OMAKASE JapanEatinerary byGMO
Voucher User Agreement
Article 1 (General Provisions)
- 1. OMAKASE JapanEatinerary byGMO Voucher User Agreement (hereinafter referred to as the "Agreement") shall apply to all relations between GMO OMAKASE Inc. (hereinafter referred to as the "Company", "We" or “us”) (URL of the Top Page shall be https://www.omakase-japan.co.jp) and the users (hereinafter referred to as the "voucher user") of the Services in connection with the use and operation of the "OMAKASE JapanEatinerary byGMO" (hereinafter included related services the "Services") provided by the Company. The voucher user shall use the Services after thoroughly reading, confirming, and approving these the Agreement, other rules, policies, and the contents of the website related to the Services (hereinafter referred to as the "Service Site") (hereinafter referred to as the "Terms and Conditions"). We shall deem that the voucher user has accepted all the contents of these Terms and Conditions when the voucher user uses the Service.
- 2. We may change these Terms and Conditions without obtaining the consent of voucher user. We shall notify voucher user of the change to Terms and Conditions, the contents of that after the change, and the effective date thereof in a way separately stipulated by us. In the event the voucher user uses the Services after the effective period, we shall be deemed to have agreed to all the contents of the revised Agreement.
Article 2 (Membership registration)
- 1. Any use of the Services (except for subscriptions to advertising e-mails issued by us in connection with the Services and other services separately designated by us) must be a member of the "OMAKASE JapanEatinerary byGMO" provided by us. The voucher user shall register as a member of "OMAKASE JapanEatinerary byGMO" prior to using the Services.
- 2. We may use OMAKASE JapanEatinerary byGMO membership data registered by voucher user as separately stipulated in our Privacy Policy for the provision of the Services.
- 3. The registrant shall assure us that the territory in which the registrant resides or seeks to exploit the Services is not a territory or United Kingdom within the European Economic Community.
- 4. The registrant shall agree in advance that all or a part of the membership information (name as defined in Article 3 of the Privacy Policy, e-mail address, telephone number (telephone country), date of birth, gender, usage language, place of work, residential area, and other information that users enter in the input form specified by us (such as receipts names, allergy information, favorite foods, painful foods, quantities consumed, and liquor) will be disclosed to the partners (as defined in Article 3, Item 2).
Article 3 (Contents of Service)
- 1. This service sells vouchers posted on the Service Site (hereinafter referred to as the "Voucher") or services, etc. provided by persons who have concluded agreements with us concerning ticket sales (hereinafter referred to as the "Services Covered by the Voucher") to voucher users.
- 2. The service provider of the services subject to the voucher is the person described in the voucher (hereinafter referred to as the "partner").
- 3. This voucher may only be used for the use of the Voucher Service provided by the partner(s) described in this voucher.
Article 4 (Purchase of vouchers)
- 1. In the event a voucher user wishes to purchase the voucher, the voucher user shall confirm the notice from us, including but not limited to the cancellation policy, declaration of allergic foods, the policy relating to acts of God, war, terrorism, spread of infectious diseases, and other delays or inability to fulfill the contract due to force majeure, and shall apply for purchase of the voucher in the way prescribed by the Service Site, after confirming and agree all of them.
- 2. The agreement for the purchase of the vouchers will be entered into between the voucher user and us when the partner accepts the reservation and we notify the completion of the purchase in a way separately set forth by us. In addition, the reservation for the provision of services covered by this voucher shall also conclude the contract.
- 3. We may set an upper limit on the number of vouchers that can be purchased by one voucher user for each voucher, (hereinafter referred to as the "number of vouchers to be purchased").
- 4. In order to use the voucher, it is necessary to provide the information of the voucher to the partner in a way separately set forth by us. Please note that voucher cannot be used in any manner other than that specified by us.
- 5. The voucher user may purchase only the voucher used by ownself. You may not assign or allow any third party to use the vouchers you purchased. Provided, however, that this provision shall not apply if we admit it separately.
Article 5 (Payment and grant of a voucher)
- 1. In the event that a contract for the purchase of the voucher is concluded pursuant to clause 2 of the preceding article, the voucher user shall be obliged to pay the full amount of the price of the voucher to us in accordance with the method specified by us.
- 2. We will grant the voucher to the voucher user after confirming the completion of the payment procedures stipulated in the preceding clause. The grant of a voucher shall mean the time when we enable the display of the voucher purchased by the voucher user on a separate Web page prepared for each voucher user (hereinafter referred to as "My Page") on the Service Site, or when we send an e-mail notification that the purchase of the voucher has been completed. As stated in Clause 2 of the preceding article, the reservation for the provision of services covered by this voucher shall also be fixed at the same time.
- 3. In the event a voucher user delays in the performance of any monetary obligation owed to us pursuant to these Terms and Conditions, the voucher user shall pay a late payment charge at the rate of 14.6% per annum from the day following the due date to the completion of payment.
Article 6 (How to use a voucher)
- 1. When using the voucher purchased, the voucher user is required to present the information of the voucher to the partner in a way separately set forth by us. Please refer to the explanation in this service for the presentation method and presentation flow. Please note that the voucher cannot be printed, brought with you, and presented.
