About “SmileMenu” Terms of Use

Enactment Date: January 21st, 2020
Last updated: May 15th, 2020

Agreement to Terms of Use

Before using the “SmileMenu” website operated by Food Allergy Japan (hereinafter referred to as “FAJ”), please carefully read and agree to the terms of use specified below. Please refrain from the use if you cannot agree to the terms We assume that, by using the website, you have agreed to all of the terms and conditions below. If separate terms of use are specified in each area of the website, carefully read and agree to those terms before using each area.

Scope of Terms of use

  1. These terms of use (hereinafter referred to as "Terms") apply to the use of the information service using the “SmileMenu” Website and various Internet services provided by FAJ (hereinafter collectively referred to as "Service").
  2. Various provisions FAJ may specify separately from the Terms will each constitute a part of the Terms.
  3. If any provision in the preceding paragraph is inconsistent with the corresponding provision of the Terms, the provision of the Terms will prevail.

Amendment of Terms of Use

  1. FAJ may amend the Terms without obtaining Customers' agreement. In this case, the terms of use of the Service shall conform to the latest version of the Terms after change; accordingly, please check the details of the latest terms.
  2. The amended Terms shall come into effect the moment they are displayed on “SmileMenu” Website, unless otherwise specified by FAJ.

Website Browsing Environment

  1. You must provide at your own responsibility and expense all communications equipment, software, telephone service agreement, Internet access agreement, etc., needed to use the Service. You are also responsible for the payment of communication charges, connection fees, etc., incurred in connection with the use of the Service.

User's Obligations/Responsibilities

When using the Service, Customers must not perform any of the following acts.

  1. An act of actually or potentially infringing upon any right of FAJ or its affiliate, etc.
  2. An act of actually or potentially infringing upon any property of FAJ or its affiliate, etc.
  3. An act of actually or potentially inflicting any loss on FAJ or its affiliate, etc., in addition to what is classified under (1) or (2) above.
  4. An act of using or providing any computer virus or other harmful program through or in connection with the Service.
  5. An act of actually or potentially interfering with the operation of the Service in an unreasonable manner, thereby causing disadvantage to FAJ.
  6. An act of infringing upon any intellectual property right such as copyright, or any other right, of FAJ or a third party.
  7. An act of slandering/defaming or tarnishing the honor or credibility of FAJ or a third party.
  8. An act of interfering with the use of the Service by another user.
  9. An act of actually or potentially infringing upon any property, privacy, portrait right or publicity right of FAJ or a third party.
  10. An act of actually or potentially violating the public order and moral.
  11. An act of actually or potentially violating the law.
  12. A criminal act, an act that leads to a criminal act, or could potentially lead to a criminal act.
  13. An act of obtaining information from this website manually or through using a computer program (e.g., software) and editing/duplicating that information for business purposes without permission from FAJ.
  14. Other acts deemed inappropriate by FAJ.

Handling of Problems Attributable to the User

  1. If FAJ or its affiliate incurs any loss as a result of an act against the Terms herein or fraudulent or illegal act on the part of the customer, the customer may be asked to compensate for the loss.
  2. FAJ assumes no responsibility for any conflict arising between the customer and a third party, or loss inflicted by the customer on a third party, as it will be resolved at the responsibility and expense of the customer.

Indemnity of the Provider

  1. FAJ strives to provide reliable information to the users, but FAJ does not guarantee the quality of service in terms of compliance, integrity, accuracy, security, legality, recency and any other aspect of information.
  2. All users are asked to use the “SmileMenu” Website at their own responsibility.
  3. FAJ assumes no responsibility for any loss arising out or of in connection with use or inability to use the “SmileMenu” Website, except when the loss is attributable to an intentional act or gross negligence on the part of FAJ.
  4. The customer agrees that the legal liability including defect warranty pertaining to any service, product, etc., provided by an affiliate, etc., under the Service (hereinafter referred to "Service, Etc.") belongs to the affiliate, etc., that provided the service, etc.
  5. FAJ assumes no responsibility for any and all losses resulting from any software or hardware accident arising out of or in connection with use of the “SmileMenu” Website, failure of the communication environment, trouble arising between the customer and a third party, or any other accident.
  6. The SmileMenu operated by FAJ defines a disclaimer as a precondition for using allergen information for food allergies on the website and in stores. And SmileMenu stipulates that the users for website information and the users actually using the store by referring the information consent to the contents. The customer agrees that the "Preconditions and Disclaimer" is a premise for using the SmileMenu service.

Shutoff/Temporary Suspension/Change of/to the Provider's Site

  1. FAJ may end any part of the Service without giving a prior notice to the customer.
  2. FAJ assumes no responsibility for any disadvantage or loss suffered by the customer in connection with the change, etc., in the preceding paragraph.
  3. If any of the following reasons exists, FAJ may temporarily suspend or shut off the Service, in part or in whole, without giving a prior notice to the customer:
    1. To conduct periodic or emergency maintenance/inspection or update of any equipment or system used to provide each service.
    2. Providing each service is difficult due to fire, power outage, act of God or any another force majeure.
    3. Service by class 1 telecommunications carrier is not provided.
    4. FAJ has otherwise determined that each service must be temporarily suspended or shut off, or providing each service is difficult, for operational or technical reasons.
  4. FAJ assumes no responsibility for any disadvantage or loss suffered by the user or a third party as a result of temporary suspension, shutoff, etc., of each service.

Handling of User Information

FAJ handles the customer's personal data based on the Privacy Policy presented separately, and the customer is asked to carefully read and agree to this policy before using the Service.

Intellectual Property Rights (Copyrights, Trademarks, Etc.)

  1. All copyrighted works, images, characters, marks and other information are properties in or to which FAJ or their respective providers have a copyright or other intellectual property right or other right of use or any other right. Downloading, printing or otherwise reproducing the “SmileMenu” Website is permitted only for private use by an individual or at home. Do not use (copy, upload, feature, quote, etc.) any of the information and programs within the “SmileMenu” Website on other websites or in other printed matters. Also, do not use without permission any of the contents featured on the “SmileMenu” Website beyond the extent permitted by the Copyright Act.
  2. All rights to or in the trademarks and service marks displayed on the “SmileMenu” Website belong to FAJ or other rights holders who authorized FAJ to use these marks. Do not use these marks without permission of their respective rights holders.

Links from the Provider's Site

If you wish to provide a link to the “SmileMenu” Website, please contact FAJ individually. FAJ will contact you separately.

Governing Laws, Conflict Resolution and Jurisdiction Court

Conclusion, effectiveness, performance and interpretation of any agreement pertaining to the Terms and Use of the Service are governed by the laws of Japan.

  1. If a conflict arises between FAJ or its affiliate, etc., and the customer in connection with any agreement pertaining to the Terms or Use of the Service, the parties will discuss in good faith and strive to resolve the conflict.
  2. It is agreed that if a conflict arises with FAJ regarding the Terms or Use of the Service, the Tokyo District Court will serve as the exclusive jurisdiction court.