Myorder Terms of Use

Myorder Co., Ltd. (hereinafter referred to as "This Company") establishes the following Terms of Use (hereinafter referred to as "These Terms") regarding the use of the service (hereinafter referred to as "Myorder") provided by This Company. Users of Myorder (hereinafter referred to as "Customers") shall agree to These Terms before using Myorder.

Furthermore, the contents of These Terms may be changed as necessary, so please refer to the latest Terms of Use when using Myorder.

1. Purpose of Myorder

Myorder is a service which was created based on the desire to have Customers enjoy dining more and with peace of mind by recommending them menu items which they really want to eat in accordance with their individual preferences.

The main purpose is utilization as a reference when eating out from information centered on the menus of dine-out restaurants.

2. Definitions

Definitions of terms used in These Terms are established in the following items.

  1. "Users" refers to all persons who use Myorder.
  2. "Registered Users" refers to persons who use Myorder after carrying out the registration procedures prescribed by This Company.
  3. "Account" refers to the account granted through the prescribed registration process to users who have reported their e-mail address and other information prescribed by This Company to This Company, and the registration of said account on This Company's servers is referred to as "Account Registration".
  4. "Password" refers to a string of letters, numerals, and symbols which was registered by the member during the registration procedures or changed after registration which is used to identify the member in question.
  5. "Registered Information" refers to information which the member has reported to This Company such as user name (nickname), e-mail address, password, nationality, gender, and age, and which This Company has registered into the Account.
  6. "Notified Information" refers to registered information and information which registered users have notified This Company of.
  7. "Acquired Information" refers to all information other than registered information and notified information which This Company has acquires relating to the User including the User's IP address, use status, history, location information, terminal used, and failed attempts at credit card payments, etc.
  8. "Information Relating to User Attributes" refers to acquired information other than Personal Information such as gender, age, nationality, previously used services, viewed pages/advertisements, time periods of use, use methods, and use environment.
  9. "Contents" refers to all information such as "menus" and other text, images, videos, and programs.
  10. "Personal Information" refers to information which can be used to identify a specific user (including information which can be easily compared with other information thereby enabling the identification of a specific user).

3. Member Registration, Withdrawal, etc.

  1. One member registration can be conducted per one individual by conducting the procedures prescribed by This Company.
  2. Members can withdraw from membership at their discretion via the procedures prescribed by This Company.
  3. This Company can invalidate the member registration when said member registration is deemed or suspected by This Company to be in violation of Clause 1 of this Article.
  4. In addition to the provisions of the preceding Clause, in cases where This Company deems that a member is in violation of or is liable to violate These Terms of Use, This ompany can cease the provision of the functions provided to the member by This Company (hereinafter referred to as "Membership functions") or invalidate the member's member registration without any advance notice to the member in question.

4. Member Information

Users of Myorder should please adhere to the following conditions when using services which require member registration.

  1. When conducting member registration with Myorder, it shall be sent from the member information registration screen provided by This Service using the format specified by This Company and through an internet connection.
  2. This Company shall approve the member as a member of This Company when the information in the above item has been sent without issue, but in cases where the applicant has violated These Terms in the past, cases where This Company deems the applicant liable to violate These Terms, or other cases where This Company deems the applicant unsuitable, This Company will not approve the application.
  3. Users shall enter member information which is true and accurate about the users themselves.
  4. Member registrations (accounts) whose registration information This Company deems not to be true and accurate can be deleted at This Company's discretion without the permission of the member.
  5. Member information registered through Myorder shall be retained by This Company whether public or private.
  6. Members shall be responsible for all actions committed under their member information and the consequences thereof regardless of whether committed by the member in question.

5. Management of E-mail Address and Password

  1. Members shall be responsible for managing their own e-mails address and passwords, and This Company shall bear no responsibility whatsoever for losses or damages incurred by members due to their registration information being inaccurate or fraudulent.
  2. When This Company confirms that an e-mail address and password entered at the time of log-in match a registered e-mail address and password via a designated method, This Company will deem said log-in to have been the genuine log-in of the member and the useto have been by the member.

