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These terms of service (hereinafter referred to as "these terms") stipulate the rights and obligations between MealStay Co., Ltd. (hereinafter referred to as "our company") and users, as well as between users themselves, regarding the service "MealStay" (hereinafter referred to as "this service") provided by MealStay Co., Ltd. Please read the entire text of these terms and conditions and agree to all of them.
Chapter 1 Purpose of the Service and Definitions of Terms
Article 1 (Purpose of the Service)
1. The purpose of this service is to provide an opportunity to make traveling more fulfilling by matching Users with attendants who are knowledgeable about the restaurants in their travel destinations.
2. This service is not intended to provide opportunities for relationships with members of the opposite sex.
Article 2 (Definition of Terms)
The following terms shall have the following definitions:
(1) "User" refers to anyone who uses the Service.
(2) "Attendant" refers to a User who, through the Service, serves meals with a User who is traveling and plays a role in supporting the User in making the most of the User's trip.
(3) "General User" refers to users who do not fall under the category of attendants.
(4) "Gender" means, if a User is Japanese, whether the User is male or female as determined by the User's family register; if a User is not Japanese, whether the User is biologically male or female.
(5) "Male" refers to individuals who are male.
(6) "Female" refers to a person whose gender is female.
(7) “Anti-social forces, etc.” refers to any person who falls under any of the following:
A) You or a person related to you is a member of the mafia, a gang, an organized crime group, a terrorist organization, an armed group, a drug cartel, or any other criminal organization or hate speech organization, or has been a member of such organization within the past five years.
B. The person or a person related to him/her is a person who makes inappropriate use of the person listed in A.
C) The person or a person related to him/herself is a person who provides funds or convenience to the person specified in A)
D) The person or a person related to him/her has a relationship with any of the persons listed in A that is socially reprehensible.
You or a related party has engaged in or has engaged in any act of intimidation, violence or other unjust demands, defamation, libel or obstruction of business (including acts equivalent thereto) against the Operator or a related party.
(8) "Hate speech organization" refers to an organization whose purpose is to make unjust discriminatory statements or take discriminatory actions with the intention of promoting or inciting discriminatory attitudes.
(9) "Dining" means sharing a meal at a restaurant with other matched Users.
(10) "Matching" refers to an agreement made through the Service between an Attendant and another User to dine together at a restaurant on a specific date and time.
(11) “Matching Conditions” means the conditions for a meal specified at the time of the Matching application, including those set forth in each item of Article 10 (Matching), Paragraph 1, Article 7 (Attendant Registration), Paragraph 2, Item 3 (Amount of Attendant Fee Required of Users Who Have a Meal), and Paragraph 5 (Conditions Required of Users Who Have a Meal).
(12) "Attendant fee" refers to the money (including the system fee paid by the attendant to our company) paid to the attendant by a User who has a meal with the attendant as a token of gratitude.
(13) "Accompanying Person" refers to a person who accompanies an attendant to a meal.
(14) "Message" refers to the content of communication via the message function.
(15) “Message Function” refers to the function that enables users who have been matched to communicate with each other through the Service.
Chapter 2 User Registration
Article 3 (User Registration)
1. Users are required to register in advance when using this service.
2. When registering as a user, you must accurately register your nickname, gender, age group, photo, and other information requested by our company in a manner specified by our company.
3. Anyone falling under any of the following categories may not register as a user.
(1) You are under the age of 18 or a minor under the laws of your home country.
(2) A person who is an adult ward, a person under curatorship, or a person under assistance and who does not have the consent of the adult guardian, curator, or assistant.
(3) Having previously violated the terms of use of this service or any other illegal conduct in relation to the service or other services provided by our company
(4) Being a member of an antisocial force
(5) Having a criminal record (including crimes committed outside Japan)
(6) Intending to use the Service for purposes contrary to the purpose of the Service set out in Article 1 (Purpose of the Service), such as relationships with members of the opposite sex, political or religious solicitation, sales activities, or any other purpose
(7) Any other reason that is inappropriate for a user of the Service in light of the purpose of the Service set out in Article 1 (Purpose of the Service)
4. Users may not register under multiple names.
Article 4 (Cancellation of User Registration)
If a user falls under any of the following (including cases where the Company suspects that such a case exists), the Company may cancel the user's registration. In such cases, the attendant registration made by the user as an attendant will also be cancelled.
