Terms of Use

Article 1 Definition of User

1. The “User,” as defined by Demae-can Co., Ltd. (the “Company”), means a Member who has accepted these Terms of Use, completed the admission procedure established by the Company and been approved by the Company for their registration, or a temporary user who accepted these Terms of Use and uses the service temporarily without becoming a Member.

2. If the Company determines that it is inappropriate to approve a certain person as a User, it may refuse their use of the service. Even after membership approval, the Company may revoke the membership pursuant to the provision of Article 10.

3. Notwithstanding the provisions of the LINE Points Terms and Conditions of Use provided for elsewhere by LINE Corporation, all members may use all or part of their LINE Points as an available balance to make the payment of consideration, etc. in units of 100 points based on 1 yen per point (“Use of Points”). If a Member agrees to these Terms of Use, he or she is deemed to have agreed to the LINE Points Terms and Conditions of Use. Please note that the Use of Points may not be made at certain partner restaurants and that Members are advised to check the payment method of each partner restaurant on the webpage of this Service Site.

4. The terms and conditions, etc. of the Use of Points shall be as provided for in the LINE Points Terms and Conditions of Use, excluding matters stipulated in these Terms of Use.

5. The Company may award LINE Points to customers in schemes, etc. in the Service planned by the Company. If the Company implements such schemes, etc., it will publish information on the detail of each such scheme on this Service Site.

Article 2 Application of Terms

These Terms shall apply to any and all relationships with the User, provided for in Article 1, on this Site.

Article 3 Amendment of Terms

1. The Company is free to amend any provisions of the Terms, etc. (including these Terms and the rules and other provisions, etc. in relation to the services posted on this Site; the same shall apply hereafter in these Terms) without prior notice.

2. The Company shall, if it amended the Terms, etc. or service content, announce it to the User on this Site. After the announcement of the amendment, where the User uses the service or does not follow the procedure for revocation of membership within the period provided by the Company, the User shall be deemed to have agreed to the amendment of these Terms.

Article 4 Compliance with Terms of Use

The User shall be obliged to understand and comply with the Terms, etc. (including Terms, etc. as amended pursuant to the preceding article).

Article 5 Privacy

The information provided by the User upon the use of the service shall be possessed by the Company and the Company shall be responsible for the administration and protection of the information. The User shall agree in advance that the personal information of the User will be treated pursuant to the privacy policy as otherwise provided for by the Company, in particular, the personal information of the User will be provided to the partner restaurant, which is contracted with the Company. In addition, the User shall agree that the privacy policy will be applied as amended if it is amended.

Article 6 Administration of Membership ID or Registered Email Address, and Password

1. Any obligation or liability arising out of the usage of membership ID, registered email address or password shall be settled as the responsibility of and at the expense of the Member, and the Company shall assume no responsibility.

2. The Member shall be responsible for the administration of membership ID or registered email address and password. If membership ID, registered email address or password is used by a third party and the Member suffers loss or damages, the Company shall not be liable.

3. If membership ID, registered email address or password is lost or stolen, the Member shall immediately notify the Company thereof. If the Company is notified or recognizes the situation, it may suspend the use of the membership ID, registered email address or password.

4. Email address shall be registered as the Member’s responsibility and the Company shall not be liable even if any information, etc. of the Member is sent to a third party and used fraudulently due to an error in the inputting of email address. In addition, if the Member causes any loss or damages to a third party due to an error in the inputting of email address, the Member shall handle or resolve the loss or damages as its own responsibility and expense, and the Company shall not assume any responsibility for the loss or damages.

Article 7 Sending and Receiving of Email

1. The Member shall use the email address registered in advance when sending an email to the Company.

2. If the Member sends and receives email using a different email address from the registered one and causes any loss or damages to a third party, the Company shall not assume any responsibility for the loss or damages.

3. The Member shall accept in advance that it is impossible to stop delivery of an Important Notice, which is determined by the Company to be of especially high importance, such as notice of an addition, change or stoppage, etc. of service, or request of valuation of an exclusive project for the Members or service for the Members, among emails to be sent to the Member by the Company.

