Chapter 1 General rules
Article 1 Application
1 This Agreement is intended to determine the rights and obligation relationship between the Company and its members (as defined in Article 2) concerning the use of the Service (as defined in Article 2), and the purpose of this Service It applies to all relations related to use.
2 Members include members as tourists (hereinafter referred to as "tourists") (defined in Article 2) and local people (hereinafter referred to as "localists") (defined in Article 2) There are members as. The provisions of chapter 1 and chapter 4 of this agreement apply to all members but chapter 2 applies only to rights and duties as tourists and chapter 3 applies only to rights and duties as localists will do.
3 The rules, provisions, etc. relating to this service that we post from time to time on our website (defined in Article 2) constitute a part of these Terms.
4 This service is merely to provide a place for matching tourists and localists and does not involve mediation or intermediary between them. The reservation request agreement (defined in Article 2) shall be concluded between the tourist and the localist, and the Company shall not be a party to the reservation request agreement.
Article 2 Definition
The following terms used in these Terms shall have the meanings specified below.
(1) "Member" means an individual or a corporation registered as a user of this service pursuant to Article 3.
(2) "Localist" means a member who uses this service as a local person.
(3) "Intellectual property rights" means copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (those who acquire their rights or register for the rights thereof It includes the right to do.)
(4) "Request for reservation" means that the tourist will ask the localist to reserve a restaurant.
(5) "restaurant reservation contract" means "restaurant reservation contract" as defined in Article 4, paragraph 4.
(6) "Tourist information" "Localist information" means information on tourist and localists posted on our website.
(7) "Our website" means the website operated by the Company whose domain is "melg.me" (in the event that the domain or content of our website is changed regardless of reasons, It includes the website after change.)
(8) "Registered applicant" means "applicant for registration" defined in Article 3.
(9) "Registration information" means "registration information" defined in Article 3.
(10) "Service" means the platform service named "melg" provided by the Company (including the changed service if the name or content of service is changed regardless of reason). ).
(11) "Contract for use" means "contract for use" as defined in Article 3, paragraph 4.
(12) "Tourist" means a member who uses this service as a traveler.
(13) "External SNS service" is the company's social networking service offered by Facebook and other other businesses, certification of members, disclosure of friendships,
into the external social network It has a function such as publishing the contents of the service and it means the service used to implement this service.
(14) "External SNS operators" means service providers of external SNS services.
(15) "External SNS Terms of Service" means the contracts that determine the rights relationship between members and external SNS operators.
Article 3 Registration
1 A person who wishes to use the Service (hereinafter referred to as "Applicant") agrees to comply with these Terms and certain information specified by the Company (hereinafter referred to as "Registration Information"). ) To the Company by the method specified by the Company, you can apply for registration of the use of this service to the Company.
2 Application for registration must be done by an individual or corporation that uses this service by all means, and in principle registration application by an agent is not approved. In addition, applicants wishing to register must provide us with the truth, accurate and up- to-date information when applying for registration.
3 The Company may refuse registration if a person applying for registration under paragraph 1 falls under any of the following events.
(1) When judging that the company does not meet the qualifications as a localist or a tourist according to the criteria established by the Company
(2) When the Company determines that there is a danger of violating these Terms
(3) False, misprinted or omissible for all or part of the registration information provided to the Company
(4) In the case that the person has been canceled the registration for the use of this service in the past
(5) In the case that it is either a minor, an adult ward, an insured person or an assistant person, and has not obtained the consent of a legal representative, guardian, curator or assistant etc
(6) Anti-social forces etc. (meaning organized crime groups, organized crime group members, right-wing groups, anti-social forces, and others), or through antisocial forces etc. through funding etc. When we judge that we are engaged in some sort of interaction or involvement with anti social forces such as cooperation or involvement in maintenance, operation or management
(7) Others, when we judge that registration is not appropriate4 In accordance with the preceding paragraph and other standards of the Company, we decide whether or not to register the applicant for registration and inform the applicant to that effect if we allow the registration. With this notification, registration as a member of a registrant is completed, and a contract (hereinafter referred to as "usage contract") for use of this service in accordance with the provisions of this agreement is established between the member and the Company I will.
5 When there is a change in the registration information, the member shall notify the Company of the change according to the method specified by the Company without delay and submit the materials requested by the Company.
Chapter 4 Common Items
Article 12 Use of this service
During the validity period of the subscription contract, the member can use this service in accordance with this policy in accordance with the method specified by the Company.
Article 13 Management of passwords and user IDs
1 Member shall manage and store passwords and ID under their own responsibility and shall not let third parties use, lend, transfer, transfer name, trading, etc.