- 2. In the event of any operation related to the use of the voucher specified by us, the voucher user shall be deemed to have used the voucher, regardless of whether the operation is performed by the partner.
- 3. Any inquiries regarding the use of the Partner (including but not limited to cancellation of reservations and reservations) shall be made directly by voucher user to the Partner, and we will not respond to any inquiry from voucher user to us.
Article 7 (Cancellation of vouchers, etc.)
- 1. The voucher shall be available only on the determined date and time of use. Please note that the voucher will be invalid and cancellation of the use and purchase of the voucher will become impossible when the date and time of use have passed.
- 2. In the case of the preceding clause, if the voucher becomes invalid because the voucher user has passed the date and time of use of the voucher, we shall not refund the purchase price of the voucher for any reason.
- 3. The voucher user who wishes to cancel the voucher must request cancellation by the way specified by us.
- 4. In the event that the voucher is cancelled pursuant to Clause 3 hereof, we shall not assume any responsibility beyond the obligations set forth in laws and regulations, etc. to the voucher user.
Article 8 (word of mouth)
- 1. The Service shall be able to provide a page where word-of-mouth related to partners or services can be posted or viewed for the purpose of information exchange and information collection among voucher users (hereinafter referred to as the "word-of-mouth page"). Voucher users shall confirm and approve that we will operate the word-of-mouth page based on the purpose and policy separately set forth by us.
- 2. We, at our discretion, may introduce the word-of-mouth for publicity as marketing activities (including, but not limited to, PR, sales promotion, advertising, brand improvement, media exposure, and other marketing activities) through media operated by us and third parties (including but not limited to websites, SNS, and print media).
Article 9 (Advertising)
- We may advertise to voucher user, including various e-mail magazines. Provided, however, that voucher user may refuse to receive e-mail magazines in a way separately set forth by us.
Article 10 (Use of Cookies, etc.)
- 1. This Service Site uses Cookies and JavaScript. If a voucher user does not wish to use these features, Cookies and JavaScript can be deactivated by changing the settings of the voucher user. Provided, however, that voucher user shall acknowledge that the Services may become unavailable in an optimum condition if the functions are deactivated.
- 2. For browsing the Service Site, we may set a recommended browsing environment. Voucher user shall be acknowledge that a voucher user may not be able to receive the Services in an optimum condition due to access to the Services in a condition that is not in the recommended viewing environment.
Article 11 (Suspension of Services)
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1. In the event of any situation of the following, the Company may suspend or discontinue all or a part of the Services without prior notice to the voucher user.
- (1) When it is necessary to maintain the system related to the Service.
- (2) In the event of any modification or expansion of the Service Site.
- (3) Natural disasters, epidemics, communication line failures, unauthorized access by a third party, server attacks, or other causes not attributable to us
- (4) In the event it becomes difficult to continue the Services due to revisions to applicable laws, guidelines, self-regulations, etc.
- 2. In the event set forth in any of the items of the preceding clause, even if we fail to fulfill all or part of our obligations under this Agreement, including the provision of the Services to the voucher user, we shall not be liable for any damages incurred by the voucher user arising out of or in connection with such event. Provided, however, that in the event of gross negligence on our part, we shall be liable to the voucher user for damages up to the purchase price of the voucher.
Article 12 (Exemption, etc.)
- 1. We shall not be liable for any damage to the voucher user caused by such events as slowing down or inability to display the Service, delays in granting, inability to grant, or inability to display the Voucher, except by our intent or gross negligence.
- 2. We do not guarantee the usefulness, conformity, completeness, accuracy, safety, legality, newness, non-infringement of the rights of a third party, etc. with respect to all information provided on the Service Site (including, but not limited to, information provided as a Service or by e-mail in connection with the Service Site, and any information contained in the Linked Site managed and operated by a third party displayed on the Service Site).
- 3. We shall not be liable for any damages or consequences whatsoever incurred by voucher user due to any breach of Terms and Conditions by voucher user except through our intent or gross negligence.
- 4. We shall not be liable for any damages to the voucher user arising from the use of the voucher by a third party due to theft, counterfeiting, etc., except in cases of our intent or gross negligence. In addition, voucher user shall promptly notify us of any discovery of theft, etc. described above, and if instructed by us to take further actions, follow the instructions.
- 5. The standard time for the provision of the Voucher Service shall be the time of Japan Standard Time recorded on the server managed by us, and we do not guarantee the accuracy or usefulness of the time and time information displayed on the Service Site, or assume any responsibility whatsoever.
- 6. We will not bear any communication costs, etc., incurred by voucher user when using the Service Site.
- 7. We shall not assume any responsibility even in the event of a dispute with the partner as a result of the use by the voucher user of the Services Covered by the Voucher.