(1) If the provisions of Article 3 (User Registration) Paragraph 2 or Article 6 (Application to become an Attendant) Paragraph 2 are violated
(2) If it is discovered that any of the items in Article 3 (User Registration) Paragraph 3 apply to you (including cases where you newly fall under any of the items after completing your user registration)
(3) If you violate these Terms and Conditions
(4) When the Service is used for purposes contrary to the purpose of the Service set forth in Article 1 (Purpose of the Service), such as relationships with members of the opposite sex, political or religious solicitation, sales activities, or any other purpose.
(5) If a User causes trouble with another User and the Company determines that it is inappropriate for the User to continue using the Service
(6) Any other conduct that is inappropriate for a user of the Service in light of the purpose of the Service set out in Article 1 (Purpose of the Service)
Article 5 (Withdrawal)
1. A User may apply to the Company for withdrawal only if a match has been made with another User and there are no uncompleted business opportunities.
2. When a user cancels his/her membership, the attendant registration made by that user as an attendant will be cancelled.
Chapter 3 Attendant
Article 6 (Application to become an attendant)
1. In order to become an attendant, in addition to user registration, the User must apply to become an attendant in a manner specified by the Company.
2. When applying under the preceding paragraph, you will be required to register your real name, address, and a photograph of the identity verification document designated by our company in a complete manner in accordance with our company's specifications.
3. When we receive an application from a user as described in paragraph 1, we will review whether or not to approve the user as an attendant, taking into account the following points. We will notify the user of the results of the review.
(1) Whether there are any circumstances that give rise to suspicion that the information falls under any of the items in Article 3 (User Registration) Paragraph 3
(2) The extent to which there are existing attendants in the area in which the user wishes to act as an attendant
(3) Whether it is appropriate to allow the User to act as an attendant in light of the purpose set out in Article 1 (Purpose of the Service)
4. Even if the user is not approved as an attendant as a result of screening the user as set forth in the preceding paragraph, the reason will not be disclosed. Furthermore, the user cannot raise any objections regarding the results of the screening.
5. A User may become an Attendant if the User is recognized as such by the Company as a result of the examination under paragraph 3.
6. If any change occurs in any of the information registered pursuant to the provisions of paragraph 2, the registered contents must be promptly updated.
Article 7 (Attendant Registration)
1. Attendants may register as attendants in a manner specified by our company.
2. When registering as an attendant, you must register the following information. After completing the registration, the information will be made public on the Service along with your real name and photograph.
(1) Municipalities where dining is permitted
(2) Languages that can be used during dining sessions (A distinction must be made between languages in which one can carry out daily conversation fluently and languages in which one can carry out a certain level of conversation, although this is not yet reached.)
(3) The amount of attendant fees to be charged to Users who have participated in a meal (this amount may be specified within the range determined by the Company).
(4) Time periods during which meals can be served
(5) Requirements for users who wish to dine together
(6) Any other matters for which we request you to register
3. When registering as an attendant, in addition to the items set out in paragraph 2, you must also register the details of the financial institution account into which the attendant fee will be deposited.
4. When registering as an attendant, one companion may be registered. Information about the companion will be made public on the Service after the Attendant registration is completed. When registering a companion, the Attendant must obtain the companion's consent in advance to the personal information of the companion being made public on the Service.
5. We may cancel the registration of an attendant who falls under any of the following:
(1) The registration information contains errors
(2) The areas designated as cities, wards, towns, and villages where meals can be served are clearly far from the attendant's address.
(3) The conditions imposed on Users who wish to dine together are inappropriate in light of the purpose of the Service set forth in Article 1 (Purpose of the Service) (4) Any of the following expressions are included:
A. Expressions that constitute criminal acts or encourage or induce criminal acts
(a) Expressions that infringe on the reputation, privacy, or other rights and interests of others Expressions that criticize, slander, intimidate, confuse, deceive or discriminate against others. D. Obscene or other sexual expressions Expressions that cause discomfort to others Expressions intended to solicit relationships with the opposite sex, political or religious solicitations, or business activities
G) Expressions intended to disrupt the operation of our services Expressions intended to request the transfer or loan of money or goods
I. Expressions that violate these Terms Any other expression that is inappropriate in light of the purpose of the Service as set forth in Article 1 (Purpose of the Service).
Article 8 (Deprivation of status as an attendant)
1. If an attendant falls under any of the items in Article 4 (Cancellation of User Registration) (only if, in consideration of the circumstances, the situation does not reach a level that requires the cancellation of the user registration), our company may take measures to strip the attendant of his/her status and change him/her to a general user.
2. If an attendant causes trouble with other users and the Company determines that it is inappropriate for the attendant to continue his/her activities, the Company may take measures to strip the attendant of his/her status and change him/her to a general user.
