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Terms of Use and Order Agreement

Introduction
This agreement applies to the visiting chef service "Delivered Ristorante" (hereinafter referred to as "this service") provided by 2JOY Co., Ltd. (hereinafter referred to as "our company"). It stipulates various conditions for the user when using this service. When using this service, the user is deemed to have understood and agreed to the contents of this agreement. Please read carefully the contents of this agreement, the privacy policy, and other provisions.
Article 1 About this service
  1. This service is intended to introduce chefs who will be entrusted with tasks such as cooking, shopping, and preparation (hereinafter referred to as "these tasks") by those who have applied for the use of this service (hereinafter referred to as "users").
  2. When using this service, the person who needs these tasks should be the applicant and make a quotation and application.
  3. When a user identifies a chef by this service and applies, and the chef accepts this through our company, a contract for these tasks (hereinafter referred to as "this transaction") is established between the user and the chef. Our company only introduces chefs and does not undertake the obligation to perform these tasks.
Article 2 Establishment of transaction
  1. Those who use this service can apply for this service by notifying our company of the following matters in the manner specified by our company.
    1. Name of the chef who wishes to provide these tasks, date and time, and number of orders
    2. Name of the user who receives these tasks and their contact information
    3. Information necessary for payment of consideration for using this service, such as credit card number
    4. Other matters deemed necessary by our company
  2. This transaction is established when the chef, through our company, notifies the user of the intention to accept the application in the previous paragraph.
  3. Our company may not respond to the application for use of this service in the following cases.
    1. When the application for this service is not in accordance with this agreement.
    2. When the date and time desired by the user for the chef who wishes to provide these tasks has already been ordered by other users.
    3. When the chef who wishes to provide these tasks is not available in the area/date and time desired by the user, or when our company determines that it is difficult to provide.
    4. When the user provides false information to our company, or when our company determines that there is a possibility of doing so.
    5. When it is recognized that the user is involved in antisocial groups or is likely to engage in acts that violate public order and morals.
    6. In other cases where our company determines that the application for this service is inappropriate.
Article 3 Payment of fees
  1. Our company will receive the price of these tasks paid by the user on behalf of the chef, and when this transaction is established, the user will pay the total amount of the price of these tasks presented in this service within the deadline specified by our company, in the method specified by our company.
  2. If the payment method is bank transfer and payment is not made by the deadline specified by our company, the effect of this transaction will be lost.
  3. In addition to the preceding paragraph, based on prior notice from the chef, there may be a burden of transportation costs (actual expenses). Regarding transportation costs, if it takes more than 10 minutes on foot from the nearest station to the service provision location, the taxi actual cost (round trip) from the nearest station will be received on the day, and if the service provision location is far away, the transportation cost to the nearest station (actual cost) may also be incurred.
Article 4 Cancellation by User
  1. The user may cancel all or part of the order for this service by applying to our company in the manner specified by us. If the user cancels an order, the following cancellation fees will apply, depending on when our company accepts the cancellation request:
    • On the day of the chef's visit: 100% of the fee.
    • From the day before to 5 days before the chef's visit: 100% of the fee.
    • 6 days or more before the chef's visit: 0% of the fee.
    *Please note that we cannot be reached by phone after 18:00.
    If you cannot reach us, please contact us by email or LINE.
  2. If the user has already paid the selling price and requires a refund, the balance after deducting the cancellation fee from the previous section and a uniform refund processing fee of 1,100 yen will be refunded.
  3. If the user is not present when the chef providing this service visits at the designated date and place, the service is considered to have been cancelled on the day.
  4. When cancelling this service, no refund will be given even if the price has already been paid, and if it has not been paid, the cancellation fee will be charged according to section 2.
Article 5 Cancellation by Our Company
  1. We may cancel this service in the following cases where there is a reason attributable to our company:
    1. If we determine that the visiting chef is unable to visit due to reasons such as illness.
    2. If we determine that the visiting chef is unable to visit due to other circumstances of our company.
  2. When we cancel the service according to the provisions of the previous section and if the price has already been paid, we will refund it.
  3. We may also cancel this service in the following cases where there is a reason attributable to the user:
    1. If we determine that any of the items in Article 2, Section 3 applies or may apply.
    2. If the user has made violent, threatening, or intimidating demands, or has demanded an unreasonable burden on our company or the chef, or if it has been discovered that the user has engaged in similar behavior in the past.
    3. If the purchaser is suffering from a disease that could be contagious or infectious, or if there is a possibility of suffering from such a disease, or if there is an abnormality in the purchaser's health or mental condition, or any other circumstances that may hinder the provision of this service.
  4. When we cancel the service according to the provisions of the previous section, no refund will be given even if the price has already been paid, and if it has not been paid, the cancellation fee will be charged according to Article 4, Section 2.
Article 6 Notification of Changes to User Information
  1. After applying to use this service, if there are any changes to the information declared at the time of application, the user shall promptly notify our company of the facts of the changes in the manner specified by our company.
  2. We will not be responsible for any disadvantages, such as the inability to notify the user, due to the lack of changes in the notification items in accordance with the provisions of the preceding section.
Article 7 Changes to the Use of this Service
  1. The user may change the content of this service by applying to our company in the manner specified by us.
  2. If the number of orders increases, the user will pay the amount for the increased number of people by the date specified by our company in the manner specified by us.
  3. If the number of orders decreases, a cancellation fee will be incurred for the decreased number of people, in accordance with Article 4, Section 2.
  4. If the order chef, the date and time of provision of this service, or the place of provision of this service is changed, a cancellation fee will be incurred in accordance with Article 4, Section 2.
  5. If other usage content is changed, a cancellation fee will be incurred in accordance with Article 4, Section 2.
Article 8 Tools Needed to Provide This Service
  1. The tools necessary for providing this service will, as a rule, use the tools available at the location where the service is provided.
  2. However, the chef providing this service may also bring in tools owned by the chef, at the chef's discretion. Information about the tools necessary for providing this service will be provided in advance to our company and the responsible chef.
Article 9 Prohibitions

