will deliver an e-mail to notify such fact to the Member who has made the Booking.
(7) The Affiliated Restaurant will not provide its services unless a Member presents the Confirmation Ticket.
(8) The Member must arrange at his/her own responsibility a communications environment to receive a Confirmation Ticket.
(9) At the time when a Booking at the restaurant is established, the Member’s obligation to pay the Affiliated Restaurant the full price for the dishes selected when the Booking has been made will be generated.
(10) After a Booking at the restaurant is established, the Member is no longer able to change the content of or withdraw the Booking.

4. Governing Law and Competent Court

(1) These Terms of Use and the Subscription to the Service are governed by the laws of Japan.
(2) Any and all disputes arising out of or in connection with these Terms of Use and the Subscription to Service will be brought in the Tokyo District Court as the agreed exclusive jurisdiction of the first instance.

5. Disclaimer

(1) The Company does not give any warranty on the map information about the locations of Affiliated Restaurants. The map information is provided by Google Inc. and governed by the Terms of Use and Privacy Policy provided by Google Inc.
(2) The Company does not give any warranty on the content of posted reviews. Users and Members must use it according to their own judgment. Furthermore, the Company will not make any compensation or involvement whatsoever for any damage incurred by Users and Members arising from posted reviews.
(3) The Company does not bear any communication expense incurred or investment in equipment required when Users or Members use the Service.
(4) Even if the Service does not support devices, equipment, or software used by a User or Member, the Company will not be liable to change or modify its service.
(5) If a User or Member incurs any damage due to an act of a subcontractor (including but not limited to Affiliated Restaurants) despite the fact that the Company has selected it with reasonable care, the Company will not undertake any responsibility whatsoever.
(6) Users must agree in advance that the use of the Service may be temporarily suspended for a certain period on the following grounds, and the Company will not undertake any responsibility whatsoever for any damage incurred by a User or Member due to unavailability of the Service:
  suspension due to inspection, repair or mending of servers or software of the Service,
  suspension due to a hitch to computers or communication lines, or
  if suspension is made as the Company considers it necessary under compelling circumstances other than the above.
(7) The Company will not give any warranty whatsoever on a reservation at an Affiliated Restaurant made by a Member through the Service if the restaurant is unable to provide the services desired by the Member. However, this does not apply if it occurs because of the Company’s intentional act or gross negligence.
(8) The Company does not make any warranty whatsoever regarding the completeness, accuracy, reliability, effectiveness, safety, or fitness for a particular purpose of any information provided by Members or information provided, transmitted or published by Affiliated Restaurants, and will not undertake any responsibility whatsoever for any issue arising out of content thereof.
(9) In addition to matters set forth in the preceding items, the Company in principle will not assume responsibility for any damage incurred by a Member when using the Service. However, if the Company causes damage to a Member due to its nonfulfillment of obligation or illegal act, the Company will compensate for damages up to the amount of such price of the dishes as written on the Confirmation Ticket only with respect to direct and usual damage incurred by the Member (except lost profits).
(10) The Company does not give any warranty on information about the dishes posted on the Service.
(11) Any issue arising between Users, or a User and an Affiliated Restaurant must be settled between such parties through negotiation, and the Company will not be liable to be involved in the issue as intermediator regarding any communication, negotiation, or provision of information between the parties.
(12) The Company does not give any warranty regarding sites operated by third parties linked from the Service. In addition, the Company will not make any compensation for or involvement with damage caused at a linked site.
(13) All of the times based on which the Service is provided are the times managed on the Company’s servers, and the Company does not give any warranty on the accuracy or usability of any time information indicated on the Service.

6. Allergy for Food Ingredients

While the Service posts typical methods of food preparation and main ingredients used for each dish, it gives no guarantee that all ingredients used for each dish are disclosed. The Company will not assume any responsibility whatsoever for damage related to food allergies caused due to a User or Member’s use of the Service.

7. Trademark Rights and Copyrights

Copyrights, trademark rights, and other intellectual property rights, including all property rights pertaining to the content of the Site, as well as each information, trademark, image, advertisements, and design contained therein, belong to the Company or respective persons. A User or Member is not entitled to, regardless of its method or form, duplicate, copy, reproduce, reprint, transmit, store, sell, publish, or otherwise use it beyond the scope of private use of the User or Member without the Company’s permission.

8. Withdrawal

(1) Members can withdraw from the Service in accordance with procedures specified by the Company.
(2) Members must agree in advance that their posted reviews will not be deleted if the withdrawal procedures are taken.
(3) When having completed the withdrawal procedures, Members will lose all rights and privileges related to the Member’s account used with the Company.

9. Review Posting Rules

(1) At the same time as a Member posts his/her review on the Site, the Member will be considered to have given the license to the Company to use free of charge the rights under the Copyright Law, such as the right to duplicate, publicly transmit, distribute, translate, and adapt the review (including sublicenses given by the Company to a third party), both at home and abroad, effective until the expiration date of the duration of such copyright.
(2) The Company may refuse to publish a review or delete it at its discretion if the review is as follows:
 ­ offensive to public order and morals
 ­ non-related to the Affiliated Restaurant used by a Member
 ­ for commercial purposes or advertisements
 ­ considered inappropriate by the Company

10. Prohibited Matters

Members must not commit any of the acts set forth below:
(1) an act in violation of these Terms of Use
(2) an act contrary to public order and morals
(3) an act of violating intellectual property rights of the Company, another User or Member, or third party
(4) lending or transfer of a Member ID and password
(5) resale of a Confirmation Ticket
(6) illicit use of a Member ID and password
(7) other acts that the Company deems inappropriate