1. OMAKASE
  2. Terms

Terms of Use

A terms of use (hereinafter referred to as "this Terms of Use") of this reservation service OMAKASE sets forth the offering terms and conditions concerning the reservation service (hereinafter referred to as "this Service") that OMAKASE, Co., Ltd.. (hereinafter referred to as "our Company") offers, and set forth the rights and obligations relationship between our Company and the user (hereinafter referred to as "the User") of this Service.
It is necessary to agree with this Terms of Use after having read whole text of this Terms of Use upon the utilization of this Service. In the case that this Terms of Use is not consented, this Service may not be used.

Article 1 (Purpose and Application)

  • 1 This Terms of Use aims to define the relationship of rights and obligations between our Company and the User concerning the conditions of furnishing this Service and the utilization of this Service and this Terms of Use is applicable to any and all relationships for the utilization of this Service between our Company and the User. Also, this Terms of Use is applicable to all the Users.
  • 2 This Service indicates the cancellation regulation, the usage of this Service and the matter that the User should be careful besides this Terms of Use. There are also the regulations that are agreed separately between our Company and the User and that are delivered by our Company. These regulations shall also consist of the part of this Terms of Use substantially.
  • 3 At the timing the Person who would like to use this Service (hereinafter referred to as the "the Person who would like to use") registers as a member in this Website, the person becomes the User as the person who agrees with this Terms of Use, and a contract of use of this Service shall be established between the User and our Company in accordance with this Terms of Use.
  • 4 The Users shall use this Service in accordance with this Terms of Use and the User may not use this Service unless the User agrees with this Terms of Use.　

Article 2 (Definitions)

  • The definition of terms in this Terms of Use shall be as follows unless otherwise specified:
    • (1) This Terms of Use means the terms of use of the reservation service OMAKASE;
    • (2) Our Company means GMO OMAKASE, Inc.;
    • (3) This Website means the website that GMO OMAKASE, Inc. operates;
    • (4) This Service means the service that is provided by the website our Company operates;
    • (5) Registration means to register an account our Company sets forth input by the User;
    • (6) The Listed Restaurant means the restaurant that is listed on this Website registered an account;
    • (7) Registered Person means the person who registers account other than the Listed Restaurant;
    • (8) The User means the Listed Restaurant and Registered Person that use this Service;
    • (9) Intellectual Property Rights means the intellectual property right and other related rights of industrial right of patent right and trademark, and copyright (including the rights that set forth in article 27 and 28 of the Copyright Act); and
    • (10) Confidential Information means personal information, customer information, corporation information and any other all information.

Article 3 (The Substance of this Service)

  • 1 This Service provides the following service regarding the reservation to the restaurant that is listed in this Website registered an account in the way set forth in Article 4 (hereinafter referred to as "the Listed Restaurant").
    • (1) Management of reservation: This Service has various reservation management functions, for instance, reservation management in the calendar, delivery of vacant seat(s) information in automatic setting when vacant seat(s) come out, allergy information, a function of notice in advance to the person who registers particular requests.
    • (2) Collection of cancellation charge: The Listed Restaurant sets a cancellation charge. When the person who reserves the Listed Restaurant and cancels the reservation, our Company collects the cancellation charge in accordance with the cancellation regulation and passes to the Listed Restaurant.
    • (3) Management of customer information: This Service has making reservations, delivery of vacant seat(s) information, and making a settlement in advance.
    • (4) Other services that are incidental or related previous all items.
  • 2 The substance of the registration of the Listed Restaurant is set forth under the discussion between our Company and the Listed Restaurant.
  • 3 This Service contains the service of making a reservation and doing shopping goods the Listed Restaurant provides for the person who registers an account in the way set forth in Article 5 except for the Listed Restaurant ("the Person who registers").
  • 4 The specific substance of this Service sets forth in this Website.

