OMAKASE byGMO Terms of Use (hereinafter referred to as the "This Agreement") stipulates the terms and conditions for providing services (hereinafter referred to as the "Services") to be provided on the website "OMAKASE byGMO" (hereinafter referred to as the "This site") operated by GMO OMAKASE, Inc. (hereinafter referred to as the "We") and the rights and obligations between We and the users of Services.
When using Services, you must read the full text of This Agreement before agreeing with This Agreement. If you do not agree to This Agreement, you may not use Services.
Terms used in This Agreement shall be defined as follows unless otherwise specified.
- (1) Restaurants, etc.: Any person who, with the prior written consent of We (including electromagnetic means), offers his/her own services to registered persons or persons who browse Services, or intends to sell goods that he/she provides, such as restaurants, hotels, etc.
- (2) Listed stores: Restaurants registered in the manner stipulated in Article 4
- (3) Registrant: A person who has registered in the manner prescribed in Article 5
- (4) User: Listed stores and registrants
- (5) Stores wishing to be listed: Restaurants wishing to be listed, etc.
- (6) Those who wish to be registered: Those who wish to be registered
- (7) Reservations, etc.: Reservations for services provided by listing stores or purchase of goods provided by listed stores
- (8) Registered information: Information provided by the user to We regarding the use of Services
- (9) User information: Information on individuals among registered information (including, but not limited to, "Personal Information" set forth in Article 2, Paragraph 1 of Personal Information Protection Law)
- (10) Reservation agreement: a contract in which the registration shop promises to provide its own services to the registrant in the future and the registrant promises to pay for it.
- (11) Reservation Agreement, etc.: Reservation Contract and sales contract for the goods provided by the Listed stores
- (12) Anti-social forces, etc.: Boryokudans, Boryokudan members, right-wing groups, persons related to Boryokudan, general meeting houses, and other persons equivalent thereto
- (13) Intellectual Property Rights, etc.: Industrial Property Rights such as Patent Rights and Trademark Rights, Intellectual Property Rights such as Copyright (including the rights stipulated in Articles 27 and 28 of the Copyright Law), and other rights
- (14) Confidential information: Personal information, client information, corporate information, and all other information
- (15) Coupons: vouchers or electromagnetic records issued by We to the registrant that can be used for discounts such as the purchase price of goods offered by the listed stores.
- １ This Agreement is intended to establish the terms of provision of Services and the rights and responsibilities relationship between We and the user regarding the use of Services, and is applied to all users in relation to the use of Services between We and the user.
- ２ In addition to Services's This Agreement, the cancellation rules and This site show how to use Services and what to note about it. There are also provisions separately agreed between We and the user, as well as provisions distributed by We. These shall also be essentially part of This Agreement.
- ３ When a person who wishes to use Services registers as a member in accordance with Article 4 or Article 5 within This site, such person shall become a user as if he/she had agreed to This Agreement, and a contract for the use of Services shall be concluded between the user and We in accordance with This Agreement.
- ４ The user shall use This Agreement and shall not use Services unless he or she agrees to This Agreement.
-
１ Services provides the following services to the listed stores.
- (1) You can manage reservations on the reservation management calendar, send vacant information automatically when an attendance is attended, and have a variety of reservation management functions, such as pre-notification by a registrant who has an alert or special request.
- (2) When accepting a reservation for cancellation fees, the listed stores sets a cancellation fee, and in the event of a cancellation, We collects the cancellation fee from the registrant on behalf of the listed stores in accordance with the cancellation regulations and delivers it to the listed stores.
- (3) Customer information management reservation acceptance method, vacancy information can be sent, and prepayment can be performed.
- (4) Products offered by merchandise listers can be sold in This site.
- (5) Other services incidental or related to any of the preceding items.
-
２ Services provides the following services to the registrant.
- (1) Reservations shall be made for the services provided by the listed stores the reservation.
- (2) To purchase the products offered by the shop listing the purchased products.
- (3) Other services incidental or related to any of the preceding items.
- ３ The content of Services at the listed stores shall be determined through consultation between We and the listed stores.
- ４ Specific details of Services shall be set forth in This site.
