利用規約Terms of Service

Omochi Service User Terms of Service

Omochi Platform Terms of Service (hereinafter referred to as "these Terms") apply to the use of the reservation service application (Omochi, hereinafter referred to as "this Application") provided by Serendipity Co., Ltd. (hereinafter referred to as "the Company").

Article 1 (Use of Omochi Platform)

1. Users may make reservation applications for services of dining facilities (hereinafter referred to as "Partner Stores") designated by the Company through this Application based on these Terms.
2. Users may not allow third parties to use or transfer their usage qualifications, contractual status based on these Terms, and rights and obligations under such contracts.

Article 2 (Account Registration)

1. To use this service, users must register for an Omochi account by the method separately designated by the Company. Users may use this service when they apply for use of this service by the method designated by the Company with approval of these Terms, and the Company approves such application.
2. Users must provide accurate, current, and complete information when registering for an Omochi account, and maintain information registered in the Omochi account in the latest state at all times.
3. Users may not transfer their Omochi account to third parties by other methods. Also, the Company may not approve or reserve registration at the Company's discretion when users have previously deleted their Omochi account themselves, when false declarations were made at registration, etc.
4. Users are responsible for keeping their Omochi account login information confidential and protected, and must not disclose their login information to any third party. If users discover that their login information has been lost, stolen, misused, or leaked for any reason, or suspect this, or discover unauthorized access to their Omochi account or suspect this, they must immediately notify the Company. Users are responsible for all activities conducted through their Omochi account. However, this does not apply when users have not approved such activities and when users have no negligence (such as not reporting unauthorized use or loss of login information).

Article 3 (Receipt of E-mails, etc.)

1. Users agree to receive reservation-related E-mails and SMS (short messages to mobile phone numbers, hereinafter collectively referred to as "E-mails, etc.") notifications (including confirmation notifications for applications, reconfirmation notifications, change notifications, confirmation notifications after use, etc., hereinafter referred to as "Reservation Notification E-mails, etc.") that the Company distributes when users use this service.
2. Members agree to receive information and questionnaires regarding maintenance, changes, suspension, or additions to this service or Partner Stores from the Company via E-mails, etc.
3. When users wish to receive information E-mails, etc. directly distributed by Partner Stores, they may apply for receipt at the time of reservation application or on the page of the relevant Partner Store.
4. The Company bears no responsibility whatsoever for the content, distribution methods, etc. of information E-mails, etc. specified in the preceding paragraph.
5. When users wish to stop receiving information distribution specified in paragraphs 2 and 3, they shall apply for stopping receipt through this Application or in the format designated by the Company.
6. Users are responsible for promptly updating change content or notifying the Company when changes occur to users' email addresses, etc. registered in this service, through this Application or in the format designated by the Company. Even if situations occur where users cannot receive or confirm Reservation Notification E-mails, etc. due to such changes not being updated, the Company bears no responsibility whatsoever.

Article 4 (Changes to Reported Matters, etc.)

1. When changes occur to matters reported to the Company, users shall report them without delay through this Application or in the format designated by the Company at their own responsibility. The Company bears no responsibility whatsoever for damages incurred by users due to such changes not being made.
2. Notifications from the Company to users shall be deemed to have reached users when they should normally reach them by being sent to contact information reported by users to the Company.

Article 5 (Establishment of Usage Reservations)

1. Users may make reservation applications for Partner Stores through this service (limited to dine-in services and takeout services on the reservation application date), and when Partner Stores accept users' reservation applications on this service, usage reservations between users and Partner Stores shall be deemed to have been established. Users shall be deemed to have agreed to all Partner Store cancellation policies and other usage conditions when they exist, after confirming them in advance.
2. Users guarantee that names, phone numbers, E-mail addresses, credit card numbers, and other necessary information reported to the Company or Partner Stores when using this service are their own accurate information.
3. Notwithstanding the provisions of the preceding paragraph, when users notify false, illegal, or third-party information without consent due to intentional or negligent acts, they shall bear responsibility for all debts arising therefrom, and the Company bears no compensation responsibility whatsoever.

