Terms of Use

Article 1 Definition of “User”

1. The “User” defined by Demae-can Co., Ltd. (the “Company”) means a “Member” who has accepted these Terms of Use, completed an admission procedure established by the Company and been approved of his/her registration by the Company, and a “Temporary User” who uses the service temporarily without member registration.

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

3. The Company shall grant T-point to all members according to usage amount of the service (except for certain services). If a Member agrees to these Terms of Use, he/she is deemed to agree to the “Point Service Terms of Use (Limited to Demae-can) (*for detail)” as otherwise provided by Tpoint Japan Co., Ltd. which is the operator of T-point and to the “Agreed Matters concerning Use of T-point (*for detail)” as otherwise provided by the Company. Any privilege such as T-point shall not be granted to the Temporary User.

Article 2 Application of Terms

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

Article 3 Amendment of Terms

1. The Company may be free to amend any provision 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 contents, announce thereof to the User on this Site. After the announcement of such amendment, where the User uses the service or does not take procedure of revocation of membership within the period provided by the Company, such User shall be deemed to agree 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 its use of service shall be possessed by the Company and the Company shall be responsible for the administration and protection of such 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 by the Company, in particular, the personal information of the User will be provided to the member store which contracts with the Company. In addition, the User shall agree that such privacy policy will be applied as amended if it is.

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 on 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 any third party and the Member suffers loss or damage, the Company shall not be liable for any and all of such loss or damage.

3. If membership ID, registered email address or password is lost or theft, the Member shall immediately notify thereof to the Company. If the Company receives such notification or recognizes such situation, it may suspend the use of such membership ID, registered email address or password.

4. Email address shall be registered in the Member’s responsibility and the Company shall not be liable even if any information, etc. of the Member is sent to the third party and used fraudulently due to the error in input of email address. Furthermore, if the Member causes any loss or damage on any third party due to the error in input of email address, the Member shall handle or resolve such loss or damage in its responsibility and its own expense, and the Company shall not assume any responsibility for such loss or damage.

Article 7 Sending and Receiving of Email

1. The Member shall use the email address registered in advance when he/she sends an email as the Member to the Company.

2. If the Member sends and receives email by different email address from the registered and causes any loss or damage on any third party, the Company shall not assume any responsibility for such loss or damage.

3. The Member shall accept in advance that it is impossible to stop delivery of “Important Notice” which is determined by the Company to be of especially high importance, such as notice of addition, change or stop, etc. of service, or request of valuation of 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 notice from shop or good information by sending email to the Member, and the Member shall agree to it in advance. Provided, however, that the Member desires to stop delivery of such emails in accordance with the manner of stop 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 makes an order on this Site to the member store of this Site (the “Transaction”), and the Company accepts such order information, it shall be displayed that the order is accepted on this Site and acceptance shall be completed by such display. If the transaction which is required to be approved by the member store, the acceptance shall be completed after the member store approved and sent an email of completion of acceptance.

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

Article 9-1 Posting “Star Rating & Recommendation Comment”

1. “Star Rating & Recommendation Comment” section (the “Section”) is established and managed by the Company in order to exchange the delivery related information between users and collect comment based on actual experience of utilizing this Site by the User. The User shall review and post a comment on this Section upon understanding such purpose of the Section. The post of the User will be provided to a member store or a headquarters of a Demae-can chain in respect of which a post is made with the information of nickname, title, receipt number, date of utilization and content of the order, etc. Further, it is possible that the response from a member store in respect of which a post is made or a headquarters of a chain is posted in the Section. Please note that “Star Rating & Recommendation Comment” may not be available for certain member store or a site related to Demae-can.

2. When posting is made, the comment is posted as “Star Rating & Recommendation Comment” in the Section and becomes reviewable by other User for their choice of a store or menu. However, a complaint or request of improvement to a store will only be reflected to the star rating and forwarded to a store but not be posted in the Section.

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

(1) To post a comment which deviates from the information related to the delivery service provided by the Company;

(2) To post a comment which is not based on the User’s own experience nor experience of utilizing this Site;

(3) To post for the purpose of the business or marketing;

(4) To post an untrue or false information;

(5) To post numerous contents having 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) To post contents which include harmful program or script;

(9) To send the Section any information which constitutes an infringement of intellectual property right, portrait right, privacy right, honor or other right or interest of any other User of the Section or any third party.

