Terms of Use for HOTPEPPER GOURMET

  1. Article 1. Application of these Terms
    1. These Terms of Use for HOTPEPPER GOURMET (these “Terms”) are managed and operated by Recruit Co., Ltd. (the “Company”), and will be applied to any user of the comprehensive website known as “HOTPEPPER GOURMET” (the “Site”) for online information provision services on restaurants (“Advertised Stores”) in Japan and various information provision services.
    2. The Company shall be allowed to make changes to these Terms without the need to obtain consent from Users. After the change has been made, these Terms shall come into effect when displayed on the Site, except as otherwise provided by the Company, and if User uses the Site after the change, he/she shall be deemed to have agreed to all of the contents provided in these Terms after the change.
    3. If there exist any various precautions, etc. posted on the Site or usage guide presented when providing the Services (collectively, “Precautions, etc.”), such Precautions, etc. shall constitute a part of these Terms.
    4. User shall be deemed to have agreed to these Terms upon use of the Site.
  2. Article 2. Reservation
    1. Each Advertised Store provides services such as the provision of food and beverages at its own responsibility, and the Company has no involvement in relation to the provision of any such services. User shall, when making reservations with an Advertised Store through the Site, use the Advertised Store at his/her own liability, and shall make any inquiries and requests directly to such Advertised Store in relation to services, such as the content of reservations, etc., at his/her own responsibility.
    2. User must not take any of the following actions in making reservations with any Advertised Store through the Site.
      1. [1] Cancelling a reservation without notice through the Site;
      2. [2] Failing to pay for any cancellation charges provided by the Advertised Store on the Site;
      3. [3] Performing any act which may make it impossible to come to such Advertised Store or to receive Services in accordance with the reservation, such as making reservations at multiple Advertised Stores at the same time and on the same date, etc.;
      4. [4] Performing any act of disturbing the public peace toward the Company, the Advertised Store or a third party; or
      5. [5] Committing any other act which violates or has the risk of violating laws and regulations.
    3. In the event of the Company acknowledging the occurrence of any act which violates any of the items in the preceding clause, or if there is a report from an Advertised Store that there has been an act which violates any of the items in the preceding clause, the Company may terminate part or all of the Services or take any measures which the Company deems necessary (including, without limitation, legal measures) such as making a claim for compensation, etc., without providing prior notification to the applicable User.
  3. Article 3. Browsing and Usage Environment
    Cookies and JavaScript are used in part of the Service for display control purposes. Please note that, although it is possible for User to stop using Cookies and JavaScript by changing the settings, in such case, the Services may not be available in the most appropriate condition.
  4. Article 4. Suspension and Discontinuation of the Site
    1. The Company may temporarily suspend the operation of the Site without prior notification or consent to the User if any of the following events occur:
      1. [1] When conducting maintenance or changing the specifications of the Site;
      2. [2] If the operation of the Site becomes difficult or impossible due to the occurrence or possible occurrence of a natural disaster, accident or any other emergency;
      3. [3] When the Company deems the temporary suspension of operation of the Site to be necessary for operation of the Site or any other reasons;
      4. [4] If the Service cannot be provided due to a failure in the system for providing the Service, unauthorized access by a third party or infection by computer virus, etc.; or
      5. [5] When the Service cannot be provided due to measures in accordance with laws and regulations, etc.
    2. The Company shall not be liable for any damage incurred by User due to any temporary suspension of the Site in accordance with the preceding clause; provided, however, that any damage incurred due to any wilful intention or gross negligence on the part of the Company shall be compensated. In addition, when the Company suspends operation of the Services in accordance with the preceding clause, the Company shall notify such fact on the Site in advance, except in cases of emergency.
    3. The Company may suspend or abolish the Services at its own convenience.
    4. In the event of the Company discontinuing the Services, the Company shall notify Users to such effect on the Site at least two (2) weeks before the date of discontinuation.
    5. The Company shall not be liable for any damage incurred due to any suspension or discontinuation of the Services; provided, however, that any damage incurred due to any wilful intention or gross negligence on the part of the Company shall be compensated.
