KK VESPER ("we", or "us") has adopted the following TableCheck Terms of Service and Membership ("Terms of Service and Membership") for all users including our members (collectively, "the user"), who use websites that provide "TableCheck" services ("this service") we operate and any succeeding site or related sites (collectively, "this site"). In order to use this site, you must agree to these Terms of Service and Membership.
Article 1 (Using This Service)
The user may make a reservation request to use the services provided by us or member companies, organizations, bodies or individuals we approve ("participating member restaurants") or make a receive request to receive information distributed by participating member restaurants under these Terms of Service and Membership.
The user may not permit any third party to utilize, transfer or otherwise dispose of his/her user license, contractual status and rights and obligations under these Terms of Service and Membership.
Article 2 (Member Registration)
Member means a person who has approved these Terms of Service and Membership and applied for admission for use of this site in a manner that we determine and to whom we have approved admission.
Article 3 (Applying for Membership)
Those who wish to become a member ("membership applicant") shall personally apply for admission online in a way that we prescribe. Where a membership applicant is a minor, such applicant must apply after obtaining consent from his/her legal representatives such as a person with parental authority.
The process for membership registration shall be completed upon our acceptance of the application referred to in the preceding paragraph; provided, however, that we reserve the right, at our discretion, to not approve admission in such cases that a membership applicant in the past had his/her user license revoked or made false declaration upon applying for registration, or cancel registration even after acceptance. In no event shall we be liable for such decisions and measures taken by us.
Article 4 (Password Management, etc.)
The user is responsible for management of information (including email address, telephone number, password and reservation confirmation number ("user’s password, etc.")) required for the process to apply for the registration referred to in the preceding article and for using this service.
The user may not permit any third party to utilize, transfer or otherwise dispose of the user’s password, etc.
The user is responsible for any damage caused by misuse, inadequate management, or use by a third party of the user’s password, etc., and in no event shall we or the participating member restaurants be liable for such damage.
In the event where user’s password, etc. is leaked to any third party, or is suspected of being used by any third party, the user shall notify us immediately and follow our instructions, if any. In such cases, we reserve the right to disable the user’s password, etc. as belonging to an unauthorized account.
Article 5 (Receiving Emails, etc.)
The user shall agree to receive emails and SMS (Short Message Service: a service for sending short messages to mobile phone numbers; collectively, "Email, etc.") notifications (including a confirmation notice, a reconfirmation notice and a notice for changes to a reservation and a confirmation notice after use; "Reservation Notice, etc.") for reservations that we deliver to the user using this site.
The member shall agree to receive information that we deliver via email, etc. regarding this site or service, or regarding notice of maintenance, changes, or suspension or addition of participating member restaurants.
Where the user wishes to receive emails with information that participating member restaurants deliver directly, the user is able to apply to receive such emails upon making a reservation request or on a website of the participating member restaurant.
We shall assume no responsibility whatsoever for the contents of the email information, etc. referred to in the preceding paragraph or its delivery methods.
Where the user wishes to stop receiving the email information referred to in the preceding paragraphs 2 and 3, the user shall request to stop receiving such emails on the members’ area of this site ("members’ area") or in the form that we prescribe.
In the event that the user’s email address, etc. registered with this site for his/her membership changes, the user shall be responsible for promptly updating such changes in his/her registration information in the members’ area or in the form that we prescribe or notify thereof. In no event shall we be liable for any damage caused by a situation in which users are unable to receive or confirm reservation notices, etc. due to failure to update said change.
Article 6 (Change in the Matters Notified)
In the case of a change occurring in the matters notified, the user shall promptly notify us in the members’ area or in the form that we prescribe.
Notifications sent from us to the user shall be usually deemed to have arrived to the user when we deliver them to the contact address given by the user.
Article 7 (Completion of Reservations)
The user may make a reservation request to participating member restaurants using this service, and we shall notify the user who makes requests thereof by sending completion of reservation emails or using other contact methods when participating member restaurants accept such requests from the user.
The user guarantees that his/her name, telephone number, email address, credit card number and other necessary information supplied to us or participating member restaurants when using this service are true and authentic.
Notwithstanding the foregoing, the user shall be solely liable for damages incurred by providing false or unlawful information intentionally or negligently, or information of any third party without obtaining consent, and we shall assume no liability.
Article 8 (Cancellation of Reservation Requests)
The user may cancel a reservation made using this service in a way that we or participating member restaurants prescribe ("the cancellation").
Where the details of the cancellation infringes cancellation policies set forth by participating member restaurants, the user may be obliged to pay participating member restaurants cancellation charges, etc. pursuant to said cancellation policies.
We may suspend the user license at our discretion for users who cancel reservations on several occasions.
Where the user abandons a reservation made without making a cancellation or notifying participating member restaurants using functions on this site that we prescribe or by directly contacting them ("cancellation without notice"), and such a cancellation infringes upon cancellation policies set forth by participating member restaurants, the user may be obliged to pay participating member restaurants cancellation charges, etc. pursuant to said cancellation policies.
We may suspend the user license at our discretion for such users who make a cancellation without notice once or on several occasions.
The user shall warrant that the name, telephone number, email address, credit card number and other necessary information reported to us or the participating member restaurants in using this service is true and correct.
Issues or disputes, etc. relating to a completion, change, cancellation, cancellation policies of a reservation, or contents of a service or payment of cancellation charges shall be resolved between participating member restaurants and the user, and we shall assume no responsibility whatsoever.