- ５ The listed stores shall grant We the rights required for We to provide Services at the time of the conclusion of Services usage contract (including, without limitation, the right to collect the cancellation fee from the registrant on behalf of the listed stores).
- １ Stores wishing to be listed must register the data specified by We before using Services.
- ２ The application for registration as set forth in the preceding paragraph shall be made by notifying the e-mail address, password, name, etc. according to the methods specified by We. False applications are not allowed.
- ３ Whether or not a store wishing to be listed can be registered shall be determined by the registration examination conducted by We, and when We sends a notification of completion of registration, the registration will be completed, and the store wishing to be listed shall be the shop.
- ４ In the event of any change in the registered content, the listed stores must change the information of the listed stores in the manner prescribed by We. We shall not be liable for any disadvantage to the Distributor due to non-change.
- ５ We may not approve the registration of a shop that wishes to be listed due to the registration examination. In addition, the registration may be canceled if it is found that the registration is inappropriate ex post facto.
- ６ In the event of the preceding paragraph, We shall not be obliged to disclose the reason thereof to the store wishing to be listed or the listed stores.
- ７ In the event there are provisions that differ from the provisions of This Agreement with respect to matters separately agreed upon between We and the listed stores, such Individual Contract shall prevail.
- １ Those who wish to be registered are required to register the data specified by the company on this site when starting use of the Services.
- ２ The application for registration set forth in the preceding paragraph shall be made by We by notifying those who wish to be registered of the name, telephone number, e-mail address, password, credit card data, etc., according to the methods specified within This site. False applications are not allowed.
- ３ Registration of those who wish to be registered shall be determined based on the examination of registration at the discretion of We, and upon sending a notification of completion of registration from We, registration shall be completed, and the applicant for registration shall be the registrant.
- ４ In the event of any change in the registration information, the registrant shall change the registered information in the manner prescribed by We. We shall not be liable for any disadvantage to the registrant arising out of the change.
-
５ We may not approve the registration of those who wish to be registered if the results of the registration examination or the following items are applicable. In addition, the Company may cancel the registration and cancel the membership in the event that the following items are found to be inappropriate for registration ex post facto or the following items apply.
- (1) Cases where all or part of the registered matters provided to We are false, mistaken, or omitted to be entered
- (2) In cases where those who wish to be registered or the registrant is a juridical person
- (3) In cases where those who wish to be registered or the registrant is a minor
- (4) Those who wish to be registered or the registrant is either an adult ward, a person under curatorship, or a person under assistance, and the consent, etc. of the guardian, curator, or assistant has not been obtained.
- (5) When the same person has registered more than one account, or intends to do so
- (6) We determines that the anti-social forces interact or engage in any kind of interaction with them, for example, by cooperating with or engaging in the maintenance, operation, and management of anti-social forces, etc., through anti-social forces, etc., or by providing funds or otherwise.
- (7) Cases in which Services has or is currently being subjected to a measure such as disapproval of membership registration, deletion of accounts, or withdrawal, or in which This Agreement and We methods of use are not complied with, or in which the possibility of such failure is recognized;
- (8) In the event We determines that it is inappropriate to register
- ６ In the event of the preceding paragraph, We shall not be obliged to disclose the reason thereof to those who wish to be registered or the registrant.
- Any registrant who wishes to be registered as a fee-charging member shall apply for registration as a fee-charging member in accordance with the manner prescribed by We in accordance with This site, and in the event the Applicant determines, in We, that such Applicant satisfies the standards separately set forth in We and approves the registration as a fee-charging member, such Applicant may become a fee-charging member. The terms and conditions of the usage fee and the details of the services for the paying member shall be as set forth in This site or as separately set forth.
- Registration of a paid member does not constitute a commitment to booking for a particular listed stores.
- １ We shall be entitled to cancel the registration of a fee-charging member in the event that a report to the effect that the fee-charging member is in breach of the prohibited matters stipulated in Article 13 is submitted by any of the listed stores or third parties, or We determines that the fee-charging member is in breach of such prohibited matters.
- ２ We may, at its We's discretion, terminate the membership in question when there is a no-show or when there is a repeat cancellation of a booking, depending on the content, frequency, degree, etc. of a booking that a paying member has obtained based on the qualification as a paying member.