3. When the Company takes measures against an attendant as set forth in the two preceding paragraphs, the Company will cancel the attendant's registration. In this case, if the dinner party related to the attendant's registration has not been held, the Company will refund the full amount of the attendant fee to the user only upon request from the user who paid the attendant fee.
Article 9 (Change to General User)
1. An Attendant may apply to the Company to become a General User only if there are no matching cases that have not yet been completed.
2. If an attendant becomes a general user through the application in the preceding paragraph, the attendant's registration will be cancelled.
Chapter 4 Matching
Article 10 (Matching)
1. A User (hereinafter referred to as a "Traveler" in this Chapter) may apply for matching by specifying all of the following items in a manner specified by the Company. In this case, matching will be established under the specified conditions when the attendant accepts the application in a manner specified by the Company.
(1) Date and time of the meal
(2) Area of the meal (limited to the area designated by the attendant in the attendant registration as a city, town, or village in which meals may be held).
(3) The number and gender of any accompanying persons (limited to three persons) dining with the traveler (hereinafter, in this Chapter, the traveler and accompanying persons are collectively referred to as "travel members").
2. With regard to travel members, attendants and accompanying persons, we limit the combination of one male and one female and the successful matching based on the number of females and males.
3. The matching conditions may be changed by the Traveler and the Attendant with their consent, and only up until the day before the meal, in a manner specified by our company. However, this shall only apply if the changed matching conditions meet the conditions set forth in paragraph 1 and do not violate the restrictions in paragraph 2 .
4. When a match is made, the traveler must provide the attendant with a photograph of his/her face via the message function. The attendant must not provide or disclose the photograph to any third party other than the traveler accompanying the traveler.
Article 11 (Payment)
1. When the matching is established, the Traveler must pay to the Attendant the Attendant Fee, the amount of which was specified by the Attendant in the Attendant Registration, by credit card in the manner specified by our Company.
2. Our company will receive the attendant fee from the traveler on behalf of the attendant. The attendant will grant the authority to receive the attendant fee to our company and to the settlement business operators, etc. (meaning those who operate settlement businesses, collection agency businesses, and other similar businesses; the same applies hereinafter) entrusted by our company.
3. The attendant agrees in advance that if the traveler has paid the attendant fee to our company or to a settlement service provider commissioned by our company, he/she will lose the right to charge the attendant fee to the traveler.
4. An attendant may not charge the attendant fee or any other fee to the traveler in any manner other than as provided for in this Article.
5. If payment of the attendant fee as provided for in this Article is not completed at the time the matching is established, the matching will become void.
Article 12 (Message Function)
1. The Traveler and the Attendant may use the Message Function from the time when the Matching is established and the payment of the Attendant fee is completed as provided for in Article 11 (Payment) until the date of the meal (meaning the date of the meal specified in the Matching application; the same applies hereinafter).
2. When using the message function, you may only exchange messages that fall under any of 6 the following:
(1) Coordination of restaurants to be used for dining
(2) Self-introductions of travel members, attendants and accompanying persons
(3) Coordinating meeting places for meals
(4) Greetings
(5) Other matters related to (1) through (4)
3. When using the message function, you may not exchange messages that include any of the following expressions:
(1) Expressions that constitute criminal acts or encourage or induce criminal acts
(2) Expressions that infringe on the reputation, privacy, or other rights and interests of others
(3) Expressions that criticize, slander, intimidate, confuse, deceive or discriminate against others
(4) Obscene or other sexually explicit material
(5) Expressions that cause offense to others
(6) Expressions intended to solicit relationships with the opposite sex, political or religious solicitations, or business activities
(7) Expressions intended to disrupt the operation of our services
(8) Expressions intended to request the transfer or loan of money or goods
(9) Any expression that violates these Terms and Conditions
(10) Any other expression that is inappropriate in light of the purpose of the Service as set forth in Article 1 (Purpose of the Service).
4. The Company may check the contents of messages in order to monitor whether messages that violate Paragraphs 2 or 3 are being exchanged in the Message Function and whether places prohibited in Article 13 (Places that may be used for meals) are not designated as places for meals. Users must agree in advance to such checks before using the Message Function.
Article 13 (Places available for dining)
The venue for the meal is limited to restaurants that do not fall under the category of "adult entertainment business" as defined in the Act on the Control and Proper Management of Amusement and Entertainment Businesses, etc.
Article 14 (Dining)
1. Each meal must be held on the date and time specified as a matching condition and must be limited to one hour.
2. The dinner cannot be held unless all travel members, attendants and accompanying persons specified as matching conditions are in attendance.
