Tokyo Calendar Inc. (hereafter referred to as the “Company”) prescribes as follows below the membership rules (hereafter referred to as the “Rules”) of the services (hereafter referred to as the “Services”) provided via the Company’s website, “Tokyo Calendar Website” (hereafter referred to as the “Company’s Website”), operated by the Company on the Internet. The provision of the Services on the Company’s Website may be received when becoming a member on the Company’s Website.
To use the Services provided by the Company, membership registration pursuant to the Rules will be required. Without exception, membership registration shall be applied for having confirmed and agreed to the Rules set forth below and the “Handling of Personal Information” separately prescribed by the Company.
Article 1 Applicable Scope of the Rules
1. The Rules shall be applicable to the Company and the member in relation to the provision of the Services as well as to its uses and to registration procedures.
2. When the member uses the Services in accordance with the Rules, individual regulations separately prescribed by the Company, such as the personal information protection policy and other additional regulations given notice to the member or published on the Company’s Website at any time shall constitute a portion of the Rules. In the event the Rules and the individual regulations or additional regulations are contradictory or in conflict, the individual regulations or additional regulations shall prevail and be applied to the extent that that there are no specific provisions clearly indicating to the effect that the Rules shall prevail.
Article 2 Member/Membership Registration
1. Member indicates a person who, in accordance with the method designated by the Company, makes a membership registration application and who is able to make a final confirmation of the completion of the membership registration prescribed in Paragraph 4 of this Article by and between the Company. Membership applicant means a person who has made a membership application and up to the completion of the membership registration.
2. Membership registration is undertaken by the applicant himself/herself who wishes to become a member and who agrees with the Rules based on the true intentions of the applicant. When using the Services after registering as a member, the member shall be deemed to be agreeing to the Rules each time of use.
3. The personal information (Act on the Protection of Personal Information (which shall be based on the definitions of Act No. 57 of May 30, 2003, Article 2) may be used for the purpose (including, but not limited to, event announcements and product/services information) of the provision of the Services and other services provided by the Company, such as “EC Shopping,” and the personal information registered by the member shall be strictly managed pursuant to the Personal Information Policy separately published by the Company.
4. The final confirmation of the completion of the membership registration shall, in respect to a membership application from a membership applicant, be undertaken by the Company giving notice to that effect to the e-mail address registered by the membership applicant.
5. When any one of the Items below is applicable to a membership applicant, there are cases when, at the discretion of the Company, the relevant membership application will not be approved. In this event, the Company shall bear no obligation to disclose to the relevant membership applicant the reasons for not approving said membership application.
(1) When the membership applicant had previously been subject to a suspension of the use of the Services or to a cancellation of membership due to a breach of these Rules.
(2) When the content of the membership registration contains false information
(3) When an application is made fraudulently using the information of another person
(4) When the Company judges that the acceptance of the application is inappropriate for any other reason
Article 3 Change of Registered Information / Cancellation of Membership
1. When there is a change in the registered information, such as the member’s address, name, telephone number or e-mail address, etc., the member, at his/her responsibility, shall promptly submit the change by the method designated by the Company.
2. The member may cancel his/her membership at any time by giving notice to the Company by the Company’s stipulated method
3. Even though after the member cancels his/her membership, when there are bookings/orders etc. already in effect based on the use of the Service while a member, the relevant bookings/orders etc. shall be executed pursuant to these Rules and the member may not change of cancel such bookings/orders etc. except when approved by the Company.
4. The Company shall retain the information of a member who cancels his/her membership for a certain period in accordance with the statutory retention period of documents, such as account ledgers, etc.
Article 4 Suspension of Use /Cancellation of Membership
1. When any one of the following Items is applicable to a member, the Company, at its discretion and without giving prior notice, may suspend the use of the Services by the member or cancel the membership registration. In this event, there may be cases when the Company cancels bookings/orders, etc. already in effect based on the use of the Services.
(1) When it is found the membership registration had previously been cancelled due to a breach of these Rules.
(2) When it is found that the content of the membership registration contains false information
(3) When it is found that a membership registration was made fraudulently using the information of another person
(4) When these Rules are breached
(5) When acts have been undertaken falling under Article 6 (Prohibitions)
(6) Otherwise when the Company deems that membership is inappropriate, such as when falling under antisocial forces
2. A member, when falling under any one of the Items of the preceding Paragraph, shall automatically without the need for prior notice from the Company lose the benefit of time with respect to all obligations borne in respect to the Company and shall immediately discharge the full amount of such obligations to the Company.
3. Pursuant to the provisions of Paragraph 1, the Company shall bear no responsibility when the member suffers damage caused by the suspension of the use of the Services, the cancellation of the membership registration or the cancellation of bookings/orders, etc. undertaken by the Company with respect to the member.
Article 5 Information and Password Management
1. The member bears responsibility for the management of information such as his/her login ID and password, etc. (hereafter referred to as the “Password, etc.”) which the member himself/herself set-up.
