Sarutahiko Coffee Official App/Online Shop Terms of Use

These Terms of Use (hereinafter referred to as "these Terms") establish the relationship between all users of the Sarutahiko Coffee Official App (hereinafter referred to as "this App") and the Sarutahiko Coffee Online Shop (hereinafter referred to as "the Online Shop"), which are provided and operated by Sarutahiko Coffee Co., Ltd. (hereinafter referred to as "the Company"), and the Company itself.

Article 1. Scope of these Terms

These Terms apply to all of this App, the Online Shop, and services incidental or related thereto (collectively hereinafter referred to as "the Service") provided by the Company.

Article 2. Membership Qualifications

A contract (hereinafter referred to as "this Contract") allowing the member to use all features of the Service between the member and the Company is established upon the user's completion of the membership registration process through the method specified by the Company, thereby becoming a member of this App and the Online Shop (hereinafter referred to as "Member").
If the Company determines that a person wishing to register as a Member falls under any of the following, the Company may refuse the registration:
1. If the person has previously violated these Terms.
2. If the person provided false information to the Service at the time of registration.
3. If the person intends to resell products purchased using the Service.
4. In any other case where the Company deems the person inappropriate as a Member.
The Member warrants that the information registered in this App or the Service (hereinafter referred to as "Registered Information") is true and accurate data regarding the Member themselves.
The Member shall continuously update the Registered Information to ensure it is always current.

Article 3. Service Content

The Service can be used free of charge.
In providing the Service, the Company offers Members push notification services, and functions such as coupons, points, and ranks as determined by the Company. Furthermore, the Company considers that by using the Service, the Member has consented to receive these offerings.
The Member shall use the Service only within Japan.

Article 4. Formation of Sales Contract

A sales contract is formed when a Member applies to purchase products on the Online Shop via the method specified by the Company, and the Company expresses its acceptance through an [Order Confirmation Email], at the time said email reaches the Member.
Even if the Company receives an application as described in the preceding paragraph, the Company may refuse the application if it determines that any of the following applies:
1. There is a violation of these Terms.
2. There was a past violation of these Terms.
3. Delivery is requested outside of Japan.
4. A large quantity was ordered at one time.
5. The purchase is intended for resale.
6. The order was placed by impersonating a third party.
7. The Company is unable to contact the Member who placed the order.
8. It is clear that payment authorization cannot be obtained from the credit card company, there is unauthorized use or suspicion of unauthorized use of a credit card, or it is clear that payment by the Member is otherwise difficult.
9. In addition to the above, the Company determines that it is necessary to refuse the application.
The Company shall bear no responsibility for damages incurred by the Member due to product shortages, delivery troubles, etc.
Ownership of the products transfers to the Member upon completion of the product delivery.
Any loss, damage, alteration, or other harm to the products occurring after delivery shall be borne by the Member, except in cases caused by reasons attributable to the Company. However, if there are reasons attributable to the Company (excluding cases of willful misconduct or gross negligence), the Company shall be liable only for actual, ordinary, and direct damages (excluding special damages and lost profits, etc.) incurred by the Member.
Payment methods, delivery methods, methods for canceling purchase applications, or return methods for the Online Shop shall be as separately determined by the Company.

Article 5. Management of Authentication Information

To use the Service, each Member must set an email address and password (hereinafter referred to as "Authentication Information") to log in to the Service. The Member shall set a safe and appropriate password at their own responsibility and update it periodically.
The Member is responsible for the appropriate management of their own Authentication Information and shall not disclose it to or allow it to be used by third parties. If Authentication Information is leaked to a third party, there is a risk that unauthorized access to the Service may be performed by said third party, leading to the tampering of order information or the theft of Member information. If Authentication Information is leaked, used unauthorizedly, or there is a risk thereof, the Member shall immediately notify the Company.
When the Service is used with a Member's Authentication Information, such use is deemed to be by the Member themselves. The Member shall bear full responsibility to the Company and the seller for any consequences resulting from such use.

Article 6. Coupons

Members may obtain coupons through the Service based on conditions determined by the Company.
Rights to a coupon are evidenced only by the coupon voucher displayed or issued as a result of operations performed to obtain the coupon on the Service; any coupons issued by methods other than the Service are void.
When exercising a coupon, the Member shall present the coupon voucher to the Company.
The Member shall use the coupon voucher in accordance with the usage precautions, conditions of use, etc. (hereinafter referred to as "Conditions of Use"). Coupons that do not meet the Conditions of Use shall be void.
Conditions for setting coupons, etc., are determined by the Company, and the Company may newly establish, change, or terminate them at any time.