Article 4 (Registration of Listed Restaurants)

  • 1 The restaurant that would like to list in this Website (hereinafter referred to as "the Restaurant that would like to list") is required to register information that our Company indicates when the Restaurant that would like to list in the beginning of using this Service.
  • 2 It is required to notice mail address, password and name to our Company in the way that our Company sets forth in the registration application of the preceding paragraph. It is not allowed false applications.
  • 3 Propriety of the registration of the restaurant that would like to list depends on the registration examination by the judgement of our Company. The timing of sending the notice of registration completion from our Company is the completion of the registration and the Restaurant that would like to list becomes the Listed Restaurant.
  • 4 The Listed Restaurant is required to modify information of the Listed Restaurant in the way that our Company sets forth when the registration substance of the Listed Restaurant is modified. Our Company does not take any liability even if the Listed Restaurant suffers disadvantages when the Listed Restaurant does not modify the registration substance.
  • 5 There may be the case that our Company does not approve the registration of the Restaurant that would like to list as a result of the registration examination. And, there may be the case that our Company cancels the registration when unsuitable matters for registration are found afterward.
  • 6 Our Company has no obligation to disclose the reasons to the Restaurant that would like to list or the Listed Restaurant in the case of the preceding paragraph.
  • 7 The separate contract shall supersede when there is a different regulation with a regulation of this Terms of Use regarding the matter of the separate contract between our Company and the Listed Restaurant.

Article 5 (Registration of the Person who Registers)

  • 1 The person who would like to make a reservation other than restaurants (hereinafter referred to as "the Person who would like to register") is required to register information that our Company sets forth when the Person who would like to register in this Website.
  • 2 An application of registration of the preceding paragraph is conducted through the notice of name, mail address, password and information of credit card from the Person who would like to register in the way that our Company sets forth in this Website. It is not allowed false applications.
  • 3 Propriety of the registration of the Person who would like to register depends on the registration examination by the judgement of our Company. The timing of sending the notice of registration completion from our Company is the completion of the registration and the Person who would like to register becomes the Person who registers.
  • 4 The Person who registers is required to modify information of the Person who registers in the way that our Company sets forth when the registration contents of the Person who registers are modified. Our Company does not take any liability even if the Person who registers suffers disadvantages when the Person who registers does not modify the registration contents.
  • 5 There may be the case that our Company does not approve the registration of the Person who would like to register as a result of the registration examination or when the following items are applicable. And, there may be the case that our Company cancels the registration and withdraws the Person who registers when unsuitable matters for registration are found afterward.
    • (1) When there are false, errors, omissions in all or part of the registration matters that are provided to our Company;
    • (2) When the Person who would like to register or the Person who registers is a legal person;
    • (3) When the Person who would like to register or the Person who registers is a minor;
    • (4) When the Person who would like to register or the Person who registers is an adult ward, a person curatorship, or a person under assistance and there is no consent from a guardian, curator or assistant;
    • (5) When same person registers plural accounts or the same person tries to register;
    • (6) When the Person who would like to register or the Person who registers is a member of antisocial forces (gang, a member of gang, right-wing organization, person involving in gang, extortionist, any equivalent person) or our Company judges that there is something interchange or participation with antisocial forces by maintaining, operating, cooperating management, and participating antisocial forces though providing capital or other;
    • (7) When the Person who would like to register or the Person who registers received measures of non-approval of member registration, deletion of an account or disposition of withdrawal or s/he receives such measures in this Service, when the Person who would like to register or the Person who registers does not comply with this Terms of Use and the usage that our Company stipulates, or when s/he might not comply with; or
    • (8) When our Company judges the Person who would like to register or the Person who registers is not adequate.
  • 6 Our Company has no obligation to disclose the reasons to the Person who would like to register or the Person who registers in the case of the preceding paragraph.

Article 6-1 (Paid Members Registration)

  • 1 The person who would like to register a paid member in the Person who registers of the preceding Article shall apply paid members in the way that our Company sets forth. When our Company judges that the offer meets the criteria that our Company sets forth separately and approves registration of paid members, such applicant becomes a paid member. Charge of use of paid members and substance of service are described in this Website.
  • 2 Also, the paragraph 2 to 6 of preceding Article shall apply mutatis mutandis to paid members.

Article 6-2 (Reservation for paid members)

Registering as a paid member does not guarantee a reservation at a particular restaurant.

Article 6-3 (Prohibited Matters for Paying Members, etc.)

  • 1 In the event that there is a report from a store or a third party that a paid member is in violation of the prohibitions stipulated in Article 13, or in the event that the company deems that a paid member is in violation, the company may cancel the registration of the paid member.
  • 2 In the event of a no-show, or repeated cancellation of reservations, etc., for a reserved seat acquired by a paying member based on his/her qualification as a paying member, the Company may, at its discretion, cancel the registration of said paying member according to the content, frequency, degree, etc.
  • 3 In the case of the preceding two paragraphs, the Company is not obligated to disclose the reasons to paying members and other users.