2. The member must not authorize the use, transfer, lend or disclose the Password, etc. to a third party.
3. When the member finds that the Password, etc. is being fraudulently used by a third party or when there is a risk thereof, the member shall immediately notify the Company to that effect.
4. The member shall himself/herself bear responsibility for all damages suffered by the Company caused by the inappropriate management, errors in usage, or a third party's usage of the Password, etc.
Article 6 Prohibitions
A member shall not commit any of the following acts.
(1) Membership registration based on a fraudulent method, on false or inaccurate information or make multiple membership registration for one person
(2) Be delinquent or in default of the payment of monies incurred accompanying Services’ bookings/orders and other obligations incurred accompanying the use of the Services
(3) Fraudulently use an address, e-mail address or Password, etc.
(4) Fraudulently use a credit card, etc.
(5) Interfere with the operation of the Services or engage in any other act that is likely to disrupt the Services or engage in acts where there is a risk thereof
(6) Commit any act that causes or is likely to cause inconvenience, disadvantage or damage to any other member, the Company or third parties
(7) Commit an act infringing or that risks to infringing on the rights possessed by the Company or third parties
(8) Commit any act that is or is risks being morally offensive or that violates or risks violating any law or regulation
(9) Copy, sell or otherwise use exceeding the scope of personal use information obtained in relation to the use of the Services
(10) Engage in acts which allow a third party other than a member to receive the provision of the Services
(11) Transfer, lend or otherwise engage in an act consigning membership status to a third party
(12) Reverse engineer or use for a fraudulent purpose the Application
(13) Otherwise engage in acts which the Company deems inappropriate as a member
Article 7 Individual Responsibility for Equipment, etc.
1. The member shall prepare at his/her on responsibility and expense the required terminal, communications equipment, computer, software and all other required devices (hereafter referred to as the “Devices”) incidental to these in order to use the Services and to establish the conditions to enable the use of the Services.
2. The Company shall separately provide information relating to the environment for the usage (hereafter referred to as “Usage Environment”) of the Services.
3. The member accepts that there may be cases when the Devises do not conform to the Usage Environment indicated by the Company and when the use of the Services may not be possible. Furthermore, notwithstanding use based on the Usage Environment indicated by the Company, the member accepts that there may be occasions when the use of the Services may not be possible due to the member’s computer settings, etc.
4. The member shall connect to the Services via a communications service at his/her on responsibility and expense.
5. The member shall adopt security measures, etc. which comply with his/her on usage environment at his/her on responsibility and expense.
Article 8 Suspension of Services
When falling under any one of the following Items, the Company, without giving prior notice to the member, may at the Company’s discretion suspend all or a portion of the provision of the Services. In this event, the Company shall bear no responsibility whatsoever for damages suffered by the member.
(1) When there is necessary system maintenance and inspections, etc. which are required for the provision of the Services
(2) When the operations of the Services becomes difficult due to fires, power failures, communication line failures, obstructive acts by third parties or legal restrictions, etc.
(3) When otherwise the Company deems that the suspension of the Services is unavoidable
Article 9 Performance of Company’s Obligations
The Company shall undertake the provision of the Services pursuant to these Rules.
Article 10 Notices, etc. to Members
1. Notices shall be transmitted to the e-mail address registered by the member, published on a designated webpage on the Internet relating to the Services or by a method deemed appropriate by the Company.
2. When a notice or sent documents (hereafter referred to as “Notices, etc.”) transmitted to the member from the Company arrive late or fail to arrive because there is a mistake in the registered information or the notice of Paragraph 1, Article 3 was not given, the Notices, etc. shall be deemed to have arrived at the member at the time it normally should have arrived.
Article 11 Other Disclaimers
The Company shall be exempted from responsibility with respect to the matters set forth separately in these Rules and to the matters of each of the following Items.
(1) Delay or impossibility of the provision of the Services arising due to natural disasters, wars, riots, civil wars, the enactment/repeal of laws and regulations, order/dispositions by a public authority, strikes or other labor disputes, freight/transport accidents, interruption of telecommunication services by a telecommunications carrier, communication failures and other causes which cannot be attributable to the Company, such as force majeure, etc.
(2) Delay or impossibility of the provision of the Services arising due to the causes prescribed in the preceding Items or bankruptcy with respect to a subcontracting of operations relating to the Services
(3) Completeness, accuracy, effectiveness or other warranties of the content or information, etc. relating to the Services
(4) Any matter relating to advertisements published on the Internet and magazines, etc. relating to the Services, any matters relating to sales promotions, etc. relating to the Services or any matters relating to relations between businesses who implement these and the member
(5) Disputes and related damages arising between the member and another member or a third party relating to the use of the Services. In this event, the member shall resolve such disputes at his/her own responsibility and expense and shall cause no inconvenience to the Company.
(6) Any matter relating to the communications environment, computer devices and communications devices used for the purpose of the use of the Services as well as the set-up expenses, Internet provider usage charges and expenses such as communications charges
Article 12 Services
The Services allow for restaurant reservations to be made online.