  5. Article 5. Responsibility of the Company
    1. Although the Company is committed to providing trustworthy services and information to Users, the Company will make no guarantees with respect to each of the following items. User is kindly asked to use the Site at his/her own responsibility, upon judging the usability of the Site and any information and services provided in the Site.
      1. [1] That there is usability, fitness, completeness, accuracy, safety, legitimacy, newness, etc. related to all of the information provided in the Site (including information provided by e-mails, etc. sent by the Site or in relation to the Site, and any information, etc. included in the linked sites managed and operated by third parties that are displayed on the Site; the same shall apply hereafter.);
      2. [2] On any matters related to User’s acts of negotiating, executing agreements, etc. with any third party using the information provided on the Site;
      3. [3] That no defect, error or failure occurs in the provision of the Site;
      4. [4] That the product, service, information, etc. available through the Site will be to User’s satisfaction;
      5. [5] That the statements or act of transmission by User included in the Site do not infringe upon any third party’s rights; or
      6. [6] That the e-mail, web contents, etc. to be transmitted in relation to the Site do not include harmful content, such as a computer virus.
    2. The Company may, at any time, and at its own discretion, revise, delete, add, etc. to the Site and discontinue services, etc., and will not guarantee that the existence or the identity of the Site will be maintained.
    3. The Company shall not be liable for any communication cost or facility investment which accrues upon the User using the Services.
    4. The Company shall not be liable for any damage (any detriment including damage provided in the items in this Article, damage, emotional distress or any other monetary or non-monetary losses incurred by the User or a third party in accordance with Articles 5.1 and 5.2) accruing from the use (including acts of providing information by the Company in relation thereto) or inability to use the Services, except when the Company has wilful intent or gross negligence.
      1. [1] Any damage incurred by User by acts such as downloading contents provided by a third party through the Site and accessing to linked sites managed and operated by a third party;
      2. [2] Any damage incurred by User resulting from unlawful acts being conducted, such as unauthorized modification of the Site, unauthorized access to data related to the Site, or unlawful acts such as uploading computer viruses, etc. despite adequate safety measures having been taken by the Company; or
      3. [3] Any damage incurred due to an interruption, delay, cessation, loss of data, etc. of the servers and system or the Services of the Company due to failure in communication lines or computers, etc.
    5. Even when the Company is liable with regard to any of the preceding items, the liability of the Company shall be limited to direct and ordinary damages, except when there is wilful intention or gross negligence on the part of the Company.
  6. Article 6. Intellectual Property Rights
    Any rights in relation to the text, images, programs and other data, etc. constituting the Site (proprietary rights, intellectual property rights, portrait rights, publicity rights, etc.) shall belong to the Company or any third party having such rights, and User must not, in any form or method, make duplicates of, copy, reprint, forward, accumulate, sell, publish, or use the same beyond the scope of User’s personal use without the permission of the Company.
  7. Article 7. Elimination of Anti-Social Forces
    1. User represents that he/she is currently not an organized crime group, a member of an organized crime group, a former member of an organized crime group for whom less than five (5) years has passed since ceasing to be such, a quasi-member of an organized crime group, a company related to an organized crime group, an extortionist threatening to disrupt shareholder meetings (sokaiya), a rogue advocating social activism, etc., a special intelligence crime group, etc., or any other party similar to any of the foregoing (collectively, “Organized Crime Group Member”). In addition, User represents and warrants that he/she does not, and further undertakes that he/she will not, fall under any of the following items:
      1. [1] Having a relationship with any Organized Crime Group Member in such a manner that said Organized Crime Group Member is recognized as controlling its management;
      2. [2] Having a relationship with any Organized Crime Group Member in such a manner that said Organized Crime Group Member is recognized as being substantially involved in its management;
      3. [3] Having a relationship with any Organized Crime Group Member in such manner that it is making wrongful use of said Organized Crime Group Member, such as for the purpose of gaining unjust profit on its own behalf or on behalf of any third party, or for the purpose of causing damage to any third party;
      4. [4] Having a relationship with any Organized Crime Group Member in such a manner that it is recognized as being involved with said Organized Crime Group Member, such as by providing funds, etc. or affording convenience to said Organized Crime Group Member; or
      5. [5] Allowing for any of its officers or any person substantially involved in its management to have a relationship with any Organized Crime Group Member which is to be socially condemned.