Users shall not engage in the acts listed below. Furthermore, if we determine that a user is likely to engage in any of the following acts, we may take measures such as suspending use without prior notice to the user.

  1. Requesting a quote despite there being no necessity for this service
  2. Requesting a quote for market research or price checking purposes
  3. Impersonating someone else
  4. Using this service while pretending to be someone else
  5. Applying, declaring, or entering false information about the user
  6. Actions such as demanding beyond the scope of the service or harassment towards the chef
  7. Actions that obstruct the operation of our service or our business
  8. Actions that cause nuisance, disadvantage, or damage to our company, other users, or other third parties
  9. Acts that infringe on the copyrights, trademark rights, property, portrait rights, privacy, or other rights of our company, other users, or other third parties
  10. Acts linked to fraud and other crimes
  11. Involvement with antisocial forces as prohibited in Article 17
  12. Acts that violate laws and public order and morals
  13. Acts that hinder the operation of this service
  14. Acts that encourage the acts defined in the preceding items
  15. Acts that we determine could fall under the preceding items
  16. Other actions that we determine are inappropriate
Article 10 Prohibition of Direct Transactions
  1. Users of this service, or those who have received this service, shall not ask those who are registered as chefs through this service to directly provide the service, and they shall not engage in direct transactions with the chefs themselves or through a third party.
  2. Those who violate the preceding paragraph shall be obliged to pay our company a penalty of 100,000 yen.
Article 11 Suspension of Use

Without giving prior notice to the user, we may suspend the provision of this service in the following cases:

  1. When the user has violated the prohibitions as per Articles 9 and 10
  2. When the user has violated the obligations as a user set forth in these terms and conditions
  3. When we determine that it is inappropriate as a user
Article 12 Suspension of Service and Termination of Business
  1. We may suspend the provision of this service, or stop the provision of the main business in the following cases:
    1. When carrying out maintenance or construction of equipment
    2. When carrying out system maintenance for this service
    3. In case of natural disasters, epidemics, or other force majeure, where social infrastructure such as transportation networks and logistics do not function normally
    4. Other cases where the provision of the main business is practically impossible
  2. In the case where the situation that makes it practically impossible to provide the main business is temporary (such as a typhoon) and it becomes clear by the day before the scheduled service delivery day, we and the user can agree to stop the provision of the main business in advance and reschedule the service within two months from the scheduled service delivery day with the same chef and order contents.
  3. When we have stopped the provision of the main business based on the provisions of the preceding paragraph, we and the purchaser will discuss in good faith about the refund of the consideration for this service.
Article 13 User's Responsibility
  1. Users shall use this service in accordance with not only these terms but also the contents we notify from time to time.
  2. If a dispute arises between the user and another third party due to the use of this service, or if the user causes damage to a third party, the user shall compensate for the damage or resolve the dispute at their own expense and responsibility, and shall not cause inconvenience or damage to us.
  3. If the user violates these terms and causes damage to us through illegal actions, the user shall be responsible for compensating us for the damage, stop using this service, and take measures to prevent recurrence.
Article 14 Our Responsibility
  1. We will strive to ensure that this service operates smoothly and continuously.
  2. We shall not be liable for any damages incurred by users in relation to the use of this service, including liability for non-performance of obligations, tort liability, and other legal liabilities.
Article 15 Limitations, No Warranty, and Disclaimer

We shall not be obligated to compensate for any damages, costs, etc. incurred by the user due to the following limitations and disclaimers, regardless of whether or not we are at fault.