Article 13 Restaurant Reservation Services
1. The restaurant reservation services, which can be made online, are prescribed as follows in the following Paragraphs and the restaurant reservation services allow the member to make restaurant reservation inquiries and restaurant reservations. The member shall make inquiries and reservations in respect to the Company by the predetermined method designated by the Company (the Company shall not accept inquiries and reservations by any other method), but the adoption of either of the services shall be determined by the restaurants and the Company shall have no involvement in that decision. Additionally, after making the reservation, when the details of the reservation are changed without relation to the operations of the member, the Company shall bear no responsibility whatsoever with respect to damages caused by this, excluding cases caused by the intent or gross negligence of the Company.
2. (1) Restaurant Inquiries
The member may make restaurant reservation inquires via the restaurant webpage of the Company’s website. At the point in time of the completion of the procedures on the Company’s website, the restaurant reservation shall not be confirmed. At a later date, the success or failure of the reservation shall be confirmed by notice from the restaurant to the e-mail address registered by the member. Additionally, the confirmation, change or cancellation of the reservation details after making the reservation shall be undertaken via direct communications with the restaurant and the Services shall have no involvement with those details.
(2) Restaurant Reservations
(i)-1 Registration of Restaurant Reservation
The member may undertake the procedures up to the completion of the restaurant reservation of the restaurant webpage of the Company’s website. The member shall specify the required information such as the time and date, the number of people, the seating, meal course and plan, etc. and the reservation shall be established with the restaurant at the point in time that the reservation procedures on the Company’s website have been completed.
(i)-2 Registration of Restaurant Reservation entailing Prior Payment
In addition to the procedures prescribed in the preceding Item, there may be cases when prior payment is requested with respect to a portion of the plans. In this event, the member, in accordance with the predetermined procedures of the Company’s website, shall carry out the authorization process relating to credit card payments by imputing his/her credit card information. At the point in time that the credit card company’s authorization relating to the payment is received and all the procedures on the Company’s website are completed, the reservation with the restaurant shall be established. The settlement date of the credit card shall be the date contracted between the member and the credit card company.
(ii) Reservation Confirmation
Following the completion of registration of the reservation prescribed in the preceding Item, please contact the Company’s website in the event that a confirmation notice relating to the details of the reservation is not sent to the e-mail address registered by the member from the Company within 24 hours following the establishment of the reservation.
(iii) Change of Reservation
When there is an inconsistency between the confirmation e-mail prescribed in the preceding Item and the details of the reservation or when the member wishes to change the reservation for any reason whatsoever, the member may change the reservation details within the Company’s website during the period up until the change receipt deadline. With respect to changes following the passage of the change receipt deadline, the member shall follow the details set forth in the confirmation e-mail.
(iv) Reservation Cancellation
The member may cancel the reservation within the Company’s website during the period up to the cancellation deadline only if the restaurant approves in advance the cancellation of a reservation made through the Services and reservation cancellation charges shall be in accordance with the restaurant’s predetermined rules. With respect to cancellations following the passage of the cancellation receipt deadline, the member shall follow the details set forth in the confirmation e-mail.
Article 14 Copyrights, etc.
The member shall not dispute the vesting of the rights of a third party (hereafter referred to as the “Rights Holder”) who posses copyrights, trademarks, image rights and any other rights whatsoever with respect to information obtained through the Services and shall not engage in acts which infringe or risk to infringing such rights. In the event the provisions of this Article are breached and a dispute arises with the Rights Holder or a third party, the member shall resolve such dispute at his/her own responsibility and expense and shall not inconvenience the Company or cause the Company to suffer damages.
Article 15 Agreed Jurisdiction
In the event a dispute arises in relation to the use of the Services, the member agrees that the Tokyo District Court shall be the exclusive agreed court of jurisdiction in the first instance.
Article 16 Governing Law
The Rules shall be governed by the laws of Japan with respect to all matters including its formation, effect, interpretation and performance.
Article 17 Modification of the Content of the Services and the Rules
When deemed necessary by the Company, the Company may without giving notice or compensation to the member and at any time change or discontinue the content of all or a portion of the Services. In parallel with the change or discontinuation, etc. of the content of the Services, the content of the Rules shall, without obtaining the prior approval of the member, be appropriately revised based on the judgment of the Company and the Company shall give notice to the member in accordance with the provisions of the Rules. The member may cancel his/her membership when the member does not consent to the content of the Rules following the change, etc.
Article 18 Age Restrictions
1. When making a membership registration application in order to use the Services, a minor shall make the application having obtained the consent of his/her guardian. When there has been a membership registration application, the Company shall deem that the consent of the guardian has been obtained.
2. When making a booking/order using the Services, the minor shall make the booking/order having obtained the consent of his/her guardian. When there has been a booking/order, the Company shall deem that the consent of the guardian has been obtained.
Article 19 Assignment of Obligations and Contractual Status
The member acknowledges in advance and without objection in this Article that it is possible that the Company may assign to third party or have third party succeed to the obligations, regardless of whether in whole or in part, possessed by the Company in respect to the member or the contractual status with the member pursuant to the Rules.