6. Handling of Personal Information, etc.

This Company shall handle Personal Information acquired by This Company appropriately and in accordance with the separately stipulated "Privacy Policy".

7. Changes to Registered Information, etc.

  1. Members shall notify promptly This Company via procedures stipulated by This Company when there are changes to their registered information. When this notification is not made, This Company will handle the registered information as unchanged.
  2. When notifications, etc. from This Company are delayed, fail to arrive, or are not performed due to a failure to report changes in registered information by the member, This Company will bear no responsibility.

8. Prohibition of Transfer, etc.

Members cannot take actions such as transferring to third parties, selling, changing the name of, creating a pledge with or otherwise offering as collateral their rights to receive the provision of This Service.

9. Contact and Notifications

  1. When this company deems it necessary to contact or notify members, it shall contact or notify them by e-mail to the registered e-mail address.
  2. Except where otherwise stipulated in These Terms of Use, Users shall contact This Company using the inquiries form. This Company does not accept contact by phone or visitation.

10. Suspension of Provision of Myorder, etc.

  1. When any of the following reasons occur, This Company can temporarily suspend the provision of Myorder in whole or in part without advance notification to the User.
    1. When conducting periodic maintenance or emergency inspection on the transmission equipment, etc., used to provide Myorder
    2. When it becomes impossible to provide This Service due to fire, power outage, etc.
    3. When it becomes impossible to provide Myorder due to natural disasters such as earthquakes, eruptions, flooding, or tsunamis
    4. When it becomes impossible to provide Myorder due to wars, riots, rebellions, disturbances, labor troubles, etc.
    5. When This Company otherwise deems it necessary to temporarily suspend the provision of Myorder for operational or technical reasons
  2. When This Company deems it necessary This Company shall be able to change the contents of Myorder or suspend or discontinue the provision of Myorder at any time and without advance notice.
  3. Even when delays or suspensions of the provision of Myorder in whole or in part occur for the reasons listed in the items of Clause 1 or for other reasons, This Company shall bear no responsibility whatsoever for any damages incurred by Users or third partiesdue to this except where otherwise specified in These Terms of Use.
  4. Even in cases where This Company changes the contents of Myorder or suspends or discontinues the provision of Myorder, This Company shall bear no responsibility whatsoever to the User except where otherwise specified in These Terms of Use.

11. Maintenance of Use Environment

  1. Users shall prepare and maintain in a usable condition required communications equipment, software, and other ancillary equipment required to use Myorder at their ownexpense and under their own responsibility. Furthermore, Users shall connect to theinternet to use Myorder through a telecommunications service or telecommunications line selected at their own discretion at their own expense and under their own responsibility.
  2. Users will refer to information provided by relevant government agencies, etc., to maintain security depending on their own use environment to prevent computer viruses, unauthorized access, information leaks, etc.
  3. This Company shall not be involved in the User's use environment nor bear any responsibility whatsoever for it.

12. Principle of Self-Responsibility

  1. Users shall use This Service under their own responsibility and shall bear responsibility regarding any actions committed while using This Service and the consequences thereof.
  2. In cases where Users cause damages or losses to other users or third parties when using This Service, they shall resolve these under their own responsibility and at their own expense.

13. Prohibited Matters

The following items are prohibited matters established by This Company.