Article 7. Points and Ranks

Members can earn 1 point for every 100 yen (including tax) spent on purchases at physical stores operated by the Company and the Online Shop. When coupons or points are used, the amount after the application of such coupons or points will be the target amount for earning points.
When shopping at a physical store, points will be granted by presenting the barcode displayed on this App at the register during payment; points will not be added if the barcode is not presented.
Earned points can be checked on this App or the Online Shop.
Ranks fluctuate based on purchase amounts at stores and the Online Shop over the most recent one-year period.
All points expire one year after their respective acquisition dates.
If one individual has duplicate membership registrations, the Member cannot combine the points from each account.
Conditions for setting points and ranks, etc., are determined by the Company, and the Company may newly establish, change, or terminate them at any time.

Article 8. Transfer and Suspension of Membership

Members shall not transfer or assign any rights or obligations regarding the use of the Service to any third party.
Members may perform withdrawal procedures from the Service by following the method prescribed by the Company.
Upon performing withdrawal procedures, the Member shall lose all rights related to being a Member of the Service.
Even if the contract between the Company and the Member based on these Terms is terminated for any reason, the Member's obligations for damages, etc., toward the Company or third parties shall remain in effect.

Article 9. Prohibited Acts

When using the Service, Members shall not perform any of the following acts or acts that may lead to them:
1. Using information posted on the Service for purposes other than using the Service.
2. Reposting information posted on the Service externally (excluding information posted by the Member themselves).
3. Using the Service for commercial, religious, political, or any other purposes not approved by the Company.
4. Placing a large quantity of orders at one time.
5. Purchasing for the purpose of resale.
6. Using the Service by impersonating a third party.
7. Infringing upon the rights of the Company or a third party.
8. Slandering or defaming the Company or a third party.
9. Providing false information to the Service.
10. Causing disadvantage or damage to the Company, other Members, or third parties.
11. Acts contrary to public order and morals.
12. Acts in violation of laws and regulations.
13. Acts that interfere with the Company's operation of the Service.
14. Acts that damage or degrade the credibility of the Service.
15. Using the Service by methods not approved by the Company.
16. Unauthorized use of credit cards.
17. Transferring, lending, public transmission, or licensing the Service.
18. Reproducing, adapting, editing, modifying, disassembling, decompiling, or reverse engineering the Service.
19. Unauthorized access to the Service, or tampering/erasing data.
20. Sending or posting content containing harmful computer programs, etc., to the Service.
21. Acts in violation of these Terms.
22. Acts deemed inappropriate by the Company.
If the Company determines that a Member has performed any of the acts defined in the preceding paragraph, the Company may take measures it deems necessary, such as deleting Registered Information or temporarily or permanently suspending usage, and if the Company suffers damage due to such acts, the Member shall compensate for said damage.
The Company shall not be held liable for any disadvantage or damage incurred by the Member due to the provisions of the preceding paragraph.

Article 10. Service Provision Conditions and Restrictions

Members shall prepare information terminals such as smartphones, software, and communication means necessary to use the Service at their own expense and responsibility.
The Company may, when it deems necessary, change or discontinue all or part of the contents of the Service (including specifications, rules, design, visual expressions, effects, and all other matters) at any time without prior notice to the Member.

Article 11. Handling of Personal Information

The Company shall handle the personal information of Members acquired through the use of the Service in accordance with these Terms and a separately defined Privacy Policy.
The Company may delete information registered by the Member and information accumulated through the use of the Service without prior notice, only when the Company deems it necessary for the operation or maintenance of the Service. Furthermore, even if damage occurs to the Member or a third party due to said deletion, the Company shall not be liable except for damages caused by the Company's willful misconduct or gross negligence.

Article 12. Intellectual Property Rights

All rights related to the Service (ownership, intellectual property rights such as patents and copyrights, portrait rights, publicity rights, etc.) belong to the Company or a third party holding such rights. The Member shall not acquire any rights upon using the Service, and the Company grants the Member a non-exclusive, non-transferable license to use the Service solely on the Member's smartphone, etc., in accordance with these Terms, regarding the intellectual property rights related to the Service.
Members shall not perform acts that infringe upon any rights related to this App, including ownership, intellectual property rights, portrait rights, and publicity rights.

Article 13. Disclaimer

The Company does not guarantee the accuracy, safety, or usefulness of all information related to the Service. Even if damage is caused to a Member or a third party due to information related to the Service, the Company shall not be liable for such damage, except for damages caused by the Company's willful misconduct or gross negligence.
The Company shall not be liable for any damages to Members arising from the following reasons regarding the use of the Service, except for damages caused by the Company's willful misconduct or gross negligence:
1. Damages due to defects in the Service.
2. Effects or damages that the Service causes to the Member's smartphone, etc.
3. Damages resulting from the Member's inability to use the Service normally.
4. Damages resulting from flaws or failures in communication lines, system equipment, etc. (including those due to force majeure such as natural disasters), reduction in communication speed, communication line congestion, computer viruses, or claims made by third parties.
5. Damages resulting from reasons not attributable to the Company.