- ３ In the event of the preceding two paragraphs, We shall not be obliged to disclose the reason thereof to the paying member or any other user.
- The method of payment of membership fees for paid members shall be as described in This site or otherwise stipulated, and such membership fees shall accrue on a monthly or annual basis from the application date. In addition, even in the event of cancellation before expiration of the effective period of the Charged Member, the membership fee for the remaining period shall not be refunded (no refund shall be made on a monthly basis or on a prorated daily basis).
- Some paying members may be admitted upon review and invitation, and We is not obliged to disclose any matters related to the review. We are unable to respond to your recommendations or requests.
- １ We may issue and grant coupons to registrants.
- ２ The registrant may not use one coupon more than once (including re-use after cancellation) unless otherwise stated in the coupon.
- ３ Any coupon that has been used after the expiration date shall expire in any case and shall not be reusable in any case.
- ４ In the event the amount payable by the Registrant to We or the listed stores based on the reservation agreement prior to the use of the coupon is less than the amount available for the coupon, the difference may not be refunded, carried forward, or appropriated to other payments.
- ５ We shall not be obligated to notify the registrant of the status of use of coupons individually.
- ６ The conditions for the grant of the coupon, the contents of the service that the registrant can receive by the coupon, the period of validity of the coupon, the conditions of use, and other conditions shall be separately set forth by We for each coupon, and the registrant shall use the coupon after confirming the coupon each time it receives the coupon.
- ７ We shall issue a coupon to the registrant only if the conditions are met.
- ８ The registrant shall be entitled to use the coupons in the manner prescribed by We only if the terms of use as set forth by We are met.
- ９ The Terms of Use set forth by We with respect to coupons available for This Agreement in Services other than This Agreement shall expire as of the effective date of this article, and This Agreement provisions shall apply to coupons issued by We pursuant to such Terms of Use.
- １ Rights and duties established between We and the listed stores based on This Agreement and Services shall arise only between We and the listed stores, unless otherwise provided by We.
- ２ Rights and duties established between We and the registrant under This Agreement and Services shall arise only between We and the registrant, unless otherwise provided for by We.
- ３ Rights and duties established between the registrant and the listed stores shall arise only between the registrant and the listed stores and not between We, unless otherwise provided for by We.
- １ The user shall ensure that the registered information provided to We is true. In the event of an error or change in the registered information, the user shall promptly modify or change the registered information at his/her own responsibility.
- ２ We shall not be liable for any failure by the user to modify or change the registered information, even if the user or other user interferes with the use of Services.
- ３ If the user fails to communicate the information from We due to the failure of the user to amend or change the registered information, such communication shall be deemed to have arrived at the time when the information should normally arrive.
- ４ Users must respond promptly when requested by We to provide materials that certify their registered information.
- １ Users are responsible for strictly managing their registered ID and passwords so that they do not leak them to third parties. In addition, if We confirms that ID entered by the user matches the password, the user shall be deemed to have used Services as the account holder.
- ２ We shall not be liable for any damages caused by inadequate control of the user's ID, password, or other account. The responsibility for any acts performed using ID and password shall be deemed to be the responsibility of the registrant who holds such ID.
- ３ In the event that the user's ID or password is used due to a third party's conduct such as hacking, the user shall be responsible for handling such use, and We shall not be liable at all.
- ４ Should your ID be used or your ID leaked to a third party without permission, please contact We immediately and follow the instructions from We.
- １ Unless otherwise provided in This site by We, the registrant shall apply for the reservation, etc. in accordance with the methods set forth in This site, and in response to this, when an e-mail is sent from We stating that the reservation, etc. has been finalized to the listed stores, the listed stores shall be deemed to have accepted the reservation, etc., and a reservation agreement, etc. shall be concluded between the registrant and the listed stores.
- ２ In the event procedures such as cancellation or modification are required after the conclusion of the reservation agreement between the registrant and the listed stores with regard to Services, both parties shall conduct such procedures through Services.