Article 6-4 (Membership fee for paying members)

The payment method of membership fee for paid members shall be as described on the Company's website, and the membership fee shall accrue in units of one month or one year, starting from the date of application. The membership fee shall be charged on a monthly or yearly basis, starting from the date of application. Even if a paid membership is cancelled before the expiration date, the membership fee for the remaining period shall not be refunded (neither shall it be refunded on a monthly or daily basis).

Article 6-5 (Screening and invitation of paid members)

Some paid members may join upon screening and invitation, and we are not obligated to disclose anything related to the screening process. We are not obligated to disclose any information related to the screening process. We also cannot respond to recommendations or requests.

Article 7 (Rights and Obligations)

  • 1 The relationship of rights and obligations between our Company and the Listed Restaurant does exist only between our Company and the Listed Restaurant based on this Terms of Use and this Service.
  • 2 The relationship of rights and obligations between our Company and the Person who registers does exist only between our Company and the Person who registers based on this Terms of Use and this Service.
  • 3 The relationship of rights and obligations between the Person who registers and the Listed Restaurant does exist only between the Person who registers and the Listed Restaurant. Our Company has no relationship between the Person who registers and the Listed Restaurant.

Article 8 (The Providing Way of Registration Information)

  • 1 The User has an obligation to provide true information when the User registers his/her information regarding using this Service. When there are mistakes or modifications of registration information, the User shall modify or change registration information promptly at his/her own responsibility.
  • 2 If the User fails to modify or change registration information, and the User his/herself or other Users has some trouble, our Company has no any liabilities for such trouble.
  • 3 If the User fails to modify or change registration information, and our Company cannot contact the User for this reason, the contact deems to have arrived at the time such contact should normally have arrived.
  • 4 When the User are requested to provide materials to prove registration information from our Company, the User shall comply with the request promptly.

Article 9 (Management of Password)

  • 1 The User shall manage carefully his/her ID and password that registered by him/herself at his/her own risk, not to have leaked to third-party. Our Company deems to take the User uses this Service as a holder of the account when ID and password that the User inputs match those of the User.
  • 2 The responsibility of activities through using ID and password deems the responsibility of the Person who registers holding the ID. Our Company has no any liabilities for losses caused by insufficient management of ID, password and account of the User.
  • 3 When ID and password of the User are used caused by activities from third-party such as hacking, the User shall deal with at his/her own responsibility. Our Company has no any liabilities.
  • 4 In case ID of the User are used without permission or ID and password are leaked to third-party, please contact our Company and follow our Company's instructions.

Article 10 (Establishment of Reservation)

  • 1 When the Person who registers offers a reservation to the Listed Restaurant according to the way that this Website's stipulation in this Website, and our Company sends a confirmation mail of the reservation, the Listed Restaurant deems to accept the reservation, and the contract of reservation or the sales contract is established between the Person who registers and the Listed Restaurant.
  • 2 The procedures of the cancel or change of the contract of reservation or sales shall be conducted through this system regarding this Service when such procedures are necessary.
  • 3 The Person who registers may cancel the reservation (excluding sales) within the term that the Listed Restaurant stipulates and indicates in this Website. The matters of cancellation charge or the cancellation are complied with the policies of the cancellation. These policies of the cancellation have effect only between the Person who registers and the Listed Restaurant.
  • 4 The Person who registers may be collected the cancellation charge from the Listed Restaurant through this system according to the procedures that are set forth in this Service when the Person who registers cancels the reservation.
  • 5 The Listed Restaurant and The Person who registers shall be directly settled with respect to an issue concerning the reservation or the sale. Our Company does not have any liabilities for the issue except for the furnishing of this Service (the setting substance of the cancellation charge, an amount, a defect, trouble in the restaurant, and damages, etc.).　
  • 6 Reservations made by lottery shall also be subject to the terms of this Article and other articles. In addition, since the winners of lottery reservations are selected randomly by computer, the Company is not obligated to disclose the specific details and methods of the lottery to users and paying members.