3. If a Travel Member requests that the attendant or accompanying person make a recording of the meal, the attendant or accompanying person may not refuse such a recording. The Travel Member may not make such recording available to the public on the Internet or any other medium.
4. Travelers and attendants must comply with the matching conditions when dining together.
5. Attendants and accompanying persons must not disclose any information they hear from travel companions during a meal (including conversations before and after the meal).
6. Travel members, attendants and accompanying persons must not engage in any of the following behavior during a meal:
(1) Any words or actions that constitute a criminal act or that encourage or induce a criminal act
(2) Speech or behavior that violates the reputation, privacy, or other rights and interests of others
(3) Speech or behavior that criticizes, slanders, intimidates, harasses, deceives, or discriminates against others.
(4) Obscene or other sexually-oriented remarks or behavior
(5) Behavior that causes offense to others
(6) Speech or behavior intended to solicit relationships with the opposite sex, political or religious solicitations, or business activities
(7) Remarks or actions that lack consideration for the nationality, culture, religion, or beliefs of others
(8) Behavior requesting the transfer or loan of money or goods
(9) Any other behavior that is inappropriate for the purpose of the dinner party.
7. In principle, travelers will bear the costs of meals for attendants and accompanying persons at meals.
Article 15 (Handling when a dinner party cannot be held)
1. If a meal cannot be held due to the convenience of an attendant, the Traveler may receive a refund of the attendant fee only if he/she proves this to our company. However, if our company has already paid the attendant fee, the Traveler may not receive a refund.
2. Except in the case referred to in the preceding paragraph, the Traveler will not be entitled to a refund of the attendant fee even if the meal cannot be held.
Article 16 (Cancellation of Matching)
1. Travelers may cancel the matching and receive a partial refund of the attendant fee only up until the day before the meal date. The amount of the attendant fee that can be refunded is as follows:
(1) Cancellation on the day before the meal: 20% of the attendant fee
(2) Cancellation between 6 days and 2 days before the dinner date: 50 % of the attendant fee
(3) Cancellation 7 days or more prior to the dinner date: 70 % of the attendant fee
2. If an attendant cancels a meal for his/her own reasons, he/she must pay to the traveler, upon request by our company, as a refund processing fee, an amount equal to the system fee that our company would have received if there had been no cancellation.
Article 17 (Payment of attendant fees to attendants)
1. Our company will transfer the amount of the attendant fee (in the case of a cancellation of the matching, the amount minus the refund amount) minus the system fee to the financial institution account designated by the attendant within 10 days from the day on which we confirm that the meal has ended using the method specified by our company (or, in the case of a cancellation of the matching, the day on which the cancellation is finalized).
2. The method of calculating the system fee will be as indicated separately in this Service.
Article 18 (Review)
1. A User who has had a meal with an attendant can rate said attendant and post a review on this Service.
2. The review referred to in the preceding paragraph may not contain any of the following expressions:
(1) Expressions unrelated to the evaluation of attendants
(2) Expressions that constitute criminal acts or encourage or induce criminal acts
(3) Expressions that infringe on the honor, privacy, or other rights and interests of attendants, accompanying persons, or other third parties.
(4) Expressions that criticize, slander, intimidate, confuse, deceive or discriminate against attendants, accompanying persons or other third parties. (5) Expressions intended to disrupt the activities of attendants (6) Expressions intended to disrupt the operation of our services (7) Any expression that violates these Terms and Conditions
(8) Any other expression that is inappropriate in light of the purpose of the Service as set forth in Article 1 (Purpose of the Service).
3. If the Company determines that a review under Paragraph 1 violates the provisions of Paragraph 2, it may delete the review.
Chapter 5. General Provisions
Article 19 (No guarantee)
1. We do not screen users for their quality, and do not guarantee that there will be no trouble between users. In the unlikely event that a trouble does occur between users, the users will be required to resolve it themselves.
2. We do not guarantee that the information registered by users is true. In the unlikely event that a dispute arises between users because a user has registered false information, the users will be required to resolve the dispute themselves.
3. The Company does not guarantee that the Service will be free from malfunctions, communication failures, or other problems. In the unlikely event that a match is not made or a dinner cannot be held due to such problems, the Company shall not bear any legalresponsibility to the User.
4. We do not guarantee that the Service is completely free of security vulnerabilities. In the unlikely event that a user suffers damage due to a security vulnerability in the Service, we shall not bear any legal responsibility.