- ３ The registrant may cancel the reservation agreement only within the time specified by the listed stores and displayed on This site. Cancellation fees and other matters relating to cancellation shall be subject to the cancellation provisions set forth in This site by the listed stores, and these cancellation provisions shall be effective only between the Registrant and the listed stores.
- ４ In the event the registrant cancels the reservation agreement, the registrant may be required to collect the cancellation fee via Services from the listed stores according to the procedures stipulated within Services.
-
５ With regard to the cancellation fee set forth in the preceding paragraph, We may, at the discretion of We, at the time of the conclusion of the reservation agreement, process the credit card registered by the registrant under Article 5, Paragraph 2, which falls under any of the following items:
- (1) Credit referrals. (1) The term "cancellation fee" means securing an amount equivalent to the cancellation fee out of the maximum amount of the use fee prescribed by a credit card until We confirms that no cancellation fee has been incurred or (2) the cancellation fee has been paid by the registrant to We. This reduces the credit card limit. The maximum amount that can be assumed to be paid in accordance with the cancellation provisions shall be deemed to be the amount equivalent to the said cancellation fee. (For example, if the cancellation provisions stipulate that the cancellation shall be 50% on the previous day or 100% on the current or unauthorized day, 100% shall be deemed to be the amount equivalent to the cancellation fee.)
- (2) Request for payment of the deposit set forth in This site. Provided, however, that the cancellation fee has been determined not to be incurred, We shall refund the full amount of the deposit to the Registrant to the Credit Card.
- ６ The Registrant and the listed stores shall resolve any issues related to the reservation agreement, etc. directly between the Parties, and We shall not be liable for any issues other than the provision of Services (such as the details of cancellation fees, amount, defects, in-store troubles, compensation for damages, etc.).
- ７ Reservations by lottery or reservation shall also be made in accordance with this and other provisions. In addition, We is not obliged to disclose the details and methods of the lottery to the users because the lottery booking will be randomly selected by computer.
- １ Upon Services use, the listed stores shall pay the fee separately agreed upon with We.
- ２ When using Services, the registrant shall pay to We the reservation fee stipulated in This site and the usage fee separately stipulated for other services (including the membership fee in the case of a paid member).
- ３ The payment deadline and payment methods for the fees set forth in the preceding paragraph shall be in accordance with the provisions set forth in This site or separately set forth.
- ４ In the event the User delays in the payment of the Usage Fee as set forth in Paragraphs 1 and 2, such User shall be obliged to immediately pay such Usage Fee to We, and in addition, such User shall pay a late payment charge at the rate of 14.6% per annum from the day following the due date until the completion of payment.
- １ We will appropriately handle user information in accordance with the privacy policy stipulated separately by We.
-
２ The listed stores shall be able to use the User Information provided by We only for the following purposes.
- (1) Considering the acceptance or rejection of an application for a reservation, etc. from the registrant, and refusing or accepting such application
- (2) Providing information on reservation agreements, etc. through This site to registrants who wish to apply for reservations, etc.
- (3) Provide its services to the registrant based on the reservation agreement, etc.
- (4) To carry out procedures for cancellation and other changes on This site and to collect cancellation charges in accordance with Article 10(2)
- (5) To advertise or promote its own or third party services
- (6) In addition, the listed stores shall perform the posting in accordance with This Agreement or This site.
- ３ We shall be entitled to obtain the notice of the Purpose of Utilization set forth in Article 21 of Personal Information Protection Act and the consent to the provision of services to a third party set forth in Article 27 of the same Act on behalf of the listed stores.
- ４ The listed stores shall be entitled to provide user information to the parent company, subsidiaries, and affiliated companies of the Poster (which shall have the meanings set forth in paragraphs 3 and 5 of Article 8 of the Regulations Concerning Terminology, Forms, and Preparation Methods of Financial Statements, etc.) or to third parties (hereinafter collectively referred to as the "Group companies, etc.") selected by the listed stores, including restaurants and hotels, within the scope of the purposes set forth in each item of paragraph 2. Provided, however, that this provision shall be limited to the cases where We obtains the consent stipulated in Article 27 of Personal Information Conservation Law for the provision to Group companies, etc. on behalf of the listed stores pursuant to the preceding paragraph.
