(English Translation Only)
The translation below is provided for your convenience only. If there is any discrepancy between the translation in English and the original Japanese text (including due to the delay in translation), the original Japanese text takes precedence.
SavvySensei Terms and Conditions of Use
These SavvySensei Terms and Conditions of Use (these “Terms and Conditions“) set forth the terms and conditions for the use the SavvySensei service (the “Service”) provided by KUKANKEIKAKU Co., Ltd. (“Company”) to users of the Services.
Article 1 (Compliance with Terms and Conditions)
By using this Service, Users accept and agree to comply with these Terms and Conditions.
Article 2 (Definitions)
The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.
2.1 “User” means all who use this Service.
2.2 “Free Service” means the free service of this Service.
2.3 “Paid Service” means the paid service of this Service.
2.4 “Free Member” means a User who uses a Free Service.
2.5 “Paid Member” means a User who uses a Paid service.
2.6 “Registration Information” means Information registered by the User at the time of user registration, such as name, nickname, place of residence, first language, language used, experience of visiting Japan, experience / period of living in Japan, hobbies / interests, photographs / illustrations that identify the User, email address, password, gender, etc.
2.7 “Acquired Information” is all information about the User acquired by the Company except Registration Information, such as the User’s IP address, usage status, usage history, location information, terminal used, and the fact that credit card payment could not be made.
Article 3 (Paid Service)
3.1 The usage fee for the Paid Service shall be five (5) US dollars per month, and the Paid Member shall pay by credit card payment or PayPal. In addition, Company will not refund the usage fee received from Paid Member irrespective of the reason.
3.2 Notwithstanding the provisions of the preceding paragraph, the Company may change the content of Paid Service, usage fees, payment methods, etc. without obtaining the prior consent of Paid Member.
3.3 The period of Paid Service shall be three (3) months, and unless the Company and Paid Members refuse to renew, it shall be automatically renewed for three (3) months, and the same shall apply thereafter. Paid Member may not terminate the Paid Service during the Paid Service period.
Article 4 (User Registration)
4.1 To become a Paid Member, User shall register as a Paid Member specified by the Company. The User who wish to register (the “Applicant”), shall perform prescribed by the Company of the user registration application procedure.
4.2 If the Applicant completes the registration application procedure set forth in the preceding paragraph, the Company will screen the application contents, and if any of the following applies as a result of the screening of the contents, the Applicant acknowledges that the user registration may not be accepted at Company’s discretion. Even after the Company has accepted the user registration and the User has become a Paid Member, Company may withdraw Company’s consent of user registration if any of the following applies.
(1) If there is no Applicant, or if Applicant do not have the authority to apply;
(2) If the Applicant is a person who has been punished by the Company for violating Terms and Conditions in the past as stipulated in Article 14, or falls under or is likely to fall under any of the items of Article 13;
(3) If there is a false statement in the application details; or
(4) Other cases that Company deems to be inappropriate.
4.3 Paid Members shall promptly notify the Company of any changes in the application details according to the procedures specified by the Company.
Article 5 (Management of Login Information)
5.1 Paid Members shall manage the Registration Information used for logging in to this Service (“Login Information”) at their own risk and responsibility, and shall not disclose Login Information to a third party.
5.2 Paid Members shall promptly notify the Company in the event of theft of Login Information or other accidents, and shall follow the instructions of the Company.
Article 6 (Handling of Personal Information)
Article 7 (Notification and contact)
7.1 For notifications from Company to Users regarding the Services, Company may use a method that Company considers appropriate. In addition, if Company’s notification arrives at the contact information stated in the Registration Information, the User shall be deemed to have received Company’s notification.
7.2 For notifications from Users to Company regarding the Service, Users shall use the customer inquiry form available on the Service or on Company’s website, or through other means designated by Company. User may not make inquiries by telephone or visit.
Article 8 (Interruption of Provision of This Service, etc.)
8.1 The Company may cease providing all or part of the Service without any prior notice to Users in case of the occurrence of any of the following:
(1) When conducting maintenance or repair of systems;
(2) When this Service cannot be provided due to an accident such as fire, power outage, etc.;
(3) When this Service cannot be provided due to natural disasters such as earthquakes, eruptions, floods, tsunami, etc.;
(4) When this service cannot be provided due to war, turmoil, riots, mayhem, infectious diseases (including new viruses, etc.), labor disputes, etc.; or
(5) When Company determines it to be necessary, other than those set forth in items (1) through (4).
8.2 Company reserves the right to modify, at Company’s discretion, all or part of the Service as Company determines necessary anytime without any prior notice to User.