2 The responsibility for damages caused by inadequate management of password or ID, error in use, use by a third party, etc. shall be borne by the member and we are not responsible at all.
3 When a member finds that the password or ID is stolen or is used by a third party, the member shall immediately notify the Company and follow instructions from the company.
Article 14 Prohibition of Direct Transaction
1 Member shall not conclude a contract similar to a restaurant reservation contract or a restaurant reservation contract without using this service with a tourist or a localist that he or she has learned or learned through the service, With regard to store reservation contracts, we shall not give or receive consideration outside this service.
2 In the event of breaching the preceding paragraph, the member shall make a payment of 5 times the service fee that the Company would receive in the event that the act conducted in violation of the preceding paragraph was made using this service Shall be paid as penalty. The provisions of this section do not prevent damages for damages exceeding the penalty fee to our members.
Article 15 Prohibited act
1 A member shall not perform any act that falls under any of the following items in using this service.
(1) Any act infringing the intellectual property rights, portrait rights, privacy rights, privileges, honor, other rights or interests of the Company or other members, external SNS operators or other third parties (directly or indirectly Including acts that cause it.)
(2) Acts that violate the content of restaurant reservation contract
(3) Acts related to criminal acts or acts contrary to public order and morals
(4) Acts of transmitting obscene information or harmful information to adolescents
(5) Acts of transmitting information on heterosexual dating
(6) Acts that violate laws or regulations or internal rules of industry associations to which the Company or its members belong
(7) Acts of sending information including computer viruses and other harmful computer programs
(8) Acts of impersonating others and sending information etc. to our company
(9) Acts of altering information that can be used for this service
(10) Acts of sending data over a certain data capacity specified by the Company through this service
(11) Acts that may interfere with the management of the Service by the Company
(12) Acts of making multiple member registrations
(13) The solicitation of groups, services, activities solicited by the Company that it is not related to this service, solicitation for activities
(14) Acts of using the information of other members that we learned through this service without using explicit consent of the member, using it for purposes other than this service or providing it to a third party
(15) The act of collecting or duplicating eating and drinking establishment information and other data on this service for purposes other than using this service
(16) Other acts that we deem inappropriate2 If the Company determines that the act of sending information by the member in this service falls under any of the items of the preceding paragraph or if it is judged by the Company that there is a possibility that such information may be applicable, (Including, but not limited to, eating and drinking establishment information) in whole or in part. We will not be held liable for any damages caused to members based on measures taken by us under this section.
Article 16 Suspension of this service, etc.
1 In the event of any of the following cases, the Company shall be able to suspend or suspend the use of this service in whole or in part without notifying the members in advance.
(1) In the case of periodic or urgent inspection or maintenance work of the computer / system related to this service
(2) When computer, communication line, etc. cease due to accident
(3) When the service can no longer be operated due to force majeure such as fire, power failure, natural disasters, etc.
(4) When the trouble, service interruption or suspension of service provision, suspension of cooperation with this service, specification change etc. occurs in the external SNS service
(5) In addition, when we judge that suspension or interruption is necessary2 The Company may terminate the provision of this service at the convenience of our company. In this case, we will notify the members in advance.
3 We are not liable for any damages caused to members based on measures taken by us under this section.
Article 17 Equipment burden etc.
1 The preparation and maintenance of computers, software and other equipments, communication lines and other communication environments necessary to receive the provision of this service shall be made at the members' expense and responsibility.
2 Members shall take security measures, such as prevention of computer virus infection, unauthorized access and prevention of information leaks, at their own expense and responsibility, depending on the usage environment of their services.
3 The Company shall have no obligation to save such information even if the message or other information sent and received by the member has been stored for a certain period of time for operation, and the Company shall be able to delete such information at any time I will. Please be aware that we are not responsible for any damage caused to members based on the deletion of such information.
4 When a member installs software or the like on a member's computer or the like by downloading from the Company's website or using other methods during the use of this service or during the use of this service, We shall pay sufficient attention so as not to alter or cause equipment failure or damage, and we are not responsible for any damage caused to the members.
Article 18 Rights attribution
1 All ownership rights and intellectual property rights relating to our website and this service belong to us or those who license the company to us and the license for use of this
service based on the registration stipulated in this agreement is on our website It does not imply license of intellectual property right of the site or persons who licenses our company or our company concerning this service. Members may not infringe any intellectual property rights of the Company or anyone who licenses the Company under any circumstances for any reason (including but not limited to disassembling, decompiling, reverse engineering) We will not do.