- ５ In addition to the provisions set forth in the preceding clause, the listed stores shall be entitled to provide the User Information to a third party (including, but not limited to, Group companies, etc.) only in the event of the performance of its duties under Personal Information Protection Act and other relevant laws and regulations.
- ６ The listed stores shall not use the User Information by itself or by Group companies, etc. for any purpose other than the Purpose of Use set forth in the preceding three paragraphs. The listed stores shall implement safety control measures and supervise employees to ensure compliance. The listed stores shall comply with the Personal Information Protection Act and all applicable laws and regulations. In the event of any dispute, including but not limited to lawsuits, objections, or claims (hereinafter collectively referred to as "Dispute") filed by the Registrant or any third party, the listed stores shall notify us without delay, resolve the Dispute with such third party at their own responsibility and expense, and shall indemnify and hold us harmless from any and all Dispute.
- １ Users shall use Services (including coupons; the same shall apply hereinafter) in compliance with the Civil Code, Commercial Code, Personal Information Protection Law, Copyright Law, and other laws and regulations in accordance with This Agreement.
-
２ Users shall not engage in any act that falls under any of the following items when using Services, and shall not be permitted to do so by any third party.
- (1) Behavior in breach of the provisions of This Agreement and This site
- (2) Acts of using Services through a third party, such as agency of booking, a contractor or a person other than a We (excluding cases where We has permitted in advance);
- (3) Acts that violate or are likely to violate laws and regulations
- (4) Acts of Making False Declaration
- (5) Acts of fraud or intimidation against We or other users of Services, acts of infringement on intellectual property rights, etc., portrait rights, privacy rights, honor or other rights or interests, acts of slander, etc., acts of disadvantage, damage, discomfort, or acts of promoting infringement or infringement on the rights of third parties, etc., and other dishonest acts
- (6) Conduct that imposes an excessive burden on Services networks/systems, etc.
- (7) Acts that We determines to interfere with Services or server, such as unauthorized access to We networks or systems, or unauthorized access.
- (8) Acts that may interfere with the operation of Services
- (9) Acts in which the same user uses more than one account, acts in which the same user becomes a third party, acts in which ID or passwords of Services other users or coupons (hereinafter collectively referred to as "Coupon, etc.") are used, or acts in which the same user makes a third party use his/her own Coupon, etc.
- (10) Provision of Benefits to Anti-Social Forces and Other Acts of Utilization Involving Anti-Social Forces
- (11) Act contrary to public order and morality
- (12) Acts that directly or indirectly induce or facilitate the acts set forth in the preceding items.
- (13) Resale of reserved seats; failure of the booker to visit a shop; or arrival of an agent of the booker. In addition, if We designates, it shall be allowed to request the submission of identification documents at the time of visiting the shop, and if it is not presented or it is deemed that the person is not the principal, it shall be handled as cancellation on the day of arrival.
- (14) Disclosing log-in ID to third parties, including other companies' web websites, programs and personals, and doing or having them do anything other than manipulation by the listed stores or the user
- (15) Acts of liquidating or reselling coupons
- (16) Acts that We determines to interfere with Services or server, such as automatic control, botting, tooling, programmatic logins, attempted accessing, etc.
- (17) In addition, acts deemed by We to be inappropriate pursuant to the preceding items.
-
３ We shall be entitled to take all or part of the following measures in the event that a report to the effect that the user violates the prohibited acts stipulated in the preceding paragraph is submitted by the listed stores or a third party, or We determines that the user violates such prohibited acts. We shall not be liable for any damages suffered by the user as a result thereof.
- (1) Suspension, cancellation, or deregistration of Services provided to users
- (2) Deleting data in We server
- (3) Invalidation of discounts from the use of coupons and billing of the amount discounted. Until such payment is made, We shall be entitled to withhold the provision of Services based on the reservation agreement, etc.
- ４ Even if the user violates the prohibited matters stipulated in Paragraph 2, rights arising through Services such as reservations and sales already made shall, in principle, be valid unless We denies its validity. In this case, the user may not assert the invalidity of the validity of the applicable rights and legal relationship.