    2. User undertakes that he/she shall not commit any of the following acts, either by him/herself or by using any third party:
      1. [1] Any violent act of demand;
      2. [2] Any act of making an unjust demand made against any party beyond such party’s legal responsibility;
      3. [3] Any act of using intimidating words, performing intimidating deeds, or resorting to violence in respect of any transaction;
      4. [4] Any act of damaging the credibility of, or obstructing the business of, any other party by spreading rumors, using fraudulent means, or using force; or
      5. [5] Other acts similar to any of the foregoing.
  8. Article 8. Prohibited Matters for User
    1. User must not take any of the following actions in using the Site:
      1. [1] Any act of sending or writing information imitating others;
      2. [2] Any act of using the Site in any other way besides as approved by the Company;
      3. [3] Any act of using the Site for commercial purpose;
      4. [4] Any act of modifying the Site without permission;
      5. [5] Any act of sending or writing harmful computer programs, etc., or sending spam emails, chain letters, junk emails, etc.;
      6. [6] Any act which infringes upon or has the risk of infringing upon copyrights, trademark rights or other intellectual property rights of the Company or a third party;
      7. [7] Any act of libel, slander, defamation, any act of infringing upon or having the risk of infringing upon the privacy of the Company or a third party;
      8. [8] Any act of disclosing to others information, documents or images with contents offensive to the public order and morals;
      9. [9] Any act of causing trouble to the Company or a third party;
      10. [10] Any act violating the previous Article;
      11. [11] Any act of intentionally sending information which can be deemed to have clearly been made for the purpose of causing mischief;
      12. [12] Any criminal act, or any act which may be associated with or which has the risk of being associated with a criminal act;
      13. [13] Any act of soliciting activities which have no relation to the Services for an association or service;
      14. [14] Any act of placing undue load on the Company’s servers by using an unauthorized program script, etc.; or
      15. [15] Any act which violates, or has violated in the past, any laws and regulations, the public order and morals, or these Terms, or which has the risk thereof.
    2. In the event of User violating the preceding clause or conducting any other act which the Company deems to be inappropriate for the operation of the Site, the Company may take necessary measures (including legal measures) with respect to such User, such as suspension of use of the Site, claim for damages, etc.
    3. User must provide compensation at his/her own liability and cost for any damage incurred by the Company or a third party due to by his/her act in violation of Article 8.1.
  9. Article 9. Handling of User’s Information
    The Company may obtain an access log for the purpose of improving the convenience of Users of the Site, preparing statistical data and distributing data.
  10. Article 10. Handling of Personal Information Possessed by the Company
    The Company respects the privacy of Users who use the Site, and pays the greatest care to managing Users’ personal information. Any personal information the Company obtains from Users shall be handled in accordance with the “Privacy Policy” separately provided by the Company. In addition, Users are asked to use the Site upon confirming and accepting the content of the “Privacy Policy” in advance.
  11. Article 11. Validity of these Terms
    Even when part of the provisions in these Terms is deemed to be invalid in accordance with the laws and regulations, any other provisions in these Terms shall remain in full force and effect. In addition, even if part of the provisions in these Terms is deemed to be invalid or is cancelled in relation to a particular User, these Terms shall be deemed to remain in full force and effect in relation to the other Users.
  12. Article 12. Prohibition on Assignment of Rights and Obligations
    Unless the Company gives its prior consent, User may not assign or provide as security to any third party his/her title or his/her rights and obligations under such title.
  13. Article 13. Governing Law and Jurisdiction
    These Terms shall be governed by the laws of Japan, and the Tokyo District Court shall have agreed exclusive jurisdiction in the first instance over any dispute related to these Terms and the Site.
Supplemental Provision
Effective from March 24, 2016.