Please read the following terms that govern your use of Penguin Food Delivery (referred hereafter as the “PFD” in this document) service (referred hereafter as “Service” in this document). By using the Service, you fully understand and agree to this terms of service.
Article 1. Definition of “User”
1．Beach Star Co., Ltd (referred hereafter as “BSC” in this document）define “user” as person using PFD Services under the agreed terms of service.
2．BSC may refuse to serve the individual and/or group when BSC feel an individual and/or group unfit to be the User of PFD Service.
2．BSC may refuse to serve the individual and/or group when BSC feel an individual and/or group unfit to be the User of PFD Service.
Article 2. Application of the terms
This term of service is subject to the terms of all legal agreement between the User, defined in Article 1, and PFD.
Article 3. Changes to the terms and/or Services
1．BSC may make changes to the terms and/or Service at anytime, without user’s consent.
2．By applying the changes to the menus and/or notifying the users through website, the changes made to the terms and/or Service will be effective immediately.
2．By applying the changes to the menus and/or notifying the users through website, the changes made to the terms and/or Service will be effective immediately.
Article 4. Accepting the terms
User must understand and agree to the terms (including all changes mentioned in Article 3).
Article 5. Order reception
User must order to BSC by telephone, using the order menu for the PFD member restaurant. The order will only be accepted when BSC confirm the order made by the User.
Article 6. Privacy and personal information
The user must agree that the personal information provided by the user when using the Service will be managed responsibly and securely by BSC according to the privacy policy provided separately, and it will be presented to the contracting PFD member restaurant, along with a third party when mailing or distributing new menu or information. When a change has been made to the privacy policy, a new policy will be effective immediately.
Article 7. Prohibition
The following acts by the user are prohibited. When any of the following is revealed, BSC withholds the right to cancel the order and deny any further use of the Service without any notification to the user. BSC will not be liable for any loss and/or inconvenience to the user caused by this action.
1．Providing false information when ordering.
2．Making abusive and/or malicious comments on websites, which may cause discomfort for BSC, user of BSC Services, and/or a third party.
3．Interfering with PFD operations.
4．Lack of public order and standards of decency.
5．Violation of the law.
6．Reproduction and distribution of BSC’s publications, plans, articles and etc.
7．Impersonation and mischief.
8．Interfering with BSC member restaurant and BSC operations.
2．Making abusive and/or malicious comments on websites, which may cause discomfort for BSC, user of BSC Services, and/or a third party.
3．Interfering with PFD operations.
4．Lack of public order and standards of decency.
5．Violation of the law.
6．Reproduction and distribution of BSC’s publications, plans, articles and etc.
7．Impersonation and mischief.
8．Interfering with BSC member restaurant and BSC operations.
Article 8. Usage of collected information
User may only use the information collected through PFD for personal use.
Article 9. Copyright
All rights of PFD copyright (Including copyright law, article27 and article 28. Equally for the following) is reserved by BSC. This includes distributed menus, project plans, compositions, designs, plan drawings, photography and picture graphics, written compositions.
The copyright for the restaurant information published on website for the BSC members’ page, menu information and photographs, including the materials approved for BSC’s use by PFD member restaurant, are reserved by the each BSC member restaurants.
Reproduction and distribution of these materials without a prior written consent from BSC, will be in violation of the copyright law. In which case, BSC withholds the right to fine and/or claim a compensation for the damages.
The copyright for the restaurant information published on website for the BSC members’ page, menu information and photographs, including the materials approved for BSC’s use by PFD member restaurant, are reserved by the each BSC member restaurants.
Reproduction and distribution of these materials without a prior written consent from BSC, will be in violation of the copyright law. In which case, BSC withholds the right to fine and/or claim a compensation for the damages.
Article 10. Compensation liability for damages and loss
1． User is liable for all the responsibility and the cost to compensate any and/or all of the damages and/or loss to a third party caused by the user, though PFD Service. BSC will not be held liable for any and/or all damages and/or loss.
2．BSC withhold the right to claim for the compensation for the damages and/or loss against the competent user who has violated this terms of service, or committed dishonest act and/or violated the law to cause damages and/or loss to PFD and/or other users.