-
１ We shall be entitled to change, add, suspend or suspend all or part of Services without prior notice to the user in the event of any of the following:
- (1) Periodic or urgent inspection and maintenance of Services computer systems
- (2) When an excessive load is applied to a computer or communication line due to excessive access or unexpected factors, or when a system error or other trouble occurs to This site
- (3) When it becomes necessary to maintain and secure information of users
- (4) Services is unable to operate due to force majeure, such as earthquake, lightning strike, fire, hacking, invasion by computer viruses, wind or flood damage, power failure, act of God, unexpected accident, war, Dispute, disturbance, epidemic, trade suspension, strike, riot, labor dispute, inability to secure transportation facilities for goods, or intervention by governmental authorities.
- (5) Where the provision of services by a telecommunications carrier, etc. has been suspended
- (6) Where the operation of Services has been suspended due to laws or ordinances or other equivalent measures
- ２ We may, at the discretion of This site, change, add, suspend, or suspend Services, in whole or in part, even if it does not fall under the preceding clause, by notifying the user in advance by posting it on This site or by any other method deemed appropriate by We.
- ３ We shall not be liable for any damages incurred by the user based on the measures taken by We under this article. Provided, however, that in the event all services are terminated permanently, the Company shall refund the fees if the Company receives payment for Services after termination.
- １ All Intellectual Property Rights relating to Services belong to We, and the license to use Services under This Agreement does not mean the license to use the Intellectual Property Rights of We.
- ２ Even in the event a trademark, logo mark, etc. is displayed in This site, We shall not transfer or grant the use of such trademark, logo mark, etc. to the user or any other third party.
- ３ We shall not be responsible for any trouble caused by the user in connection with This site or Services intellectual property rights, etc.
- ４ Users shall represent and warrant to We that they have legal rights to register or transmit registered information (including all images, trademarks, logos, etc., of the exterior and interior of the listed stores, etc. provided by the listed stores; hereinafter the same shall apply in this article) and that the registered information does not infringe the rights of a third party.
- ５ The listed stores shall license the use of the Registered Information to We and any third party (provided, however, that this shall be limited to a third party entrusted or entrusted by We and a third party affiliated with the business) to the extent required for the provision (advertising, media placement, etc.) of the services (not limited to Services) provided by We.
- ６ The listed stores shall not assert or enforce any copyright (including moral rights of author) or any other intellectual property right or allow a third party to assert or enforce any such right in connection with We pursuant to the preceding paragraph or the use of the Registered Information by a third party.
- １ In the event of any direct or indirect damage to We in connection with any breach of This Agreement by the user or any other use of Services (including cases where We receives a claim for damages or any other claim from a third party as a result of such act), the user shall compensate We for all damages (including attorney's fees).
- ２ In the event that a user has caused a Dispute with a third party with regard to This site・Services, the user shall settle such We at his/her own expense and responsibility, and the user shall not be involved in any way or assume any liability whatsoever.
- ３ We shall not be responsible for any damage incurred by the user with regard to the use of Services. Provided, however, that in the event a contract for Services use falls under the category of a consumer contract under the Consumer Contract Act, if We is liable for damages for default or tort in connection with the use of Services, We shall be liable to compensate for such damages only as direct and ordinary damages actually incurred by the user (limited to such damages as are directly related to such default and tort among the usage charges set forth in Article 11).
- ４ We shall not be liable for any damages (including cases where the occurrence of damages is foreseeable or foreseeable), lost profits, or indirect damages arising from extraordinary circumstances.
- ５ We shall not be liable for any damages caused by a natural disaster or any other reason not attributable to We (Item 4 of Paragraph 1 of Article 14).
- ６ Any problems related to the skimming or misappropriation of credit card information by a third party shall be settled by the user through direct consultation with the relevant credit card company, and We shall not be liable at all.
- １ Users shall, at their own expense and on their own responsibility, prepare computers, communication environments, and other media required for using Services. In addition, We does not warrant that This site will operate properly in the media prepared by the user, and does not warrant that any information provided through Services will conform, accurately, and usefully to the specific objectives of the user, that there will be no security-related defects, errors, bugs, viruses, etc., or that the rights of third parties will not be infringed.