Article 11 (The Charge for Use)

  • 1 The Listed Restaurant shall pay the charge for use that are agreed with our Company when the Listed Restaurant uses this Service.
  • 2 The Person who registers shall pay the charge for the reservation that are set forth in this Website and the charge for use of other service that are set forth separately.
  • 3 The way of payment of 11.1 and 11.2 are complied with the stipulation of this Website.
  • 4 The User has the obligation to pay the charge for use immediately to our Company when the User delays the payment of the charge for use that are set forth in 11.1 and 11.2.

Article 12 (Utilizations of Registration Information)

  • 1 Our Company handles the information that is collected from the User in accordance with the privacy policy that our Company sets forth separately with respect to a utilization of registration information and this Service appropriately.
  • 2 The Person who registers shall agree that a part of the User information (name, e-mail address, phone number (country code), the date of birth, sex, language, the office, the residence area as provided in the privacy policy Article 3, and information that the User inputs into the input form that our Company sets forth (name of receipts, allergy information, favorite food, unfavorite food, the amount of food, favorite liquor and the like) is disclosed to the Listed Restaurant beforehand.

Article 13 (Usage and Prohibited Matter)

  • 1 Please use this Service complying with Civil Code, Commercial Code, Act on Protection of Computer Personal Information, Copyright Act and other laws and regulations in accordance with this Terms of Use.
  • 2 When the User uses this Service, the User shall neither act the following items nor make third-party act:
    • (1) The act in violation of this Terms of Use and regulations that are listed in this Website;
    • (2) The act to use this Service via someone other or third party services such as reservation agents (except in the case our Company admits in advance);
    • (3) The act in violation of the laws and regulations or the act that might be violated;
    • (4) The act to conduct false applications;
    • (5) The act of fraudulence or threat, act of infringement for intellectual property rights, a right of likeness, a right of privacy, reputation, the other rights or profit, act of disadvantage, damage, discomfort such as slander, or act to infringe or provoke to infringe the rights of third-party, or insincere act to our Company or the User of this Service;
    • (6) The act to put an excessive burden on the network or the system of this Service;
    • (7) The act that our Company judges that an obstruction to this Service or the server such as fraudulent access to our Company's network or trial fraudulent access;
    • (8) The act that might obstruct operation of this Service;
    • (9) The act that the same User uses plural accounts, the act that the User pretends to be the third-party, and the act that the User uses the ID of other users or a password of this Service;
    • (10) The act to provide benefit to antisocial power and the act to relate to antisocial power;
    • (11) The act against policy of law;
    • (12) The act to provoke previous items directly or indirectly or to facilitate; and
    • (13) Resale of the reserved seat, failure to show up in person, or showing up in person as the agent of the person who made the reservation. If the reservation is not made in person, or if the reservation is made by someone other than the person making the reservation, the reservation will be cancelled on the day of the reservation.
    • (14) Disclosing your login ID to any third party, including other companies' websites, programs, or individuals, in order to perform or cause any action other than the operation by the store or user themselves.
    • (15) Acts that the Company deems to be interference with the Service or the server, such as attempts to log in or access the Service by automatic control, bots, tools, or programs.
    • (16) The act that conforms previous each item and that our Company judges inappropriate
  • 3 In the event that the Company receives a report from a restaurant or a third party that a User is in violation of the prohibitions set forth in the preceding paragraph, or in the event that the Company determines that a User is in violation of the prohibitions set forth in the preceding paragraph, the Company may, in accordance with the provisions of Article 14, suspend or terminate the provision of this service to the User, delete the registration, or delete the data on the Company's server. The Company shall not be liable for any damages incurred by the User as a result of such action. The Company shall not be liable for any damages incurred by the User as a result of such action.
  • 4 Even if the User violates such a prohibited matter, the relations of rights occurring through this Service such as the reservation or the sale that is already conducted become effective in principle except as our Company denies the effect. In this case, the User may not insist on the invalidity of the effect with respect to the said rightful legal relations.　