4. The Company may deliver a notice from a shop or value information by sending an email to the Member, and the Member shall agree to it in advance. Provided, however, that the Member desires to stop the delivery of the email in accordance with the manner of stopping the delivery described in the email, the Company shall respond to it as soon as possible.

Article 8 Acceptance of the Order Information

1. If the User places an order on this Site from a partner restaurant on this Site (the “Transaction”), and the Company accepts the order information, it shall be displayed that the order is accepted, and the acceptance shall be completed by the display. If the transaction is required to be approved by the partner restaurant, the acceptance shall be completed after the partner restaurant approved it and sent an email regarding the completion of acceptance.

2. The Company will send an email to confirm the acceptance of the registered address upon completion of the acceptance. The User shall agree in advance that there is a possibility that the acceptance completion mail may fail to be sent, be delayed or not be received, irrespective of the reason. The Company shall not be liable for any damages in relation thereto.

Article 9-1 Posting Star Rating & Recommendation Comment

1. The Star Rating & Recommendation Comment section (the “Section”) is established and managed by the Company to exchange delivery-related information between users and share information based on the actual experience of using this Site by the User. The User shall review and post a comment in this Section upon understanding the purpose of the Section. It is possible that the response from a partner restaurant in respect to a post or the headquarters of a chain is posted in the Section. Note that the Star Rating & Recommendation Comment may not be available for certain partner restaurants or a site related to Demae-can. A Temporary User is unable to post in the Star Rating & Recommendation Comment.

2. When a post is made, the comment is posted as a Star Rating & Recommendation Comment in the Section and is reviewable by other Users for choosing a store or menu.

3. When making a post, the User shall be responsible for the content of the post and shall not do any of the following:

(1) Post a comment that deviates from the information related to the delivery service provided by the Company;
(2) Post a comment that is not based on the User’s own experience or experience of using this Site;
(3) Post for the purpose of business or marketing;
(4) Post untrue or false information;
(5) Post numerous comments with the same content;
(6) Inquiry or claim concerning the service or function of this Site;
(7) Inquiry or claim concerning mistakes of posted information provided by this Site;
(8) Post content that includes harmful programs or scripts;
(9) Send the Section any information that constitutes an infringement of intellectual property rights, portrait rights, privacy rights, honor or other rights or interests of any other User of the Section or any third party.
(10) Alter any information available in the Section;
(11) Send the Section data that is over a certain volume set by the Company;
(12) Act in a way that may interfere with the management of the Section by the Company;
(13) Act in a way that may be detrimental to the Company’s reputation;
(14) Post anything that falls under any item of the restrictions concerning the content of posting provided in paragraph 4 below.
(15) Any other act that is determined to be inappropriate by the Company; or
(16) Post regarding the relevant store by a store related person as a User.

4. The User may not post any item that includes any of the following matters:

(1) Any matter that infringes on the rights of others (including the Company or other Users), such as copyrights, trademark rights, privacy rights, honor, etc.;
(2) Any matter that uses another person’s name, email address, address, telephone number or other contact information that is not supposed to be published (including, but not limited to, cases of using it in the name of the User or posted content);
(3) Any matter that appears to overstate or make a threat against others;
(4) Any matter that induces and encourages rudeness, violence or crimes to children or young people and inhibits their sound development;
(5) Any matter that violates laws or regulations, or is against public policies;
(6) Any matter that is offensive for a person who accesses the Section; or
(7) Any other matter that is determined by the Company to be inappropriate to be posted on the Section.

5. Upon management of the Section, the Company shall have the following rights and the User shall not object to the exercise of these rights. This provision shall provide for the rights of the Company and not impose the obligations on the Company.