- ２ Users shall back up the contents at their own risk, and We shall not be obliged to back up the contents.
- ３ We does not guarantee that Services is compatible with all media and terminals, and the user shall acknowledge in advance that the operation of Services may malfunction due to the upgrading of OS of media and terminals used for the use of Services. We does not warrant that the failure will be resolved in the event of such failure.
- ４ We does not guarantee to the Registrant that the reservation or sale of the listed stores will be effected, and We shall not be liable for any failure to attain the conclusion of the reservation at the listed stores or at the time and date desired by the Registrant.
- ５ We shall not be liable for any damages incurred during the use or administration of the coupons, except for cases caused by the willful misconduct or gross negligence of We.
- １ The registrant may withdraw from the membership in accordance with This site regulations or in any We prescribed manner only if the registrant terminates the performance of the reservation agreement or the sales contract already executed.
- ２ Please note that the fees already paid before the withdrawal procedure in the preceding paragraph will not be refunded.
- ３ In the event that there is any obligation owed to We in connection with the procedures for withdrawal as set forth in Paragraph 1, the applicable user shall immediately pay such obligation.
- ４ Please note that in the event of the user's withdrawal from membership, the user will not be able to use the data accumulated in Services for any reason, such as when the account was accidentally deleted. We assumes no liability in this respect.
- ５ When requesting registration after the withdrawal procedure, the registration procedure must be repeated in accordance with the provisions of Articles 4 to 6. The user shall agree in advance that the previous data will not be handed over after the re-registration procedure.
-
１ In the event We determines that a user falls under or is likely to fall under any of the following items, Services may temporarily suspend the use of said user's Services without giving any prior notice or notification, or may cancel the user's registration as a user (deleting an account) and terminate the contract for use of Services. In addition, if the registrant falls under any of the following circumstances, the listed stores may unilaterally cancel the reservation agreement or sales contract that has already been concluded. We shall not be obliged to disclose any reason for deregistration.
- (1) In the event of breach of This Agreement
- (2) When it is found that there were circumstances where the registration should not be approved at the application stage, such as a false registration.
- (3) In the event of the delay or suspension of the payment of the user fees as set forth in Paragraph 2 of Article 11, in the event of the delay or suspension of the payment of the cancellation fees to the listed stores as set forth in Paragraph 4 of Article 10, in the event of a petition for provisional attachment, attachment, auction, commencement of bankruptcy proceedings, commencement of proceedings for civil rehabilitation, commencement of corporate reorganization proceedings, or commencement of special liquidation, or in the event of a petition for commencement of proceedings similar thereto
- (4) In the event the credit card or bank account designated as the payment method for Services fails to settle the charges set forth in Paragraph 2 of Article 11 or the cancellation fee set forth in Paragraph 4 of Article 10, or the use of such credit card or bank account is suspended;
- (5) Failure to respond within one week to demand payment of accrued and unpaid cancellation fees, etc.
- (6) In the case of a suspension of business by a clearinghouse
- (7) In the event of a disposition for failure to pay taxes and other public charges
- (8) In the event of dissolution (excluding the case of a merger), commencement of liquidation, or transfer of all of the business to a third party
- (9) In the event that the competent authority imposes punishments such as suspension of business or revocation of business license or business registration.
- (10) When Services is not used for 6 months or more
- (11) If no response is received for 30 days or more in response to an inquiry or contact from We
- (12) When We determines that it is difficult to maintain a contractual relationship between We and the user, such as when a trusting relationship is lost
- (13) In the event of any This Agreement similar to any of the preceding items or circumstances that make it difficult to continue the Individual Contract
- ２ In the event of any of the events set forth in the items of the preceding paragraph, the User shall automatically forfeit the benefit of the due date with respect to any obligation owed to We and shall immediately pay all obligations to We.
- ３ We shall be entitled to retain and use the information provided to We by the applicable user even after deleting the user's account and other information.
- ４ We shall not be liable for any disadvantage or damage suffered by the user as a result of the measures taken by We under this article.
- The User shall handle Confidential Information disclosed or provided by We in connection with the use of Services with the care of a good manager, and shall not use the Confidential Information for any purpose other than Services or disclose or provide it to a third party without obtaining the prior written consent of the other party.