8.3 EVEN IF THE PROVISION OF ALL OR PART OF THIS SERVICE IS DELAYED OR INTERRUPTED DUE TO ANY OF THE ITEMS IN PARAGRAPH 1 OR FOR ANY OTHER REASON, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS OR THIRD PARTIES.
8.4 EVEN IF THE COMPANY CHANGES THE CONTENTS OF THIS SERVICE, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS OR THIRD PARTIES.
Article 9 (Usage Environment)
The User shall supply communication equipment, software and all other equipment and internet environment, etc. necessary for using the Services at their own responsibility and expense, and shall place these in a secure environment.
Article 10 (User’s Responsibility)
10.1 The User shall use this Service at own risk and responsibility, and responsible for all cases, including the cases described in the following items:
(1) When allergic symptoms or other injuries or illnesses occur;
(2) When cannot eat the listed food due to religious or other reasons;
(3) When an injury, illness, etc. occurs in connection with cooking or cooking preparation, etc.; and
(4) When any damage occurs due to false information contained in the posted information in this Service
10.2 When the User causes damage or disadvantage to other users, chefs, partners or other third parties (“Another Person”) the Company, User shall resolve this at own responsibility and expense and shall not cause any inconvenience to Company.
Article 11 (User Content)
11.1 By submitting, posting or uploading User’s all information and material (“User Content”) User automatically and hereby grant to Company or entity specified by the Company, worldwide, non-exclusive, assignable, royalty-free, perpetual and irrevocable license to use freely. Such use includes, copy, publicly perform, display, distribute and modify the User Content, and to prepare derivative works thereof, incorporate the User Content into other works as well as sublicense the same. Users shall not exercise their rights such as author’s moral rights with respect to the User Content in relation to the use by Company or a third party.
11.2 User shall resolve all complaints and claims arising out of or in connection with the User Content, the use / connection / agreement violation of the Service by the User, and the infringement of the rights of the User to a third party, at User’s own risk and expense.
11.3 If costs and expense (including attorney’s fees and compensation) are incurred by the Company in connection with responding to the complaints and claims set forth in the preceding paragraph, The User shall pay total amount of such costs and expense to the Company.
11.4 If Company believes that a User has violated or may violate any applicable laws or regulations or the provisions of these Terms and Conditions in relation to the User Contents, or when otherwise reasonably necessary for Company’s business, then Company reserves the right to preclude such User’s use of the Services in certain manners, such as deleting the User Contents without providing prior notice to the User.
Article 12 (Property rights regarding the content or information in this Service)
12.1 Ownerships, intellectual property rights and all other property rights regarding the content or information in this Service are reserved by Company or its licensors and no such rights whatsoever are assigned to the User under Terms and Conditions.
12.2 The User agrees that the content included in this Service includes advertisements.
Article 13 (Restricted Matters)
13.1 Users shall not any of the following acts:
(1) Acts that infringe or may infringe to infringe intellectual property rights and all other rights, portrait rights, rights to privacy, of the Company or Another Person;
(2) Acts that discriminate or slander Company or Another Person, or acts which injure Company’s or Another Person’s honor or confidence;
(3) Acts that promote violence against individuals or groups or describe content that incites discrimination based on characteristics that lead to systematic racial discrimination or alienation, such as race, ethnicity, religion, disability, age, nationality, military experience, sexual orientation, gender, and gender identity;
(4) Acts of providing information including political or religious ideas or acts of conducting political or religious advertisements, promotions, solicitations, etc.;
(5) Business activities of network business or other businesses;
(6) The act of one User holding the status of multiple registrants or the act of jointly holding the status of one registrant by multiple people;
(7) Acts that lead to the misrepresentation of Company or Another Person;
(8) Sending harmful computer programs, etc., or keeping them in a state where Company or Another Person can receive them;
(9) Acts that put a load on the server beyond the act of using this service normally, or acts that promote it, or other acts of interfering with or hindering Company’s operation of the Service or Users’ use of the Services;
(10) Acts of distributing information, devices, software, etc. for canceling or avoiding access control functions of servers, etc.;
(11) Acts of copying, modifying, reprinting, modifying, modifying, reverse engineering, disassembling, decompiling, translating or analyzing the functions provided by this Service;
(12) Acts of using all or part of this Service for commercial purposes regardless of how it is used (including acts aimed at preparing them);
(13) Acts that that may be in violation of the laws and regulations, or These Terms and Conditions;
(14) Act to interfere with the operation of this Service, the exchange of information that Another Person led or act to interfere with the sharing;
(15) Acts of causing a interfere with Company’s operations, making unreasonable inquires or undue claims such as repeatedly asking the same questions beyond what is necessary, forcing Company to have no obligation or reason;
(16) Acts that may be in violation of public order, morals or customs;
(17) Act of disclosing confidential information about Company or this Service to a third party;
(18) Acts that aid or encourage any acts stated in Clauses 13.1(1) to 13.1(17) above; and
(19) Acts other than those set forth in Clauses 13.1(1) to 13.1(18) that Company deems to be inappropriate.