Article 14. Compensation for Damages

If a Member violates these Terms or causes damage to the Company or a third party through the use of the Service, the Member shall compensate for such damage at their own expense and responsibility.
If a Member suffers damage regarding the use of the Service, the Company shall be liable for compensation only if there is willful misconduct or negligence on the part of the Company. The scope of such compensation, except in cases of the Company's willful misconduct or gross negligence, shall be limited to direct and actual damages, excluding incidental damages, indirect damages, special damages, future damages, and lost profits, and shall be capped at the total amount (limited to the past 6 months) paid by the Member to the Company for the portion of the Service directly related to said liability.
This Article applies to all liability of the Company related to the Service, regardless of the legal basis, whether it be default liability, tort liability, contract non-conformity liability, or otherwise.

Article 15. Exclusion of Antisocial Forces

The Member declares that they do not fall under any of the following items and pledges that they will not fall under any of the following items in the future:
1. The Member or their officers (directors, executive officers, or auditors) are organized crime groups (Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991)), members of organized crime groups (Article 2, Item 6 of the same Act), persons for whom 5 years have not yet passed since they ceased to be members of organized crime groups, persons equivalent to these, or persons having a close relationship with organized crime groups or members thereof (hereinafter individually or collectively referred to as "Organized Crime Group Members, etc.").
2. The business conducted by the Member is recognized as being controlled by Organized Crime Group Members, etc.
3. In connection with the business they conduct, it is recognized that they use the influence of Organized Crime Group Members, etc., for the purpose of seeking unjust gain in property, or engage Organized Crime Group Members, etc., for the purpose of using their influence.
4. It is recognized that the Member is involved with Organized Crime Group Members, etc., by providing funds, supplying conveniences, or giving unjust preferential treatment.
5. The performance of this Contract promotes the activities of Organized Crime Group Members, etc., or contributes to the operation of organized crime groups.
The Company may immediately terminate this Contract without any notice or demand if the Member falls under any of the following:
1. If the Member violates paragraph 1.
2. If the Member, by themselves or through a third party, performs any of the following acts:
  1. Violent demands toward the Company or the Company's contractors.
  2. Unjust demands toward the Company or the Company's contractors that exceed legal responsibility.
  3. Threatening language or violent behavior toward the Company or the Company's contractors.
  4. Acts that damage the credit or interfere with the business of the Company or the Company's contractors by spreading false rumors, or using deceptive means or force.
  5. Other acts equivalent to the preceding items.
If the Company terminates this Contract under the provisions of the preceding paragraph, the Company shall not be liable to compensate for any losses, damages, or expenses incurred by the Member.

Article 16. Termination of Contract by the Company

If the Company determines that a Member falls under any of the following, the Company may immediately terminate this Contract without prior demand to the Member:

When the Member performs any of the acts in each item of Article 9 [Prohibited Acts], or otherwise violates these Terms, etc.
When the Member fails to perform necessary procedures or contact the Company as required by these Terms, etc.
When payment is suspended or becomes impossible, or when a petition for the commencement of bankruptcy, civil rehabilitation, or similar insolvency proceedings is filed.
When the Member receives a disposition of dishonor for a bill or check issued or accepted by them.
When there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction.
When the Member defaults on taxes and public charges and receives a preservation seizure.
When there is a serious act of breach of trust against the Company.
In addition to the preceding item, when the Company determines that a serious change has occurred in the Member's credit status.
Otherwise, when the Company reasonably determines that the Member's use of the Service is inappropriate.

Article 17. Change, Interruption, and Termination of Service

The Company may stop, change, suspend, or abolish all or part of the Service for any reason, without prior notice to the Member and without any compensation. Even if damage is caused to a Member or a third party due to such suspension, etc., the Company shall not be liable, except for damages caused by the Company's willful misconduct or gross negligence.

Article 18. Change and Revision of Terms

The Company may arbitrarily revise these Terms at any time and may establish additional provisions, conditions, etc., to these Terms. When changing these Terms, the Company will make known or notify the effective time and contents of the revised Terms by posting them on this App or by other appropriate methods. However, in the case of changes that require Member consent under law, the Company will obtain user consent through a method prescribed by the Company.

Article 19. Business Transfer, etc.

The Company may transfer the business related to the Service to a third party or have it succeeded by merger, etc., and may have the status under these Terms, rights and obligations, registered Member information, and all other information provided by the Member to the Company regarding the Service succeeded by the transferee of such transfer, etc., and the Member agrees to this without objection.

Article 20. Governing Law and Jurisdiction

The governing law for these Terms shall be Japanese law.
For any disputes arising in connection with the Service, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive agreed court of first instance.

Article 21. Contact Information

Our contact information regarding this App is as follows:
Sarutahiko Coffee Co., Ltd. Official App Customer Consultation Office
app@sarutahiko.co

Our contact information regarding the Online Shop is as follows:
Sarutahiko Coffee Co., Ltd. Online Shop Customer Consultation Office
onlineshop@sarutahiko.jp

These Terms shall be effective from March 1, 2023.
Established March 1, 2023

Sarutahiko Coffee, a specialty coffee shop in Ebisu, Tokyo.