- １ We may use registered information, terminal information, and other information related to users in a form that is not personally identified for use in information distribution, statistics, or other services conducted by We or for providing such information to a third party.
- ２ Due to the nature of the services, We will provide registered information of the registrant to the shop where it is listed for the purpose of reservation management. The listed stores shall not use such information for any purpose other than as set forth in its Privacy Policy.
- ３ We collects information on the use of Services using information collection modules such as Cookie in order to grasp the use of Services. Please refer to the terms of use and privacy policy of each provider for the information collection module.
- ４ We shall not be liable for any damage caused by the use of Cookie or other information-gathering modules.
- ５ If you are a resident of EU member country and are eligible for GDPR policy, please contact us here. You may also appeal to the regulatory authority if you fail to properly handle the matter.
- １ This Agreement shall apply to all users during their term of use.
- ２ Articles 4 to 29 shall remain in force even after the cancellation of the registration of the user.
-
１ We and Users shall represent and warrant that they do not fall under any of the following items, both now and in the future.
- (1) Being an anti-social force
- (2) The Anti-Social Forces have a relationship that is found to control management.
- (3) The anti-social forces have a relationship that is found to be substantially involved in management.
- (4) Having a relationship that is found to unjustly utilize anti-social forces, such as for the purpose of promoting illicit gain for oneself or a third party or inflicting damage on a third party
- (5) Having a relationship recognized as having been involved in providing funds, etc. or convenience to anti-social forces
- (6) The officer or a person who is substantially involved in management has a relationship with antisocial forces that should be criticized socially.
- (7) Damage the credibility of others or obstruct business by violent demands, threatening behavior, unreasonable demands beyond legal responsibility, dissemination of rumors, fraudulent means, force, etc. on the part of oneself or a third party
- ２ In the event the other party is found to fall under any of the items in the preceding paragraph in breach of the representations and warranties set forth in the preceding paragraph, We or the User may immediately terminate all contracts relating to Services without giving any notice and shall be entitled to claim compensation for damages incurred.
- Any and all rights, duties, and positions relating to Services may not be transferred (including comprehensive succession by merger, company split, etc.), subleased, pledged, or otherwise disposed of to a third party without the consent of We.
- We may subcontract all or part of We's business under This Agreement to a third party.
- In the event We transfers all or part of the business related to Services to a third party (including a merger in which We becomes an extinguished company or a split company or a blanket succession resulting from a company split, etc.), We shall be entitled to transfer the status, rights, duties, user's information and other information of Services in connection with the said business transfer to the transferee of the said business transfer, and the user shall agree to this in advance.
- We shall be entitled to change the content of This Agreement without obtaining the consent of the user in accordance with Article 548-4 (Amendment to the Articles of Incorporation) of the Civil Code in the event that This Agreement needs to be changed due to changes in laws and regulations, changes in social conditions, changes in Services in whole or in part, or other circumstances. With regard to changes in This Agreement, the effective date shall be determined and the (1) change of This Agreement shall be made by means of posting in This site or otherwise, (2) the content of This Agreement after the change, and (3) the effective date shall be known, and the change in This Agreement shall become effective at the effective date.
- In the event of any doubt as to the matters not stipulated in This Agreement or the interpretation of This Agreement, We and the Users shall consult each other in accordance with the doctrine of good faith and seek prompt resolution.
- This Agreement shall be governed by the laws of Japan. The Tokyo District Court or the Tokyo Summary Court shall assume exclusive jurisdiction as the court of first instance for all Dispute arising out of or related to This Agreement, depending on the amount of such action.
- As of September 1, 2021, We changed its corporate name (trade name) to GMO OMAKASE, Inc. and its Services name to OMAKASE byGMO. Accordingly, in the event there is no special notice from We to the user, the "We" and the "Services name" of This Agreement after September 1, 2021 shall refer to "GMO OMAKASE, Inc." and "OMAKASE byGMO."
- Enactment of Regulations September 1, 2019
- Revision of the Code: August 19, 2021
- Revision of the Agreement on March 24, 2025