(10) To alter any information available in the Section;

(11) To send the Section the data which is over certain volume of data set by the Company;

(12) To act which may interfere with the management of the Section by the Company;

(13) To act which may be detrimental to the Company’s reputation;

(14) To post anything which falls under any item of the restriction concerning contents of posting provided in paragraph 4 below.

(15) Any other act which is determined to be inappropriate by the Company; or

(16) To post regarding relevant store by store related person as a User.

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

(1) Any matter which infringes the right of other person (including the Company or other Users), such as copyright, trademark right, privacy right, honor, etc.;

(2) Any matter which uses other person’s name, email address, address, telephone number or other contact information which is not supposed to be published (including, without limitation to, the cases of using in the name of User or posted contents);

(3) Any matter which appears to overawe or make threat against others;

(4) Any matter which induces and encourages rudeness, atrociousness or crime significantly to children or young people and inhibit their sound development;

(5) Any matter which violates law or regulation, or is against public policy;

(6) Any matter which is offensive for the person who access the Section; or

(7) Any other matter which 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 make any objection regarding the exercise of such 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 contents of the posted item without consent of the User, or the right to deny access or revoke membership of, or take any other necessary step aginst, the User, in case such 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 the expression which falls under (or similar to) any of the followings, it may be deleted, corrected or not be published at the Company’s discretion without notice to the User.
* complaint to the store or a comment which is determined by the support center of the Company to have a possibility to destroy the store’s image.
* description which is not based on concrete event.
* statement which is found to be false.
* expression which is determined to be emotional beyond necessity.
* expression which 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”.
Please note in advance that even if the posted item does not fall under or similar to any of the above, it may be forced to be deleted, corrected or not be published due to the circumstance of management of the Section and this Site. Inquiry to the reason for not publishing, deletion or correction may not be answered at all.

(2) The right to report to the investigating authority or take other necessary step for the third party who suffered damage from the Violation, as well as the steps in the preceding paragraph.

6. (1) The User may freely browse the posted contents according to the guidance of the screen. Provided, however, that the User shall use the posted contents on its own responsibility, agreeing that they are displayed on the User’s responsibility and the Company shall never secure (whether express or implied, the same shall apply hereinafter) the credibility, legality, safety, adequacy, instantaneity or usability of them. In addition, the Company shall not secure non-existence of any content or expression such as false information, offensive statement or demeaning message, etc. The Company shall not indemnify or be involved in any damage or trouble between the Users arising out of the contents posted on the Section.

(2) The Company shall not secure 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 damage (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 (please 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 the Temporary User.

3. The Company may, when it recognized as necessary, by presenting on this Site or the Section of the Terms of Providing (collectively, the “Site, Etc.”), amend the contents or the Terms of Providing of the Program without prior notice. 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 whole of the Program by presenting on the Site, Etc. no later than on month before.

5. The Company shall not be liable for any and all detriment or damage incurred by the Member arising from the usage, amendment of the contents 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 contents of Demae-can site in foreign language in accordance with the steps in paragraph 2. However, the User shall note that all services of Demae-can site can only be available in Japanese, and the Company does not provide service to the User in other language than The website displayed in a language other than Japanese is shown to a user for the purpose of reference only for user convenience.

2. Any content shown in language other than Japanese is a translation from Japanese by using “Google Translate” provided by Google Inc. (URL: https://translate.google.com/manager/website/).
The User can select a language other than Japanese which is listed in “language selection” dialog located upper right of this Site and by doing so, this Site will automatically be translated into a language selected by the User by accessing the said “Google Translate” 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 Chrome browser provided by Google, Inc. In order to use the translation function easier when using a browser for which “Google Translate” is not promptly available, such as Apple's Safari, we have set up a "Select language" dialog on this Site.