(1) The right not to publish or correct the content of the posted item without the consent of the User, or the right to deny access or revoke membership of, or take any other necessary step against the User, in case the posted item is found to fall under any of the matters in paragraph 3 or 4 in this Article (the “Violation”).
If a posted item includes or has the potential to include an expression that falls under (or similar to) any of the following, it may be deleted, corrected or not be published at the Company’s discretion without notice to the User.
 * Description that is not based on concrete events.
 * Statement that is found to be false.
 * Expression that is determined to be emotional beyond necessity.
 * Expression that is determined by the Company to be dogmatic or assertive, such as “better not to use,” “definitely do not use,” “worst” or “couldn’t be worse.”
Note in advance that even if the posted item does not fall under or is similar to any of the above, it may be forced to be deleted, corrected or not be published due to the circumstances of management in the Section and on this Site. An inquiry on the reason for not publishing, deletion or correction may not be answered.
(2) The right to report to the investigating authority or to take other necessary steps for a third party who suffered damages from the Violation, as well as the steps in the preceding paragraph.

6. (1) The User may freely browse the posted content according to the guidance of the screen. Provided, however, that the User shall use the posted content as their own responsibility, agreeing that they are displayed as the User’s responsibility and the Company shall never guarantee (whether expressly or implied, the same shall apply hereinafter) the credibility, legality, safety, adequacy, instantaneity or usability. In addition, the Company shall not guarantee the non-existence of any content or expression, such as false information, an offensive statement or a demeaning message. The Company shall neither indemnify nor be involved in any damage or trouble between the Users arising out of the content posted in the Section.

(2) The Company shall not guarantee that; 1. no defect, error or failure arises in the system of this Site; 2. the information available in the Section is accurate; or 3. the information available in and through the Section is satisfactory to the User.
(3) The Company shall not be liable for any kind of damages (emotional distress, or monetary damage or any other detriment) arising from the use or unavailability of the Section.

Article 9-2 Regarding Demae Nyan Club

1. Demae Nyan Club is a program (the “Program”) in which privilege is granted according to the status to be set depending on the frequency of use of this Site (refer to “About Demae Nyan Club” (the “Section of the Terms of Providing”) regarding the terms of providing of the Program).

2. The Program shall apply to the Members only. It shall not apply to a Temporary User.

3. The Company may, when recognized as necessary, amend the content or the Terms of Providing of the Program without prior notice by presenting on this Site or the Section of the Terms of Providing (collectively, the “Site, Etc.”). In this case, the Company shall apply the Terms of Providing of the Program as amended.

4. The Company may interrupt or terminate a part or all of the Program by presenting on the Site, Etc. no later than one month before.

5. The Company shall not be liable for any and all detriments or damages incurred by the Member arising from the usage, amendment of the content or the Terms of Providing or interruption or termination of the Program.

Article 9-3 Display in Foreign Language by Using External Translation Tool

1. The User may display the content of the Demae-can site in a foreign language in accordance with the steps in paragraph 2. However, the User shall note that all services of the Demae-can site may only be available in Japanese, and the Company does not provide service to the User in languages other than Japanese. The website displayed in a language other than Japanese is shown to a user as a reference for the User’s convenience.

2. Any content shown in a language other than Japanese is a translation from Japanese using Google Translate, provided by Google Inc. (the “Translation Tool”). The User can select a language other than Japanese, which is listed as “Select Language” located on the left side of this Site and by doing so, this Site will automatically be translated into a language selected by the User by accessing the Translation Tool before displaying each webpage of this Site.

3. The content of the translation created by the process provided in Paragraph 2 is same as the result of the translation created by the translation function installed in the Chrome browser provided by Google, Inc. In order to facilitate use of the translation function when using a browser for which Google Translate is not available, such as Apple's Safari, we have set up a language selection dialog on this Site.