13.2 If the User falls under any of the following, the User may not use this Service:
(1) A person who is an anti social forces;
(2) A person Who are using antisocial forces;
(3) A person who cooperate and is involved with the maintenance or operation of any anti social forces by providing funding to any anti social forces or any similar act;
(4) A person who is engaged in socially condemnable relationship with the anti social forces; or
(5) a person who themselves or through the use of third parties conducts a demand with violence, an unreasonable demand beyond its legal entitlement, use of intimidating words or actions, damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraudulent, or any other equivalent actions of above.
Article 14 (Cancellation of User Registration, etc.)
If Company believes that the User’s actions violate Terms and Conditions or if the User falls under the person specified in paragraph 2 of the preceding article, At Company discretion, Company may delete or change the User Content in this Service, suspend the service, cancel the user registration (including suspension of the status of the registrant), or deny access to this Service without notifying the User.
Article 15 (Usage Restrictions)
15.1 The Company may restrict the use of this Service by the User without obtaining the consent of the User in any of the following:
(1) When Company believes that there is a risk of damage to a third party related to this service due to virus infection, etc.;
(2) When Company cannot contact the user; or
(3) Cases other than those set forth in Clauses 15.1(1) to 15.1(2) that Company believes that it is reasonable to restrict the use.
15.2 THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY THE USER BEING UNABLE TO USE THE SERVICE DUE TO THE RESTRICTION OF THE USER’S USE OF THE SERVICE BASED ON THE PRECEDING PARAGRAPH.
Article 16 (NO WARRANTY, LIMITATION OF LIABILITY)
16.1 COMPANY SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES, THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE.
16.2 THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OF THIS SERVICE BY USER.
16.3 If the User causes damage to a third party by using this service, the User shall compensate for this at user’s own expense and responsibility.
16.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY THE INABILITY TO USE THIS SERVICE DUE TO PROBLEMS, ERRORS, FAILURES, RTC. THAT OCCUR IN THIS SERVICE.
16.5 IN THE CASE THAT THE AGREEMENT BETWEEN THE USER AND COMPANY WITH RESPECT TO THE USE OF THE SERVICES FALLS UNDER A CONSUMER CONTRACT AS DEFINED UNDER THE CONSUMER CONTRACT ACT OF JAPAN (“CONSUMER CONTRACT”), COMPANY WILL BE LIABLE TO PROVIDE COMPENSATION FOR DAMAGE ARISING DUE TO NEGLIGENCE ON THE PART OF COMPANY (EXCLUDING GROSS NEGLIGENCE) ARISING FROM CONTRACT OR TORT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICES RECEIVED FROM SUCH USER FOR PAID SERVICES, AT MAXIMUM.
Article 17 (No Assignment)
User may not assign, transfer or encumber in favor of a third party its status as a User of the Service or its rights or obligations arising from such status without the prior written consent of the Company.
Article 18 (Survival)
The Article of 10 (User’s Responsibility) to 13 (Restricted Matters) and 16 (NO WARRANTY, LIMITATION OF LIABILITY) to 22 (jurisdiction), and this Article (Survival) shall survive the termination or expiration of these Terms and Conditions.
Article 19 (Modification to these Terms and Conditions)
Company may modify these Terms and Conditions at any time without notifying the user in advance when COMPANY deems it to be necessary. In such case, COMPANY will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Service or on COMPANY’s website, or will publicize the same to Users by notifying Users in the manner prescribed by COMPANY. The modified version of these Terms and Conditions shall become effective as of the effective date thereof.
Article 20 (Severability)
If any provision of These Terms and Conditions is found invalid or unenforceable by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected in any way.
Article 21 (Governing law)
These Terms and Conditions shall be governed by the laws of Japan.
Article 22 (Jurisdiction)
Any conflicts between Users and COMPANY that arise from or in connection with the Service shall be resolved under the exclusive jurisdiction of the Tokyo District Court as the court of first instance.