Terms of Service
Enacted on June 24, 2013
Revised on November 10, 2014
KK VESPER (the "Company", "we", "our", "us") has adopted the following TableCheck Terms of Service and Membership ("Terms of Service and Membership") for all users including our members (collectively, the "Users"), who use websites that provide TableCheck services (the "Service") we operate and any succeeding site or related sites (collectively, the "Sites"). In order to use this site, you must agree to these Terms of Service and Membership.
1. Using This Service
1.1 The user may make a reservation request to use the services provided by us or member companies, organizations, bodies or individuals we approve ("Participating Merchants") or make a receive request to receive information distributed by Participating Merchants under these Terms of Service and Membership.
1.2 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.
2. Member Registration
2.1 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.
3. Applying for Membership
3.1 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.
3.2 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.
4. Password Management, etc.
4.1 The user is responsible for management of information, including email address, telephone number, password and reservation confirmation number ("User Password, etc."), required for the process to apply for the registration referred to in the preceding section and for using this service.
4.2 The user may not permit any third party to utilize, transfer or otherwise dispose of the user’s password, etc.
4.3 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 Merchants be liable for such damage.
4.4 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.
5. Receiving Emails, etc.
5.1 The user shall agree to receive emails and mobile phone text messages (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.
5.2 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 Merchants.
5.3 Where the user wishes to receive emails with information that Participating Merchants 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.
5.4 We shall assume no responsibility whatsoever for the contents of the email information, etc. referred to in the preceding paragraph or its delivery methods.
5.5 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.
5.6 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.
6. Change in the Matters Notified
6.1 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.
6.2 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.
7. Completion of Reservations
7.1 The user may make reservation requests to Participating Merchants using this service, and upon acceptance by the Participating Merchants, we shall notify the user of reservation completion via email or other contact methods.
7.3 The user guarantees that his/her name, telephone number, email address, credit card number and other necessary information supplied to us or Participating Merchants when using this service are true and authentic.
7.4 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.
8. Cancellation of Reservation Requests
8.1 The user may cancel a reservation made using this service in a way that we or Participating Merchants prescribe (a "Cancellation").
8.2 Where the details of the cancellation infringes cancellation policies set forth by Participating Merchants, the user may be obliged to pay Participating Merchants cancellation charges, etc. pursuant to said cancellation policies.
8.3 We may suspend the user license at our discretion for users who cancel reservations on several occasions.
8.4 Where the user abandons a reservation made without making a cancellation or notifying Participating Merchants 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 Merchants, the user may be obliged to pay Participating Merchants cancellation charges, etc. pursuant to said cancellation policies.
8.5 We may suspend the user license at our discretion for such users who make a cancellation without notice once or on several occasions.
8.6 The user shall warrant that the name, telephone number, email address, credit card number and other necessary information reported to us or the Participating Merchants in using this service is true and correct.
8.7 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 Merchants and the user, and we shall assume no responsibility whatsoever.8.
9. Business Information of Participating Merchants
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 Merchants. 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 Merchants.
10. Links to Third Party Websites
10.1 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.
10.2 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.
11. Handling of User Information
11.1 We use user information for the purposes listed below:
① To manage the user
② To provide this service
③ To conduct surveys and campaign plans, etc.
④ To make the member registration process easier for services that require member registration on this site and within this service
⑤ To notify matters important for operation of this site and this service
⑥ To communicate matters necessary for the improvement of this site and this service
⑦ To respond to enquiries
⑧ To develop, analyze and utilize statistical data
⑨ To carry out detection and perform obligations in compliance with agreements or laws and regulations
① When consent is obtained from the user
② When disclosure is required by laws and regulations or for the purpose of legal proceedings including criminal investigations, or inquired by a public body on reasonable grounds
③ When forwarding the user’s information to Participating Merchants for the purpose of providing this service or services, etc. that accompany this service
④ When outsourcing a part or all of the business we operate to a third party
⑤ When disclosing to a successor of our business upon succession through a merger, transfer of business or other measures
⑥ When authorized by the Act concerning Protection of Personal Information and other laws and regulations
12.1 The member may withdraw from his/her membership following procedures that we prescribe.
12.2 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.
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:
① When the user misuses or permits misuse of the user’s password, this service or this site
② When the user fails to perform his/her obligations attached to this service or this site
③ When the user falls into a state of suspension of payments or insolvency
④ 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
⑤ When there are more password input errors than we specify
⑥ When no usage of this site is recorded during a period we specify
⑦ 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
⑧ When the user otherwise violates the provisions of these Terms of Service and Membership
⑨ Other cases we deem inappropriate for the user
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.
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:
① When we carry out maintenance or inspection of equipment and systems for the purpose of providing this service
② When it is difficult to operate this service due to a fire, a loss of power, natural disasters or system failure, etc.
③ Other cases in which we deem a suspension of service unavoidable
16. Prohibited Acts
16.1 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:
① Using this site for any wrongful purpose
② Actions that infringe on our intellectual property rights, portrait rights, rights of publicity or other rights, or on those of Participating Merchants or other third parties
③ Actions that damage or undermine our trust, or violate our privacy, or damage or undermine the trust or violate the privacy of Participating Merchants or other third parties
④ Actions that may result in a crime such as fraud
⑤ Sending, providing or recommending a harmful program, etc. such as a computer virus
⑥ Tampering with or deleting our information or information of Participating Merchants and other third parties
⑦ Misappropriating equipment that belongs to us, Participating Merchants or other third parties, or impeding operation thereof
⑧ Using devices, measures or methods, such as software, for the purpose of accessing automatically to monitor this site, collect information or for other purposes, without obtaining prior written approval from us
⑨ Actions that violate laws and regulations, these Terms of Service and Membership, or public order and standards of decency
⑩ Actions that impede operation of this site
⑪ Other actions we deem inappropriate
16.2 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.
17. Scope of Our Responsibility and the User’s Responsibility
17.1 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.
17.2 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.
17.3 In no event shall we bear any communication expense incurred when the user uses this site.
17.4 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.
17.5 We shall not be liable for any losses or damage caused by compliance or non-compliance of Participating Merchants.
17.6 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.
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.
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.
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.
21. Governing Law and Jurisdiction
21.1 These Terms of Service and Membership shall be governed by the laws of Japan.
21.2 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.