Article 14 (Change, Addition, Suspension and Interruption of This Service)

  • 1 Our Company may change, add, suspend or interrupt all or a part of this Service without prior notice to the User if an event falls under any of the following:
    • (1) The event that our Company inspects and maintains the computer system of this Service regularly or urgently;
    • (2) The event that the computer and communication line cost an excessive load by excessive access or unforeseen factors, and the event of system error or causing some trouble in this Website;
    • (3) The event that it is necessary to maintain and conserve information of the User;
    • (4) The event that our Company cannot operate by reasons for force majeure such as earthquakes, lightning and thunder, fire, hacking, computer virus intrusion, storm and flood damage, the interruption of electric supply, act of God, unforeseen accident, war, dispute, civil commotion, epidemic, embargo, strike, disorder, industrial strike, the impossibility of supplies transportation chain, and the intermediation by the government authority;
    • (5) The event that telecommunications carriers suspend the service; or
    • (6) The event the operation of this Service is suspended by laws and regulations or the conforming measure.
  • 2 Our Company may change, add, suspends or interrupt all or a part of this Service at our Company's discretion by prior notice to the User in the listing in the Website or in the way our Company deems appropriate even if an event does not correspond to the preceding paragraph.
  • 3 Our Company does not have any liabilities for damage occurring to the User by the measures from our Company in accordance with this Article. Provided, however, our Company returns the charge that our Company receives the portion of the payment after the termination of the Service when our Company terminates all of this Services permanently.

Article 15 (Attribution of the Rights)

  • 1 Any of the intellectual property rights concerning this Service shall attribute to our Company, and the utilization permission of this Service under this Terms of Use shall not mean the permission of utilization of our Company's intellectual property rights concerning this Service.
  • 2 The User shall represent and warrant to our Company that the User has the legitimate rights with respect to matters of the registration and transmitting by him/herself, that the registration data does not infringe the rights of third-party.
  • 3 The User shall agree not to exercise moral rights to our Company.
  • 4 Even if trademark and logo mark are displayed in this Website, our Company shall neither assign said trademark, logo mark to the User and third-party nor grant to use.
  • 5 Our Company does not have any liabilities in case of causing some trouble related to intellectual property rights of this Website or this Service.

Article 16 (Damages)

  • 1 With respect to violating acts of this Terms of Use and utilization of this Service by the User, the User shall compensate our Company for any damages (including attorney fee) if direct or indirect damages occur in our Company (including a case that our Company receives a claim for damages and the like from third-party caused by such acts).
  • 2 If the User causes a dispute by and between third-party with respect to this Website and this Service, the User shall settle this dispute at his/her own responsibility and costs, and our Company does not have any relations and any liabilities for this matter.
  • 3 With respect to the utilization of this Service, our Company does not have any liabilities for the damage that the User suffers. Provided, however, our Company shall be liable to compensate the User for only direct and normal damage (the damage that has direct causal relationship with default or a tort in charge for use that is set forth in Article 11) under the condition that the utilization contract applies to the consumer contract under the part of Consumer Contract Act, and that our Company bears liability for damages based on default or the tort with respect to a utilization of this Service.
    In addition, our Company does not have liabilities for damages that are caused by special circumstances (including the damage that is foreseen and foreseeable).
  • 4 Our Company shall not be liable for damages of the reasons not attributable to our Company such as act of God (the reasons that are set forth in 14.1.(4)).
  • 5 Concerning the trouble of skimming act by third-party of credit card information and the trouble of appropriation act, the User shall settle the trouble with the credit card company directly, and our Company does not have any liabilities for this matter. (日本語での項番修正が必要と思われます。)

Article 17 (Disclaimer of Warranty and Discharge)

  • 1 The User shall prepare for the computer, the communication environment and other media that are necessary to use this Service by own expenses and responsibility.　
    Also, our Company neither warrant that this Website works normally in the media that the User prepares and nor warrant fitness for particular purpose of the User, accuracy, usefulness concerning any information that is provided through this Service, no malfunction such as defects of security, an error, a bug, the virus, or no infringement of third-party.
  • 2 The User shall back up contents at his/her responsibility, and our Company shall not assume an obligation to back up the contents.　
  • 3 Our Company does not warrant that this Service supports all mediums and terminals. The User shall agree that there is a possibility of malfunction of working this Service by updates of the OS of media and the terminal for a utilization of this Service beforehand.　
    Our Company does not warrant that the said malfunction is dissolved when the malfunction has occurred.
  • 4 Our Company does not warrant that the reservation and the sale of the Listed Restaurant are established to the Person who registers. Our Company does not have any liabilities when the Person who registers may not reserve the Listed Restaurant or date and time that the Person who registers would like to reserve.　