2 We can freely use (copy, copy, modify, re-grant to third parties) freely at our company about the sentences, images, moving images and other data that the members posted or otherwise transmitted on our website or this service Including all other uses) shall be permitted.
Article 19 Rescission of registration, etc.
1 In cases where the member falls under any of the following reasons, the Company shall temporarily suspend the use of the Service concerning the member concerned, without notice or demand in advance, or register as a member You can cancel.
(1) In the event of violating any provision of these Terms
(2) When it is found that there is a false fact in the registration information
(3) When using or using this service in a purpose or manner that could cause damage to our company, other members, external SNS operators or other third parties
(4) The member violated the external SNS usage agreement or the reason that the member can not receive the service from the external SNS provider or receive cooperation (5) In the case of interfering with the operation of this service regardless of means
(6) Cancellation of payment or impossibility of payment, or when a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation or the commencement of similar procedures
(7) In the event of receiving a disposition of dishonor with respect to bills or checks accepted or underwritten by himself, or when receiving disposition of suspension of transaction at the clearing house or similar measures
(8) When there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction
(9) In case of receiving tax delinquency in taxes and duties
(10) In the case of death or when receiving a judgment on the commencement of guardianship, commencement of assistance or assistance
(11) If there is no use of this service for more than 1 year, and there is no response to contact from us
(12) When falling under each item of Article 3, paragraph 3
(13) In the case of unauthorized use or use of ID, password or this service.
(14) In the case where information on other members or posting content is provided to a third party without prior consent.
(15) In the event that we decide that continuation of registration as a member is not appropriate2 If any of the events listed in each of the items of the preceding paragraph falls under the circumstances, the member loses the benefit of the due date naturally for any obligation owed to the Company, and promptly not to pay all obligations to the Company It will not.
3 The Company and its members may cancel the membership registration by notifying the other party 10 days in advance by the method prescribed by the Company.
4 The Company shall not be held liable for any damages caused to the members by the actions of the Company under this section.
5 In the event that the registration of the member is canceled under this section, the member shall return, destroy or otherwise dispose of software, manuals or other items
related to the Service provided by the Company based on the instructions of the Company will do.
Article 20 Disclaimer of Warranty and Disclaimer
1 The Company does not guarantee the accuracy of the information provided by the members, the truthfulness, the validity of the contents of the transaction, legitimacy, and does not promise the establishment of a restaurant reservation contract. In addition, this service is provided as it is, and we do not guarantee the service at all, including conformity to a specific purpose, commercial usefulness, completeness, continuity etc. .
2 Even if the Member obtains any information on the Service, our website, other members of the Service or any other matter directly or indirectly from the Company, the Company is stipulated in this Agreement to the Member It does not guarantee anything beyond the contents.
3 Although this service may cooperate with external SNS service, we do not guarantee such cooperation and we do not assume any responsibility even if we can not cooperate with external SNS service in this service.
4 In the case that this service is in cooperation with the external SNS service, the member shall comply with the external SNS usage agreement with its own cost and responsibility, and between the member and the external SNS operator operating the external SNS service Even in the event of a dispute, we will not be held liable for any such dispute.
5 Members shall investigate whether using this service violates laws applicable to members, internal rules of industry organizations etc. based on their own responsibilities and costs, We do not guarantee that use of this service conforms to laws applicable to members, internal regulations of industry organizations, etc. at all.
6 The transactions, communications, disputes, etc. arising between members and other members, external SNS operators and other third parties in relation to this service or our website are processed and resolved at the members' responsibility And we are not responsible for any such matters.
7 The Company may suspend, suspend, terminate, disable or change the provision of the Service by the Company, delete or lose the Member's message or information, cancel the registration of the Member, lose data due to the use of the Service, Or damages, and any other damages suffered by the members in connection with this service.
8 Even if a link from our website to other websites or a link to our website from other websites is provided, we are not responsible for any websites other than our website and information obtained from it We will assume no responsibility even based on the reason.
Article 21 Responsibility for compensation etc. of members
1 Member shall indemnify the Company for damages if it inflicts damage to our company by violating these terms or in connection with the use of this service.
2 In the event that a member receives complaints from other members, external SNS operators or other third parties in connection with the Service or a dispute arises with those persons, immediately notify the Company of the dispute At the same time, we will process the complaint or dispute at the cost and responsibility of the member and report the progress and results to us according to the request from our company.
3 In connection with the use of the Service by the Member, if the Company receives any request from other members, external SNS operators or other third parties for infringement or for other reasons, Must compensate the amount forced to pay to such third party.