Article 20 (Prohibited acts by users)
When using the Service, Users must not engage in any of the following acts:
(1) Transmitting unauthorized programs to the network or system of the Service , gaining unauthorized access, or placing an excessive load on the Service
(2) Reverse engineering or other analysis of the system, etc. of the Service
(3) Any illegal modification of the program of the Service or any parameters or data related to the operation of the Service against the Company ’s intentions.
(4) Any act that violates laws and regulations or is related to a criminal offense Any act that infringes the intellectual property rights , reputation, privacy rights, or other rights and interests of the Company or any third party.
(6) Using the Service while driving a car, while working, or in other inappropriate situations.
(7) Any act that the Company indicates as being prohibited on the Service
(8) Any act that directly or indirectly causes or facilitates any of the acts listed in the preceding items
(9) Any attempt to commit any of the acts listed above
(10) Any other conduct that violates the purpose of the Service , social norms, or public order and morals.
(11) Any other conduct that is inappropriate for the use of this service.
Article 21 (Copyright, etc.)
1. The copyright and other intellectual property rights of the programs, images, text, and all other content constituting this Service belong to our company or the rights holder of the content, and will not be transferred to the User in any way.
2. Users shall not copy or provide to a third party this Service, the programs constituting this Service, images, text, or any other content.
Article 22 (Management of Account ID, etc.)
1. Users must not allow a third party to use the account ID and password (hereinafter referred to as "ID, etc.") provided by our company at the time of user registration, nor transfer or lend the ID, etc. or the right to use the ID, etc. to a third party.
2. Users must properly manage and store their IDs, etc. to prevent them from being used by a third party.
3. The User shall be liable to compensate the Company for any damages incurred as a result of the User's violation of the provisions of Paragraph 1 or 2.
4. The User shall be responsible to the Company for all actions taken on the Service by a third party using the User’s ID, etc.
Article 23 (Suspension and Interruption of Service in the App)
In any of the following cases, the Company may suspend or interrupt the provision of the Service without prior notice to the User. In such cases, the Company shall not be liable to the User for refunds of attendant fees and system fees, compensation for damages, or any other matters.
(1) When necessary for updates
(2) If a system failure or other trouble occurs regarding the operation of the Service
(3) Any other circumstances arise that prevent us from continuing to provide the Service.
Article 24 (Liability for damages)
If a User causes damage to the Company through a violation of these Terms of Use or other intentional or negligent act, the User shall be liable to compensate the Company for any damage suffered as a result (including indirect damage, special damage, attorney's fees, and all other damages).
Article 25 (Cases where the party is obligated to pay damages under the mandatory provisions of the Consumer Contract Act or other laws and regulations)
Notwithstanding the provisions of these Terms, even if the Company is obligated to pay compensation based on the mandatory provisions of the Consumer Contract Act or other laws and regulations, the amount of compensation shall be limited to 50,000 yen. However, this shall not apply when the occurrence of such damage is due to the Company's willful misconduct or gross negligence.
Article 26 (Transfer of Status, etc.)
1. Except when the Company has given prior consent in writing or electromagnetic record, the User may not transfer to a third party, offer as security, or otherwise dispose of any rights, obligations, or contractual status arising from these Terms.
2. The User agrees in advance that in the event that the Company transfers the business related to the Service to a third party (including business transfer, company split, and all other cases involving the transfer of such business), the rights, obligations, and contractual status under these Terms will be transferred to the third party upon such transfer.
Article 27 (Changes or Termination of the Service)
The Company may change or terminate the content of the Service after notifying the User in advance. The Company shall not be liable for any damages incurred by the User as a result of such change or termination.
Article 28 (Changes to these Terms)
If it becomes necessary to change these Terms due to amendments to laws and regulations, changes in social conditions, expansion of services, or other circumstances, the Company may change the contents of these Terms in accordance with the provisions of Article 548-4 of the Civil Code (Changes to Standard Terms and Conditions). In such cases, the Company will announce in advance on the Service the fact that there will be changes, the changed contents, and the date of the changes. The changed contents of these Terms will also apply to users who started using the Service before the changes.
Article 29 (Severability)
Even if any provision or part of these Terms and Conditions is invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the other provisions and parts of these Terms and Conditions will remain in full force and effect.
Article 30 (Governing Law and Court of Jurisdiction)
1. These Terms and Conditions shall be governed by the laws of Japan.
2. If these Terms and Conditions are written in Japanese or in a language other than Japanese, the Japanese language shall take precedence in terms of interpretation.
3. Any disputes arising out of or related to these Terms and Conditions, or any disputes related to the Service, shall be subject to the exclusive jurisdiction of the Osaka District Court as the court of first instance.