Article 18 (Procedure of Withdrawal)

  • 1 The Person who registers may follow the withdraw procedure by the method that is set forth in the regulations of this Website only when the Person who registers terminates the performance of the reservation contract and sales contract that have already been established.
  • 2 Please make sure our Company shall not refund the payment that is already paid prior to the withdrawal procedure of the preceding paragraph.
  • 3 If the User has payment of debt to our Company in the procedure of withdrawal of 18.1, the User shall make the payment of debt immediately.
  • 4 Regardless of the reasons for deleting an account by mistakes, please make sure that the User may not use information accumulated for this Service if the User withdraws. Our Company assumes no responsibility for this matter.　
  • 5 When the User would like to register again, the User is necessary to register again in accordance with the provisions from Article 4 to Article 6. The User shall consent that prior data is not succeeded upon a second registration procedure beforehand.

Article 19 (Deletion of Registration)

  • 1 Our Company may stop the utilization of this Service temporarily or terminate the utilization of contract of this Service by deleting the registration as the User (deletion of an account) without making any prior notice and demand when our Company judges that the said User corresponds to either circumstances of the following items or it has possibility of the corresponding. Also, the Listed Restaurant may terminate the reservation contract or sales contract when the User corresponds the following reasons unilaterally. Our Company shall not take any obligations of the disclosure with respect to the reason of the deregistration.　
    • (1) If the User violates this Terms of Use;
    • (2) If it is found that there is the circumstance that should not be approved the registration during an application for registration stage such as there was a false in the registration contents;
    • (3) If there is the delay or suspension of the payment of use that is set forth in 11.2, if there is the delay or suspension of the payment of cancellation charge that set forth in 10.4 for the Listed Restaurant, or if there is a petition of provisional seizure, seizure, sale by official auction, a commencement of bankruptcy proceedings, civil affairs rehabilitation proceedings commencement, corporate reorganization procedure commencement, the special liquidation commencement or there is a procedure petition for commencement to be similar to these;
    • (4) If a settlement of utilization charge that is set forth in 11.2 or a settlement of cancellation charge that is set forth in 10.4 with respect to the credit card or bank account designated as the means of payment settlement cannot be made and if the said credit card and the utilization of the bank account are suspended;
    • (5) If the payment notification such as outstanding cancellation charge of the existing occurrence is not responded within one (1) week;
    • (6) If disposition by suspension of business of the bill exchange office is received;
    • (7) If coercive collection of the taxes and public dues is received;
    • (8) If it becomes dissolution (except for the case by the merger), if it commenced liquidation and if all of business is assigned to third-party;
    • (9) If it received punishments such as suspension of business or cancellation of the business or the registration from the competent authority;
    • (10) If the utilization of this Service is absent more than six (6) months;
    • (11) If a reply of an inquiry or communication from our Company is absent more than thirty (30) days;
    • (12) If our Company judges that it is difficult to maintain the contractual relationship between our Company and the User such as the case of losing fiduciary relation; or
    • (13) If the circumstances that are difficult to continue this Terms of Use that are equivalent to each previous item or individual contract occurs.
  • 2 If it corresponds to the circumstances of preceding paragraph items, the User loses benefit of term with respect to debt to our Company justifiably, and the User shall pay all of debt immediately to our Company.
  • 3 Our Company may hold and use information that the said User provides for our Company after deletion of account and other information of the User.
  • 4 Our Company does not have any liabilities for disadvantage and damage occurring to the User by the measure that our Company takes based on this Article.

Article 20 (Confidentiality)

The User shall deal with Confidential Information disclosed or provided from our Company with respect to the utilization of this Service with due care. The User shall neither use Confidential Information other than the purpose of this Service, or nor disclose or provide for third-party with Confidential Information without the consent of the other party in writing in advance.

Article 21 (Collection, Analysis and Dealing of Information concerning the User)

  • 1 Our Company may use registration information, terminal information and the information concerning the Users to use delivery of information and the statistics that our Company makes or to provide for third-party with the form that a person is not identified.
  • 2 Our Company offers the registration information of the Person who registers to the Listed Restaurant for the purpose of reservation management in the character of this Service. The Listed Restaurant shall not use this information other than the purpose that is set forth in own privacy policy.
  • 3 Our Company collects utilization information of this Service using information collection modules such as Cookie in order to grasp utilization conditions of this Service. Please refer to terms of use or a privacy policy of each provider for these information collection modules.
  • 4 Our Company does not have any liabilities for damages resulting from the use of information collection modules such as Cookie.
  • 5 When the person who lives in each EU member state and who applies to the GDPR inquires with respect to the policy on GDPR, please refer from this link Also, the person may file a complaint against the competent authority when the response is not conducted appropriately.