  1. Details such as date and time, menu provided, chef in charge, and cost related to the execution of this service must be thoroughly discussed and decided with the chef.
  2. If there are any restrictions on the execution of this service, such as allergic ingredients, dislikes, inability to use fire, or inability to emit smoke, you must inform the chef in advance.
  3. This service does not guarantee the skills or credibility of the chef, and it is the user's responsibility to judge the chef's credibility. Therefore, we cannot be held responsible if the user suffers any damage due to the actions of the chef.
  4. It is not guaranteed that the cooking and cleaning performed as part of this service will be completed within a certain time frame.
  5. This service may be suddenly cancelled due to the chef's poor health or accident. In such cases, we obligate that the already paid fees will be refunded, but no additional compensation or damages will be provided. We cannot guarantee that the chef will fulfill this obligation.
  6. We require chefs to strictly manage user information, but we cannot guarantee how chefs will actually use or manage the information. Even if the user suffers damage due to inappropriate use of information by the chef, we cannot compensate for it.
  7. We will take reasonable security measures to prevent leakage of user information to the outside, but we do not guarantee that the information provided by the user to us will not leak. We shall not be liable for any damages incurred by the user in connection with the use of this service, including liability for breach of contract and tort liability.
Article 16 Confidentiality
  1. In this agreement, confidential information refers to information stored in this service by the user, personal information disclosed by the user to us, and other information explicitly disclosed as confidential, regardless of the means of communication, before or after the start of use of this service. However, the following information is excluded, but personal information is not limited to items ② to ④.
    1. Information agreed in writing to be excluded from confidential information after the conclusion of this contract.
    2. Information that was publicly known before disclosure or that became publicly known after disclosure through no fault of the recipient of the information.
    3. Information owned independently or developed independently.
    4. Information obtained from a third party without obligation to keep it confidential.
  2. In this agreement, personal information refers to information about an individual (regardless of life or death), including the name, date of birth, and other descriptions that can identify a specific individual (including information that can be compared with other information and identified as a specific individual).
  3. We shall not disclose or leak confidential information to third parties except when providing information for the execution of this service. However, this does not apply in the following cases:
    1. When there is a request for disclosure based on Article 218 of the Code of Criminal Procedure or other laws.
    2. When disclosing information necessary for lawyers, certified public accountants, tax accountants, and others who have a legal duty of confidentiality to perform their duties entrusted by us.
Article 17: Protection of Personal Information
  1. Our company has the right to copy and store personal information for the necessary duration to ensure the smooth provision of this service.
  2. Our company complies with laws related to the protection of personal information, and all executives and employees recognize the importance of the personal information they handle, and take rational safety management measures to prevent leakage, theft, alteration, loss, and damage.
  3. Our company will not disclose or provide personal information to anyone other than the individual and the introduced chef, and shall not use it beyond the range necessary for the provision of this service. However, this does not apply if there are exceptions under the law.
  4. For matters concerning personal information not stipulated in these terms, our company's privacy policy shall apply.
  5. In providing this service, our company strives to handle personal information in compliance with relevant laws and our privacy policy, and our company imposes the same obligations on chefs involved in the execution of this service.
Article 18: Exclusion of Antisocial Forces

Our company and users guarantee that they, their groups, their executives or those equivalent to executives, major shareholders, and main trading partners (hereinafter referred to as "group and related parties") are not antisocial forces (organized crime groups, sokaiya, etc., groups or individuals who pursue economic benefits by using violence, power, and fraudulent methods, including individuals and groups who cooperate with or are involved in the fundraising activities of organized crime groups by providing funds to, or operating funds received from, organized crime groups and returning the profits to them) and that there are no facts that antisocial forces are involved in management activities, that the group and related parties are cooperating or involved in the maintenance and operation of antisocial forces through funding and other actions, and that the group and related parties intentionally have interactions with antisocial forces.

Article 19: Changes to the Terms

Our company can change these terms by notifying the users. If there is any objection to the change of these terms, the user shall promptly notify our company to discuss the response.

Article 20: Method of Inquiry, Notification, and Contact

Inquiries about this service, notifications or contacts from users to our company, notifications about changes to these terms, and other contacts to users, shall be made in the manner prescribed by our company.

Article 21: Transfer of Rights
  1. Users may not transfer, pledge, or otherwise dispose of any rights or obligations arising in connection with this service, and any or all of the positions under the contract, to a third party.
  2. Our company may transfer all or part of this service to a third party at our discretion.
  3. In the case of a transfer of this service according to the previous paragraph, our company may transfer all rights and obligations based on these terms through inheritance, sale, merger, etc. Also, in this case, users are considered to have previously agreed that our company may disclose the user's personal information, etc., to the transferee.
Article 22: Governing Law

The enforceability, interpretation, and validity of these terms shall be determined in accordance with Japanese law.

Article 23: Jurisdiction

For any disputes related to this service, the Osaka District Court shall be the exclusive jurisdiction of the court of first instance.

Article 24: Consultation

In case of any matters not stipulated in these terms or in case of any doubts, our company and the users shall discuss and strive for amicable resolution.