Article 22 Confidentiality preservation
1 "Confidential Information" as used in this Agreement means any information relating to the Subscription Agreement or the Service, whether the Member has been provided or disclosed by the Company in writing, verbal or recording medium etc., , Business,
financial, organization, and other matters. However, (1) those already publicly known or already already known when provided or disclosed or made known by the Company, (2) those provided or disclosed or acquired by the Company (3) Properly acquired without the obligation to keep confidentiality from a third party authorized to provide or to disclose, (4) Developed independently without confidential information, (5) Information confirmed in writing that we do not need confidentiality from our company shall be excluded from confidential information.
2 The Member shall use confidential information only for the purpose of using the Service and shall not disclose, disclose or disclose our confidential information to any third party without the written consent of the Company.
3 Notwithstanding the provisions of paragraph 2, the Member may disclose Confidential Information based on the order, request or request of law, court or government agency. However, in the event of such order, request or request, we must promptly inform us.
4 In case of copying a document containing secret information or a magnetic recording medium etc., the member shall obtain the written consent of the Company in advance, and strictly perform the management of the reproduction in accordance with paragraph 2 will do.
5 Whenever requested by the Company, the Member shall return or dispose of the document or any other recording media item containing or containing the Confidential Information and Confidential Information, and all copies thereof, without delay, without delay There is no doubt.
Article 23 Treatment of personal information
Article 24 Advertisement placement
At our discretion, we can post advertisements on our website. Since the advertisement is provided by a third party, we will not bear any responsibility for damage caused to the member related to the advertisement.
Article 25 Effective period
Utilization agreement shall become effective on the date on which the registration for the member is completed under Article 3, until the earliest of the day on which the registration of said member was canceled or the provision of this service was terminated, the Company and the member And shall survive effectively between.
Article 26 Change of these Terms and Conditions
1 We can freely change the contents of this service.
2 The Company shall be able to change these Terms (including the rules, provisions etc. concerning the Service to be posted on our website, same below in this section). In the event that this agreement is changed, the Company will notify the change to the member, and if the member uses this service after notice of the change contents or the procedure of cancellation of registration is made within the period specified by the Company If it does not take, the member considers that you agree to the change of this agreement.
Article 27 Contact / Notice
Inquiries concerning this service Others Contact or notice from the member to the company, notification concerning change of this agreement or any other contact or notification from the Company to the member shall be made by the Company.
Article 28 Transfer of these Terms and Conditions
1 Member may not transfer, transfer, set collateral, or otherwise dispose of the status on the contract or the rights or obligations under this Agreement to third parties without prior written consent of the Company.
2 In the event that we transfer the business pertaining to this service to another company, we will transfer the assignment of said business transfer, the status on the use contract, the rights and obligations based on this contract, the registration information of the members and other customer information Shall be transferred to a person, and the member shall agree in advance in this paragraph regarding such assignment. The business transfer prescribed in this section shall include not only normal business transfer, but also any case where company split or other business transfers.
Article 29 Entire Agreement
This Agreement constitutes a complete agreement between the Company and the Member concerning matters included in this Agreement and shall be deemed to constitute an agreement in advance, representation and understanding between the Company and the Member concerning matters included in these Terms regardless of whether oral or written Prioritize.
Article 30 Separability
Even if any provision of this Agreement or any part thereof is determined to be invalid or unenforceable by the Consumer Contract Act or other laws or regulations, the remaining provisions and some of these Terms shall be invalid or unenforceable The remaining part of the provision determined to be continuous has full effect and the Company and its members shall make the provision or part which is invalid or unenforceable legitimate and enforce enforcement power to the extent necessary We will endeavor to ensure the effectiveness of the invalid or unenforceable clause or part and the legal and economic equivalent effect.
Article 31 Survival provision
Article 4, 6, 7, 9, 5, 10, 13, 2, 14, 15, 2, 16, 3, 17 , Article 18, Article 19, Paragraph 2, 4 and 5, the provisions of Articles 20 to 24, and the provisions of Articles 28 to 32 shall survive effectively after termination of the use contract We shall do. However, Article 22 shall survive only for 5 years after termination of the contract.
Article 32 Governing law and competent court
The law governing this Agreement shall be the Japanese law, and for any dispute arising out or related to this Agreement, the Tokyo District Court shall be the exclusive jurisdictional court of the first instance.
Article 33 Conference negotiation
If any doubts arise regarding any matter not stipulated in this Agreement or interpretation of this Agreement, the Company and its members shall resolve promptly upon consultation pursuant to the principle of faithfulness and mutual respect.