4. The display of the language selected by the process provided in Paragraph 2 depends on the Translation Tool and the Company shall not guarantee the accuracy of the translation. The content translated by the Translation Tool is reference information and it is not guaranteed to be the same as the content of the original Demae-can site in Japanese. When it is necessary to check the content of the website after the translation, the User needs to check the original website of Demae-can shown in Japanese. In particular, if the User needs to avoid certain foods or ingredients due to allergies or for religious reasons, if there is any related explanation on the original (Japanese) Demae-can site, the User shall refer the explanation on the original Demae-can site. If there is no related explanation on the original (Japanese) Demae-can site, the User needs to decide whether there is any issue with the food based on the menu or picture of the food, etc.

5. In no event shall the Company and partner restaurants be liable for damages incurred by a User when using the Translation Tool. Even if a User uses the Translation Tool, no service of Demae-can or support is available in any language other than Japanese. In addition, it is not guaranteed that a partner restaurant, a delivery person or a person in an inquiry counter can communicate in languages other than Japanese.

6. Demae-can site is a service only available in Japan and cannot be utilized from overseas. The administration of this Site shall be made pursuant to the laws of Japan.

Article 10 Handling and Disposal of the User’s Information When Improper Use Is Recognized

When improper use of the Demae-can site (which means any conduct provided in each Item in Article 12, 13 and 19) is recognized, the Company may provide the information of the relevant User to the administrator of the Demae-can related site and other related sites to whom the Company entrusts the administration of the Site.

The administrators of the Demae-can related sites and other related sites may use the information of the User received from the Company for the purpose and to the extent necessary to prevent improper use of the Demae-can related sites and other related sites.

When improper use of the Demae-can related sites and other related sites are recognized, it is possible that the information of the User is provided to the Company by the administrator of the Demae-can related sites and other related sites, and in such cases, the User may not be able to use the Demae-can site.

Article 11 Deletion of the Member Registration (Withdrawal)

The User may voluntarily withdraw from Demae-can by deleting the Member information on the webpage of this Site. Once the User’s information is deleted, the information including the Member ID and order history is also deleted and the information cannot be restored.

Article 12 Prohibited Acts and Deletion of the Member Registration and Cessation of the Use of the Service

The following acts by the User are prohibited. When it is found that the User commits any of the following acts, the Company may cancel the order, delete the Member registration and cease the provision of the service without any notice to the User. In that case, the Member ID and order history of the User are also deleted, and the information cannot be restored. The Company shall not be liable for damages even if the User suffers any damages due to actions taken by the Company as provided in this Article.

1. Entry of false information at the time of the Member registration and use of the service
2. Any act that would offend or cause disadvantage to the Company, another Member or a third party, including the distribution of spam or libelous emails, or posting a comment to a forum administered by other company
3. Any act that interferes with the service or the operation of this Site, including hacking the system and other attacks on this Site
4. Misuse of the qualifications of the Member for a business purpose
5. Any act that goes against public policy
6. Any illegal act
7. Unauthorized copying or redistribution of the article, project, content of posting on this Site
8. Unauthorized use of an email address, Member ID or password of a Member or a third party
9. Any act that interferes with the business of a partner restaurant or the Company
10. Registered email address or telephone number found to be unavailable or invalid
11. In the event that the services have not been utilized for a certain period of time
12. In any other case where the Company considers it necessary to apply this Article 12

Article 13 Liability for Damages or Loss Disposition

1. When the User causes damages or loss to a third party by the usage of this Site, the User shall be responsible for the damages or loss, and the Company shall not be liable.

2. When the User causes damages to this Site or another User due to a breach in these Terms of Use or fraudulent or illegal conduct, the Company shall be entitled to make a claim for the indemnification of the damages to the relevant User.

3. In a case where the service agreement between the Company and the User is classified as a consumer contract as provided for in Article 2, Paragraph 3 of the Consumer Contract Act, the exemption clause for full liability of the Company shall not apply to the User and when the damages suffered by the User as provided for in these Terms of Use is caused by a tort or defect liability of the Company, the Company shall owe the liability to indemnify such damage, limited to direct and general damages, of the User.

Article 14 Use of the Obtained Information

The User shall not use any information obtained from this Site for purposes other than their own purpose unless the use for other purpose is approved by the Company in advance.