Article 6 (Cancellation of Reservation Applications)

1. Users may cancel usage reservations with Partner Stores applied for through this service (hereinafter referred to as "this Cancellation") by the method designated by the Company or Partner Stores.
2. When the content of this Cancellation conflicts with cancellation policies established by Partner Stores, and when users abandon applied usage reservations without performing this Cancellation, without prior contact through functions on this service designated by the Company or directly with Partner Stores (hereinafter referred to as "Unauthorized Cancellation"), and when this conflicts with cancellation policies established by Partner Stores, users may be obligated to pay cancellation fees, etc. to Partner Stores according to such cancellation policies.
3. When users perform this Cancellation multiple times, perform Unauthorized Cancellation once or multiple times, conflict with cancellation policies established by Partner Stores, or when scheduled visits to Partner Stores for which reservations were made are not performed (limited to cases where visits are not made within the time slot specified at reservation and prior contact coordination with stores is not performed), the Company may suspend Omochi accounts at the Company's discretion.
4. Users guarantee that names, phone numbers, E-mail addresses, credit card numbers, and other necessary information reported to the Company or Partner Stores when using this service are their own accurate information.
5. All problems, disputes, etc. related to establishment, changes, cancellation of reservations, cancellation policies, or service content, collection of cancellation fees, etc. shall be resolved between Partner Stores and users, and the Company bears no responsibility whatsoever, except for problems related to reservation fees.

Article 7 (Payment of Reservation Fees, etc.)

1. When usage reservations are established between users and Partner Stores, users shall pay the following reservation fees to the Company by the method designated by the Company. Reservation fees shall be incurred at the time usage reservations are established, and refunds shall not be made even for cancellations of reservations, etc.
   • Takeout reservations: 120 yen (excluding tax) per reservation
2. The Company may entrust collection of fees for takeout reservations paid by users to payment processing companies designated by the Company, and in such cases, the Company may disclose information registered by users in this service to such payment processing companies.
3. Users agree to payment of fees described in this service and E-mails, etc. distributed from this service. Also, users agree that cancellation fees according to cancellation policies of Partner Stores shown at the time of reservation application may be charged.

Article 8 (Business Information of Partner Stores)

The Company does not guarantee the accuracy of business information (including Partner Store business hours, regular holidays, locations, contact information, cancellation policies, availability of time slots desired by users, approval or rejection of users' usage applications, menus, images, distribution information that members wish to receive, etc.) provided by Partner Stores to the Company for users. The Company bears no responsibility whatsoever for any damages to users arising from errors in Partner Store business information. However, this does not apply when the Company has intentional or gross negligence.

Article 9 (Links to Third-Party Sites)

1. This site may display hypertext links to sites operated by third parties other than the Company. These hypertext link destination sites are not managed or operated by the Company, and the Company bears no responsibility whatsoever for their content, etc. However, this does not apply when the Company has intentional or gross negligence.
2. The Company bears no responsibility whatsoever for content, etc. of sites or E-mails, etc. operated and managed by third parties who guide users to this service by reference, links, or other methods.

Article 10 (Handling of User Information)

The Company shall handle user information in accordance with the Privacy Policy.

Article 11 (Deletion of User Information)

1. Users may withdraw by the procedures designated by the Company.
2. When users die or other reasons make it impossible to use their membership qualifications, the Company shall deem such members to have withdrawn at that time and make users' passwords, etc. unusable.

Article 12 (Suspension and Expulsion of Usage Qualifications)

The Company may temporarily suspend or expel usage qualifications and Omochi accounts without any prior notice or demand to users when the following reasons exist.

1. When passwords, etc. or this service are used illegally or allowed to be used
2. When users fail to fulfill obligations accompanying this service
3. When users become payment suspended or payment unable
4. When seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, corporate reorganization, special liquidation applications are made against users, or when users themselves apply for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation
5. When there are password input errors exceeding the number determined by the Company
6. When this service has not been used within the period determined by the Company
7. When the Company judges that users are anti-social forces, etc. (including yakuza, yakuza members, quasi-yakuza members, sokaiya, social movement advocates, special intelligence violent groups, anti-social forces, and others equivalent to these), or when the Company judges that users cooperate or are involved in maintaining, operating, or managing anti-social forces, etc. through funding, etc., or have any exchange or involvement with anti-social forces, etc.
8. When users violate provisions of these Terms
9. When the Company judges that users are unsuitable as users

Article 13 (Changes and Abolition of This Service)

The Company may change or abolish the content of this service (including this Application and all related services) at any time without prior notice. The Company bears no responsibility for damages incurred by users due to changes or abolition.