Article 22 (Effective Term)

  • 1 This Terms of Use is applicable to all Users during the period of use of the User.
  • 2 Article 4 to Article 29 shall survive the effect even after deregistration of the User.

Article 23 (Abatement of the Antisocial Power)

  • Our Company and the User shall represent and warrant that our Company and the User correspond to none of the following items for the present and future:
    • (1) The matter of corresponding to antisocial power;
    • (2) The matter of having a relationship admitted that antisocial power controls management;
    • (3) The matter of having a relationship admitted that antisocial power participates in management substantially;
    • (4) The matter of having a relationship admitted that making use of antisocial power for the purpose of seeking fraudulent profits for him/herself or third-party or the purpose of intent to do harm to third-party;
    • (5) The matter of having a relationship admitted that it has connections with antisocial power such as providing with capital or conducting convenience to antisocial power;
    • (6) The matter that officers or a person participating in management substantially have relationship with antisocial power that should be criticized socially;
    • (7) The matter that conducting degrading creditworthiness or interfere with business of another person by violent requirements, a threatening behavior, empty claim beyond the legal responsibility, spread of rumor, fraudulent means, and power through him/herself or third-party
  • 2 If our Company or the User finds that other party violates the representation and warranties of the preceding paragraph and that corresponds to each item of the preceding paragraph, our Company or the User may terminate all of the contracts concerning this Service and may claim compensation for damages that are suffered immediately without making a notice.

Article 24 (Assignment of the Rights and the Position)

The User shall not assign (including comprehensive succession by merger or company split), sublease, secure collateral or dispose any rights, any obligations and any or portions of positions concerning this Service to third-party regardless of form without our Company's approval.

Article 25 (Re-entrustment)

Our Company may re-entrust third-party with all or a part of our Company's operations under this Terms of Use.

Article 26 (Dealings in Case of the Business Assignment)

If our Company hands over all or a part of business to third-party for this Service (including comprehensive succession by merger that our Company becomes an expired corporation or a demerged corporation or company split), our Company may assign position, the rights, obligations, information of the User and other information under the utilization contract of this Service to an assignee of said business assignment in the business assignment, and the User shall agree with this matter beforehand.

Article 27 (Revision and Change to this Terms of Use)

  • 1 Our Company may change or add the substance of this Terms of Use at any time at our Company's discretion. The Terms of Use after the change has the effect from the timing of publishing in this Website.
  • 2 When the User does not agree to this Terms of Use after the change, please suspend the utilization of this Service and withdraw immediately. When the User continues the utilization of this Service after the change of this Terms of Use, the said User is deemed to agree with this Terms of Use after the change. The User shall use this Service with confirming the latest substance of this Terms of Use at his/her own responsibility.

Article 28 (Discussion Settlement)

If there is any matter not stipulated in this Terms of Use or any doubt concerning interpretation of this Terms of Use, our Company and the User shall discuss according to fair and equitable principle each other, and our Company and the User settle the matter or the doubt promptly.

Article 29 (Governing law and Jurisdiction)

This Terms of Use shall be governed by the laws of Japan, and Tokyo District Court or Tokyo Summary Court shall be the exclusive agreement jurisdictional court of the first instance with respect to any and all disputes due to this Terms of Use or to be related in response to amount of the case.

Article 30 (Supplementary Provisions)

The Company will change its corporate name (trade name) to "GMO OMAKASE, Inc." and the name of the Service to "OMAKASE by GMO" as of September 1, 2021. Accordingly, unless otherwise notified by the Company to users, "the Company" and "the Service Name" in the Terms of Use after September 1, 2021 shall refer to "GMO OMAKASE, Inc." and "OMAKASE by GMO.

Enactment of Term of Use 09/01/2019

Change of Terms of Use 89/19/2019

This Terms of Use is made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict between two texts, the Japanese text shall prevail.