Article 15 Copyright

1. All copyright on this Site (including the rights provided for in Article 27 and 28 of the Copyright Act; the same shall apply thereafter) shall belong to the Company. The objectives of the Copyright include, among others, construction of this Site, design, graphics such as illustrations and photos, and sentences (however, the copyright related to information about the store, menu, and photo date, etc. displayed on the website of relevant partner restaurants belong to each partner restaurant, including those that the Company has approval to use). Unauthorized use, such as copying or redistributing the content of this Site without prior written consent of the Company, shall infringe on the copyright of the Company and the Company is entitled to make a claim for the penalties and damages arising out of the infringement of the Copyright.

2. The copyright of any work including a post on this Site shall belong to the Company and it is prohibited for any person other than the person who made a post from copying or redistribution of all or part of the work, including a post without the consent of the Company and a person who made a post. In addition, the User cannot exercise the moral right of an author with regard to the work displayed on this Site.

Article 16 Change to the Content of this Site

1. The Company may alter the content of this Site or its service or cease to provide the service without the consent of the User.

2.The Company shall not be liable for any disadvantage or damages to the User in the case in the preceding paragraph.

Article 17 Cessation and Suspension of the Service

The Company may cease or suspend the provision of all or part of the service without the consent of the User in the following cases:

1. When it is necessary to maintain or update the network system of this Site or in the case of an emergency

2. When it is difficult to provide the service due to force majeure, such as a fire, a blackout or a natural disaster

3. When the Company considers it difficult to provide the service on this Site due to other unexpected reasons

Article 18 Transfer of These Terms of Use

In the case where the business of the Company related to the service herein is transferred to a third party, the Company may transfer, assign or create a security interest in any right or obligation under these Terms of Use and registered information and other information of the User to an assignee of the business. The User shall be deemed to have granted consent to the transfer, etc. in advance. The transfer of business provided for in this article shall include any transaction by which the business is transferred, including but not limited to, a corporate split.

Article 19 Exemption

1.When the Company is obliged to issue a notice to the User, the Company shall be deemed to fulfil its obligation by sending a notice to the telephone number or email address that was already registered by the User. The User hereby agrees in advance that there is a possibility that an email sent by the Company to a registered email may, irrespective of the reason, fail to be sent, be delayed or not be received. The Company shall not be liable for any damages suffered by the User due to a failure to receive an email by the User.

2. The Company shall not be liable for any damages suffered by the User caused by a situation where the User cannot use the service.

3. Even after the request for the service is accepted by the Company, a partner restaurant or the Company may cancel the service to the User at its discretion due to an event that makes the provision of the service difficult.

4. A deal between a partner restaurant and the User shall be made only between the User and a partner restaurant. Therefore, when any trouble arises with respect to the deal, that problem shall be solved between the User and a partner restaurant.

5. The Company shall not be liable for any damages suffered by the User in relation to the cessation or suspension of the provision of the Service by the Company, unavailability, change of this Site, deletion or disappearance of a message or data of the User, cancellation of the member registration of the User, cancel of an order, deletion of the date used by the User, breakdown or damage of equipment or another service.

6. The Company shall not be liable for any reason in relation to the data obtained from other site except for this Site even in the case where the link to the other site is placed in this Site or the link to this Site is place in the other site.

7. The Company shall not be liable for the damages suffered by the User due to the transmission of the information, including computer viruses or other harmful computer programs.

8. The Company does not warrant or guarantee the accuracy, legitimacy or usefulness of any posted information, including the information or explanation about allergens or calories.

Article 20 Governing Law and Jurisdiction

The governing law of these Terms of Use shall be Japanese law and any dispute arising out of or related to these Terms of Use shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Article 21 Language

The governing language of These Terms of Use shall be Japanese. These Terms of Use are the English translation of the original Terms of Use written in Japanese. If there is any inconsistency between these Terms of Use and the Japanese version, the Japanese version shall prevail.

トップ Terms of Use