Article 14 (Suspension of This Service)

The Company may suspend part or all of this service (including this Application and all related services) without prior notice due to the following reasons, and bears no responsibility for damages incurred by users due to such suspension.

1. When performing maintenance or inspection of equipment and systems for providing this service
2. When operation of this service becomes difficult due to fire, power outages, natural disasters, system failures, etc.
3. When the Company judges it unavoidable for other reasons

Article 15 (Prohibited Acts)

1. Users shall not perform acts that correspond to one or more of the following items or acts that may correspond to them when using this service.
   1. Acts of using this service for illegal purposes
   2. Acts of infringing intellectual property rights, portrait rights, publicity rights, and other rights of the Company, Partner Stores, and other third parties
   3. Acts of defaming reputation or credit of the Company, Partner Stores, and other third parties, or infringing privacy
   4. Acts connected to crimes such as fraud
   5. Acts of sending or providing harmful programs such as computer viruses, or recommending such acts
   6. Acts of altering or deleting information of the Company, Partner Stores, and other third parties
   7. Acts of illegally using equipment of the Company, Partner Stores, and other third parties, or interfering with their operation
   8. Acts of using software, devices, methods, or means for automatically accessing for monitoring, information acquisition, or other purposes of this service without written permission from the Company
   9. Acts violating laws, these Terms, or public order and morals
   10. Acts interfering with operation of this service
   11. Other acts that the Company judges inappropriate
2. When the Company suffers any damages due to users violating these Terms, the Company may claim compensation for damages from users.

Article 16 (Scope of Company Responsibility and User Responsibility)

1. The Company does not guarantee that users will not suffer damages from harmful programs such as computer viruses when using this service.
2. The Company does not guarantee operation of any equipment, software, communication lines, or other communication environments used by users when using this service, and users shall prepare and maintain equipment, software, communication lines, or other communication environments necessary for using this site at their own expense and responsibility.
3. The Company bears no responsibility whatsoever for communication costs incurred when users use this service.
4. Users shall use this service at their own responsibility and bear all responsibility for all acts performed in this service and their results. Disputes, etc. arising between users and third parties related to this service shall be resolved by users at their own responsibility, and the Company bears no responsibility whatsoever for such matters.
5. The Company bears no responsibility whatsoever for losses and damages due to performance or non-performance by Partner Stores.
6. The Company bears no responsibility whatsoever for compensating damages incurred by users related to changes, abolition, or suspension of this service by the Company, suspension of membership qualifications, data loss or equipment failure due to use of this service, or other damages related to this site. Even when the Company bears compensation responsibility to users due to application of the Consumer Contract Act or other reasons, regardless of provisions exempting the Company's damage compensation responsibility, the Company's responsibility shall be limited to direct and ordinary damages that actually occur among damages incurred by users due to the Company's negligence (excluding gross negligence) causing breach of contract or tort, and shall be limited to 500 yen as the upper limit.

Article 17 (Severability)

Even when any provision or part of these Terms is judged invalid by the Consumer Contract Act or other laws, the remaining provisions of these Terms and the remaining parts of provisions judged partially invalid shall continue to exist validly, and such invalid provisions or parts shall be interpreted to the extent necessary to make them valid, to the maximum extent, ensuring that the purpose and legally and economically equivalent effects of such invalid provisions or parts are maintained.

Article 18 (Changes to Terms)

The Company may change these Terms without prior consent or notice. After such changes, users who use this site shall be deemed to have agreed to such changes.

Article 19 (Governing Law and Agreed Jurisdiction)

The governing law of these Terms shall be Japanese law, and all disputes related to these Terms shall be subject to the exclusive agreed jurisdiction of the Tokyo District Court as the court of first instance.