Article 13 (Prohibitions)
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In addition to the provisions of Terms and Conditions, voucher user shall not engage in any of the following acts (including acts that may involve such acts):
- (1) Acts in violation of Terms and Conditions
- (2) Violation of laws and regulations
- (3) Conduct that leads to criminal acts or encourages criminal acts
- (4) Disclosing information that identifies other voucher users or other third parties
- (5) Conduct that causes disadvantage to other voucher users or other third parties
- (6) Acts of using the Services by spoofing
- (7) Acts that interfere with the operation of the Service, such as unauthorized access
- (8) Acts of attack on servers, etc. related to the Services
- (9) Act of imposing a load on the system of the Services
- (10) Transmission or provision of harmful programs such as computer viruses
- (11) Solicitation of organizations, services, or activities not related to the Services
- (12) Acts that infringe the copyrights, trademarks, or other intellectual property rights of us, other voucher users, or other third parties
- (13) Acts that infringe or may infringe the proprietary rights, privacy rights, portrait rights, or other rights of us, other vouchers, or other third parties.
- (14) Discrimination or slander against other voucher users or third parties
- (15) The act of a single voucher user registrate duplicately or leasing or transferring membership to another person
- (16) Resale, rent, pledge, and other acts that deviate from the prescribed usage methods of the Vouchers
- (17) Commercial activities using the Services
- (18) Acts that deviate from the normal scope and persistently require us to respond to inquiries.
- (19) Transmitting e-mails to third parties for advertising, publicity or solicitation without the permission of us
- (20) Act of providing us with false registration information
- (21) Any other act deemed inappropriate by us.
Article 14 (Warrant)
- The voucher user hereby warrant that (i) the voucher user does not reside in a country to which the United States embargoes goods or otherwise applies economic sanctions in accordance with any sanctions laws and regulations; (ii) the voucher user are not a person who is prohibited from trading with under applicable export or re-export laws and regulations, or similar laws applicable in other jurisdictions, or otherwise on the U.S. Government's list of prohibited or restricted persons [or those who are owned, controlled, or ultimately controlled by such a person]; and (iii) the voucher user is not engaged in any act that may be in violation of those sanctions laws and regulations.
Article 15 (Cancellation, etc.)
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1. In the event the voucher user falls under any of the following items, we may discontinue the provision of the Services (including, but not limited to, suspension of the purchase of the voucher) without any prior notice or demand to such voucher user:
- (1) In the event that the voucher user falls under or is deemed likely to fall under any of the items of Article 13 (Prohibitions)
- (2) In the event the use of a credit card or deposit account is discontinued by the credit card company of the credit card used for the purchase of the voucher or by a financial institution of the deposit account, etc.
- (3) In the event of seizure or disposition for failure to pay on the assets of voucher user
- (4) In the event of a petition for commencement of bankruptcy proceedings, commencement of corporate reorganization proceedings, commencement of civil rehabilitation proceedings, or special liquidation, or a petition by a third party
- (5) Cases where a suspension of business has been issued by a clearinghouse
- (6) In the event of a ruling for commencement of guardianship against an individual voucher user
- (7) In the event of an inquiry to us under the Code of Criminal Procedure, the Attorney Act, or other laws and regulations
- (8) In the event of any breach of the regulations, agreements stipulated by the Company or any GMO internet group company, and other laws, ordinances, or notices
- (9) In the event that a voucher user is found to fall under any of the following categories of anti-social forces, special intellectual violence group, members of such groups, or any other person closely related to or similar to any of these groups.
- (10) Otherwise, when we judge it inappropriate as a voucher user.
- 2. In the event that the use of the Services is discontinued by us pursuant to the preceding clause, the voucher user shall lose the benefit of the time limit and shall immediately pay the purchase price, etc., of the vouchers and all other debts owed to us by the time specified by us in a lump sum. Termination of the Agreement pursuant to this %h2 article shall not prevent us from exercising our right to claim compensation for damages against voucher user.
Article 16 (Non-Assignment of Rights and Obligations)
- The voucher user may not assign, transfer, or pledge as collateral to a third party the rights and obligations under the Terms and Conditions and the contractual status concerning the purchase of the voucher. Provided, however, that this provision shall not apply when otherwise provided in these Terms and Conditions or when approved in advance by us.
Article 17 (Damages)
- 1. In the event that a voucher user violates any of the provisions of the Terms and Conditions and causes damage to us, other voucher users, partners, or other third parties, the voucher user shall compensate for such damage.
- 2. In the event we cause damage to the voucher user with regard to the provision of the Services, we shall compensate directly and normally incurred damages to the voucher user up to the total amount of the purchase price of the voucher paid by the voucher user to us and the purchase price of the products, etc. paid to the partner by the voucher user in the six months immediately preceding the occurrence of the damage. Provided, however, that in the event the occurrence of damages is caused by our intent or gross negligence or as otherwise provided by laws and regulations, the above stipulations concerning the upper limit of compensation shall not apply.
Article 18 (Governing Law and Agreed Jurisdiction)
- 1. This Agreement shall be governed by and construed in accordance with the laws of Japan.
- 2. The Tokyo Summary Court or the Tokyo District Court shall assume exclusive jurisdiction as the court of first instance for the settlement of any and all disputes arising between us and voucher user with regard to the use of the Services in accordance with the amount of claim.
Supplementary Provisions
This Agreement shall become effective on the 1st day of July,2023.