4. The display of a language selected by above process depends on the result of “Google Translate” and the Company shall not warrant the accuracy of the content of the translation. When it is necessary to check the content of the website after translation, a user needs to check the original website of “Demae-can” shown in Japanese. Especially, if the User needs to avoid certain food or ingredient, if there is any related explanation on the original (Japanese) Demae-can site, the User shall refer such explanation in 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 no problem in the food based on the menu or picture of the food, etc.

5. In no event shall the Company and a franchisee (a member of Demae-can) be liable for damages incurred by a user when using this translation function. Even if a user uses this translation function, no service of “Demae-can” or support is available related to this translation function in any language other than Japanese. Also, it is not guaranteed that a franchisee (a member of Demae-can), a delivery person or a person in an inquiry counter, etc., can communicate in a language other than Japanese.

6. “Demae-can” site is the service available only in Japan, and cannot be utilized from overseas. Also, 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 any improper use is recognized

When any improper use of “Demae-can” site (which means any conduct provided in Article 12, 13 and 19) is recognized, the Company may provide the information of the Customer who commits such conduct to the administrator of the Demae-can related site and other related site to whom the Company entrusts the administration of the Site.

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

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

Article 12 Prohibited acts and deletion of the Member registration and cessation 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 such case, the Member ID and order history of the User is also deleted and such information cannot be restored. The Company shall not be liable for any damage even if the User suffers any damage due to any action taken by the Company as provided in this Article.

1. Entry of false information at the time of the Member registration and utilization of the service

2. Any act which would offend or cause the disadvantage of the Company, other Member or any third party including the distribution of spam or libelous emails, posting a comment to a forum administered by other company

3. Any act which interferes the service or operation of this Site including hacking to the system and other attacking act to this Site

4. Misuse of the qualification of the Member for the business purpose

5. Any act which is against the public policy

6. Any illegal act

7. Unauthorized copying or redistribution of the article, project, content of posting, etc. of this Site

8. Unauthorized use of an email address, Member ID or password of a Member of any third party

9. Any act to interfere the business of a member store or the Company

10. Becoming a registered email address or telephone number 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 the damage or loss to a third party by the usage of this Site, the User shall handle and solve such damage or loss at the responsibility and cost of the User itself, and the Company shall not owe any liability to such damage or loss.

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

3. In the case where the service agreement between the Company and the User is classified as consumer contract as provided in Article 2, Paragraph 3 of the Consumer Contract Act, the clause which exempts full liability of the Company shall not apply to such User and when the damage suffered by the User as provided 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 of the User.

Article 14 Use of the obtained information

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

Article 15 Copyright

1. All copyright in this site (including the rights provided 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 illustration and photos, sentence (However, the copyright related to the information about the store, menu, photo date, etc. displayed in the website of relevant member store will belong to each member store). Unauthorized use such as copying or redistributing the content of this Site without prior written consent of the Company shall infringe the copyright of the Company and the Company is entitled to claim the penalty and damage arising out of the infringement of the Copyright.

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

2.The Company shall not be liable for any disadvantage or damage of the User in the case provided in the preceding paragraph.

Article 17 Cessation and suspension of the service

The Company may cease or suspend the provision of all or a part of the service without any 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 emergency

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

3. When the Company consider that it is difficult to provide the service in this Site due to other unexpected reason

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 any 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 said business. The User shall be deemed to grant a consent to such transfer, etc. in advance. The transfer of business provided 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 make 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 which was already registered by the User. The User hereby agrees that there is a possibility that an email sent by the Company to a registered email may, irrespective of the reason, be failed to be sent, delayed or not received in advance. The Company shall not be liable for any damage suffered by the User due to the failure to receive an email by the User.

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

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

4. The deal between a member store and the User shall be made only between the User and a member store. Therefore, when any trouble arises with respect to the deal, such problem shall be solved between the User and a member store.

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 message or data of the User, cancellation of the member registration of the User, cancel of an order, deletion of the date utilized by the User, breakdown or damage of an equipment or other 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 damage suffered by the User due to the transmission of the information including computer virus or other harmful computer program.

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

Article 20 Governing Law and Jurisdiction

The governing law of these Terms of Use shall be Japanese 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 inconsistency between these Terms of Use and the Japanese version, the Japanese version shall have the preference and control the content of the agreement between the Company and the User.

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