  1. Actions which violate the law or These Terms of Use
  2. Actions which cause a burden on the server beyond the act of using of This Service or actions which promote the same, and other actions which disrupt or impede the operation or provision of This Service or its use by other Users
  3. Circulation of information, equipment, software, etc. intended to remove or evade the accesscontrol functions of the server, etc.
  4. Actions which duplicate, modify, reproduce, change, revise, reverse engineer, disassemble, de-compile, translate or analyze the functions provided in This Service
  5. Actions which interfere with the operation of This Service, actions which interfere with the exchange or sharing of information led by others, and actions which damage the credit of, infringe upon the property rights of or otherwise cause losses for This Company or others
  6. Repeating identical inquiries excessively or coercing This Company to do things it has no obligation or reason to do to cause significant interference with This Company's business
  7. Use of or access to This Service for the purposes, whether in whole or in part, of conducting business activities or other commercial purposes or otherwise similar actions, or preparations for such actions, are prohibited. Use or access for other purposes such as religiousactivities or political activities is also prohibited. Furthermore, if information posted on This Service is used to make a profit, This Company shall possess the right to demand a suitable amount of said profit.
  8. If any of the following apply to a User, said User shall not be able to use This Service.
    1. Crime syndicate
    2. Crime syndicate member
    3. Crime syndicate associate member
    4. Crime syndicate affiliate company
    5. Stock-holder meeting extortionists or other political racketeering organizations or organized crime syndicates, etc.
    6. Other persons equivalent to the above items

14. Disclaimers

Myorder can be used by Users under their own responsibility. You shall be deemed to have agreed in advance to the following.

  1. Menu Information Guarantee

    This Company makes no guarantee whatsoever regarding listed menu information. We recommend that you confirm when placing an order. Furthermore, please understand that This Company shall make no compensation for and have no involvement whatsoever regarding damages, poor health, troubles between shops and users, etc. arising from the use of the listed menu information. Please contact us if the listed menu information is incorrect.

  2. Guarantee of Links

    This Company makes no guarantee whatsoever regarding websites linked by stores or sites linked by external track-back. Furthermore, please understand that This Company shall make no compensation for and have no involvement whatsoever regarding damages or troubles between shops and users, etc. occurring on linked sites.

  3. External Services

    The member acknowledges that changes in the contents or operation of external services connected with This Company or the member becoming unable to use external services in whole or in part may make it impossible to use Myorder in whole or in part. This Company shall bear no responsibility whatsoever regarding damages incurred by members in relation to external services.

  4. Map Information

    This Company makes no guarantee whatsoever regarding the map information for locations of listed restaurants. Furthermore, the map information is provided by Google Inc., and the Terms of Use and Privacy Policy established by Google Inc. apply

  5. Other

    This Company shall bear no responsibility whatsoever regarding any damages incurred by Users through the use of This Service except where stipulated in These Terms.

  6. Limitation of Liability for Damages

    The User agrees that This Company will bear no liability for any damages (all disadvantages including mental anguish, lost profits and other financial losses) arising from or relating to ① the User's use of or inability to use This Service, ② unauthorized access or unauthorized modification, ③ actions taken by other Users in This Service, ④ fraud committed by third parties, or ⑤ other matters relating to This Service.

15. Copyright, Property Rights, and Other Rights

  1. All copyrights, trademark rights, and other intellectual property rights as well as other property rights relating to the contents, individual information, trademarks, images, advertisements, designs, etc. including in Myorder belong to This Company or their rightful claimants.
  2. Myorder and all software used in relation to it include property rights which are protected by laws and ordinances regarding intellectual property rights, etc.
  3. Except in cases where the User has been granted permission to use by This Company or third parties possessing the copyrights, other intellectual property rights and other property rights, or cases where use without the permission of rights holders is allowed by law, any and all use of the Myorder or the contents of Myorder including duplication, editing, modification, posting, reproduction, public transmission, distribution, sale, provision, translation, and adaptation are prohibited.
  4. This Company shall bear no responsibility for any damages incurred by Users due to violation of the above items. Furthermore, if a User makes a profit through these actions, This Company shall possess the right to demand a suitable amount of said profit.

16. Changes to These Terms

This Company shall be able to make changes to the contents of These Terms. In such cases, This Company shall make notification on Myorder or via other methods it deems appropriate. Upon notification, said changes will come into effect and Users will be deemed to have agreed to said changes.

17. Governing Law and Jurisdiction

These Terms shall be interpreted under Japanese Law, and if the need for litigation relating to These Terms arises the Tokyo District Court shall be the exclusive agreement jurisdictional court of first instance.

Revised February 27, 2016