3．When the Service contract between BSC and the user fulfill the “Consumer contract” determined by Consumer contract law 3rd heading of Article 2, an exemption clause mentioned in this agreement will not be applied. BSC will be liable for the common damages and/or loss caused directly by BSC’s failure to execute the obligations or unlawful act and/or warranty against defects.
2．BSC withhold the right to claim for the compensation for the damages and/or loss against the competent user who has violated this terms of service, or committed dishonest act and/or violated the law to cause damages and/or loss to PFD and/or other users.
3．When the Service contract between BSC and the user fulfill the “Consumer contract” determined by Consumer contract law 3rd heading of Article 2, an exemption clause mentioned in this agreement will not be applied. BSC will be liable for the common damages and/or loss caused directly by BSC’s failure to execute the obligations or unlawful act and/or warranty against defects.
Article 11. Change of Service
1．BSC may change, suspend and cancel any of the Service at any time without user’s consent.
2．BSC will not be held liable to any of the disadvantages and damages caused by these changes, suspensions and cancellations.
2．BSC will not be held liable to any of the disadvantages and damages caused by these changes, suspensions and cancellations.
Article 12. Suspension and cancellation of Service
BSC will suspend or cancel without user’s consent, a part and/or all of the Service to the user when any of the following is applicable.
1．Any disorder to the BSC equipments such as telephone lines to provide Service.
2．Proving Service is difficult due to an inevitable accident such as fire, power failure and a natural calamity.
3．Unable to fulfill the order due to temporary closure of PFD member restaurant.
4．Proving Service is difficult due to other unexpected happenings.
2．Proving Service is difficult due to an inevitable accident such as fire, power failure and a natural calamity.
3．Unable to fulfill the order due to temporary closure of PFD member restaurant.
4．Proving Service is difficult due to other unexpected happenings.
Article 13. Liability exemption
1．When BSC is obligated to contact the user, BSC will fulfill this obligation by contacting the telephone number notified in advance by the user. BSC will not be liable to any and/or all damages and/or loss caused by this action.
2．BSC will not be liable for any and/or all damages and/or loss due to user not being able to use the Service.
3．BSC and/or PFD member restaurant may contact the user to cancel the order, after order has been completed, when PFD member restaurant and/or BSC is unable to fulfill the order due to PFD member restaurant and/or BSC’s circumstances.
4．BSC will only notify the PFD member restaurant of the order taken from the users. The actual cooking and necessary preparations will be done by PFD member restaurant. Therefore incase of any dispute concerning ingredients, recipe and taste must be solved between user and PFD member restaurant.
5．BSC will not be liable for any damage and/or loss to the user, caused by suspending, stopping, changing the Service, deleting and/or losing messages and/or information of the user, cancellation of user membership, cancellation of the order and any other Service related matter.
6．BSC will not be liable for any damages and/or loss caused by sending and receiving of computer virus and/or harmful computer programs.
7．BSC will not guarantee the accuracy, legitimacy and usefulness of any and/or all of publicized information about allergies and product descriptions.
2．BSC will not be liable for any and/or all damages and/or loss due to user not being able to use the Service.
3．BSC and/or PFD member restaurant may contact the user to cancel the order, after order has been completed, when PFD member restaurant and/or BSC is unable to fulfill the order due to PFD member restaurant and/or BSC’s circumstances.
4．BSC will only notify the PFD member restaurant of the order taken from the users. The actual cooking and necessary preparations will be done by PFD member restaurant. Therefore incase of any dispute concerning ingredients, recipe and taste must be solved between user and PFD member restaurant.
5．BSC will not be liable for any damage and/or loss to the user, caused by suspending, stopping, changing the Service, deleting and/or losing messages and/or information of the user, cancellation of user membership, cancellation of the order and any other Service related matter.
6．BSC will not be liable for any damages and/or loss caused by sending and receiving of computer virus and/or harmful computer programs.
7．BSC will not guarantee the accuracy, legitimacy and usefulness of any and/or all of publicized information about allergies and product descriptions.
Article 14. Applicable law and court of jurisdiction
Applicable law for this agreement is the law of Japan. Tokyo District Court will be the first instance court of jurisdiction for exclusive mutual consent over any dispute originated and/or related to this agreement.