Article 9 (Business Information of Participating Member Restaurants)
We shall give no guarantee as to the correctness of the business information (including opening hours, non-open days, locations, contact details, cancellation policies, availability on the user’s desired date and time, acceptance or rejection of reservations that the user made, menus, images and delivered information that the user wishes to receive) of participating member restaurants. In no event shall we be liable for any damage that the user may incur as a result of any errors in the business information of participating member restaurants.
Article 10 (Links to Third Party Websites)
This site may contain hypertext links to other websites operated by third parties. We do not administer or operate such websites that can be visited by said hypertext links, and we assume no responsibility for the contents, etc. thereof.
We take no responsibility for the contents, etc. of websites or emails, etc. that are operated and administered by third parties, which lead the user to this site or this service via referrals, links or other measures.
Article 11 (Handling of User Information)
We use user information for the purposes listed below:
Article 12 (Withdrawal)
The member may withdraw from his/her membership following procedures that we prescribe.
In the event that the member dies, or otherwise when there is a reason that stops the member from using his/her membership, we shall deem that such member has withdrawn at such moment and suspend his/her user password, etc.
Article 13 (Suspension of User Licenses and Exclusion)
We reserve the right to temporarily suspend user licenses or exclude users without prior notice or requisition in the following cases:
When the user misuses or permits misuse of the user’s password, this service or this site
When the user fails to perform his/her obligations attached to this service or this site
When the user falls into a state of suspension of payments or insolvency
When a petition for commencement of seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, rehabilitation, corporate reorganization or special liquidation is filed against the user, or the user him/herself files a petition for commencement of bankruptcy, rehabilitation, corporate reorganization or special liquidation
When there are more password input errors than we specify
When no usage of this site is recorded during a period we specify
When we deem the user as an anti-social force, etc. (referring to crime syndicates, gang members, gang group semi-regular members, corporate racketeers, groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, anti-social forces and other equivalent persons), or that the user has some form of connection with or involvement in anti-social forces, etc., such as helping or taking part in maintaining, operating or managing anti-social forces, etc. through the provision of funds
When the user otherwise violates the provisions of these Terms of Service and Membership
Other cases we deem inappropriate for the user
Article 14 (Change and Discontinuance of this service)
We reserve the right at all times to change or discontinue the contents of this service without prior notice. We shall bear no liability for any damage caused to the user by such change or discontinuance.
Article 15 (Suspension of this Service)
We reserve the right to suspend a part or all of this service without prior notice in the cases below, and shall bear no liability for any damage caused to the user by such a suspension:
When we carry out maintenance or inspection of equipment and systems for the purpose of providing this service
When it is difficult to operate this service due to a fire, a loss of power, natural disasters or system failure, etc.
Other cases in which we deem a suspension of service unavoidable
Article 16 (Prohibited Acts)
The user shall not commit any action that falls under or is likely to fall under one or more of the items below when using this site:
If there is any damage caused to us as a result of the user having violated these Terms of Service and Membership, we shall reserve the right to claim against the user for compensation for such damage.
Article 17 (Scope of Our Responsibility and the User’s Responsibility)
We do not guarantee that the user will not incur any damage resulting from harmful programs etc., such as computer viruses, when using this site.
We do not warrant the operation of any equipment, software, communication lines or other communication environment, etc. that the user utilizes while using this site, and the user shall assume the cost and responsibility for making available and maintaining equipment, software, communication lines and other communication environment, etc. necessary for using this site.
In no event shall we bear any communication expense incurred when the user uses this site.
The user shall use this site at his/her own risk and take full responsibility for his/her actions and the consequences thereof. The user shall resolve any dispute pertaining to this site arising between the user and third parties on his/her own responsibility, and we disclaim any and all responsibility for such matters.
We shall not be liable for any losses or damage caused by compliance or non-compliance of participating member restaurants.
We shall not be obliged to pay any compensation for damages caused to the user in relation to any change to, or discontinuance or suspension of this site brought by us, or suspension of membership, or missing data or equipment failure, etc. caused by using this site, or any damage otherwise caused to the user pertaining to this site. Notwithstanding the provisions of this paragraph or others that stipulate our exemption from liability for damages, pursuant to the Consumer Contract Act or due to other grounds, even in the cases where we are liable for compensation for damages, our liability shall be limited to actual, direct and normal losses and damages suffered by the user as a result of negligent noncompliance (excluding the case of gross negligence) or any unlawful act committed by us, and shall not exceed five hundred (500) yen.
Article 18 (Effectiveness of these Terms of Service and Membership)
If any of the provisions of these Terms of Service and Membership or part thereof is held to be invalid under the Consumer Contract Law or other laws and regulations, the remaining provisions thereof, or the remaining part of the provision deemed invalid shall continue to be valid, and such provision deemed invalid or part thereof shall be modified to the extent necessary to render the same valid, and interpreted to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid provision or part thereof.
Article 19 (Transfer of Business)
In the event where we transfer the business related to this site to a third party (including transfer of business, company split or any other case where this site is transferred), we may, as part of such transfer, assign to the third party assignee the user’s contractual status, rights and obligations under these Terms of Service and Membership and information registered upon member registration or user registration and other information, and the user consents to such assignment in advance.
Article 20 (Amendment of Terms)
We reserve the right to amend these Terms of Service and Membership without obtaining prior consent or providing prior notice. If the user uses this site after such amendment, the user shall be deemed to have agreed to such amendment to the Terms.
Article 21 (Governing Law and Jurisdiction)
These Terms of Service and Membership shall be governed by the laws of Japan.
Any and all disputes arising in connection with these Terms of Service and Membership shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Enacted on June 24, 2013
Updated on November 10, 2014