Please read this terms of use agreement (the “Agreement”) before using Premium Delivery website (the “Website.”) By using Website users who have registered as a member (the “Member”) shall be regarded to agree to these terms and conditions. If you do not agree, you should immediately cease all usage of this website.
1. Definition of User
1．Users defined by Premium Delivery LLC (the “Premium Delivery” or “we”) are Member who have agreed the Agreement and completed its admission procedure, whom we have accepted, or temporary users who have agreed Agreement but not completed its admission procedure. Those temporary users are limited from using our service such that they are able to browse the Website but not able to order food via this service.
2．We have a right to refuse any users from using our service whenever we think it is necessary. Also, we have a right to disaffirm its membership upon the term No.9, even after its admission procedure.
2. Application of the Agreement
The Agreement applies to every scene which fits to the term No.1.
3. Alteration of the Agreement or Service
1．Premium Delivery reserves the right to modify or discontinue the Service with or without notice to Member. We shall not be liable to Member or any third parties when Premium Delivery LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Premium Delivery does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
2．When there are any alterations of such agreements or services, we will inform it to users via this website and it will become effective from then.
4. Compliance with the Agreement
Users must fully understand and comply with Agreement (including altered contents if it is altered.)
5. Receipt of Order Information
1．When user orders menu from our Member's Store via our website and Premium Delivery accepts its order, we will indicate its receipt of order information and its indication will effectively become the sign of receipt completion.
2．We will indicate its receipt of order information and send a receipt completion e-mail to the user's registered e-mail address simultaneously. You acknowledge that the receipt completion e-mail might be failed, delayed or undelivered for any reason whatsoever. We shall not be liable for any incurring damnification because of this.
6. Privacy Policy and Personal Information
Any provided information from users for using our service belong to Premium Delivery, and we will observe and indemnify it. For your personal information, you acknowledge that your personal information will be used in accordance with our Privacy Policy, especially user personal information will be provided to Premium Delivery and our contracted restaurants. Also, you acknowledge that altered Privacy Policy will be applied if the Privacy Policy is altered.
7. Observation of Member ID, Registered E-mail Address and Password
1．Users are responsible for observation of Member ID, E-mail address and password, therefore, any incurred obligation or liability will become users' own and Premium Delivery shall not be liable for any of those.
２．If you notice the possibility that your Member ID, E-mail address and/or password, you must immediately inform us, and we will suspend or delete its account after its notification. Also we shall not be liable for any damnification incurred by abuse of Member ID, E-mail address and/or password unless our response is significantly delayed.
8. Withdrawal from Membership
Member can delete its registered information (withdrawal from membership) via our website anytime. Once the information deleted, its Member ID will be deleted and it will not be restored.
9. Prohibited Uses and Deletion of Registration
Premium Delivery prohibits the following acts and if these are revealed, we will be able to cancel your order, delete your membership, and deny future use without any notice. In that case, its Member ID will be deleted and will not be restored. Also we shall not be liable for any incurred damnification whatsoever.
1．Register with false information when registration or using service
2．Membership abuse for commercial purpose
3．Violation of public order and morality
4．Violation of law
5．Unauthorized reprint or redistribution of our property
6．Abuse of your and/or other person's membership ID, E-mail address and/or password
7．Sabotage of Member Stores' or our business
8．Any inadequate acts such as sending spam E-mails
9．Any sabotages that obstructs us to manage our website
10．Case of that registered E-mails or phones are disconnect or void
10. Usage of Provided Information
Users may use information obtained by our website for private purpose only. For other reasons, users may not use such information whatsoever unless Premium Delivery explicitly authorize it.
11. Copyright and Trademark
1．All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements will all rights reserved, or is the property of Premium Delivery LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Premium Delivery LLC is strictly prohibited. Premium Delivery LLC has a right to litigate for any incurred indemnification related to the above.
2．Premium Delivery prohibits Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Premium Delivery LLC.
12. Limitation of Liability
1. Premium Delivery LLC shall not be liable for any damages whatsoever, and in particular Premium Delivery LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Premium Delivery LLC has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.
13. Alteration of Our Website
1．Premium Delivery alter or discontinue our services without obtaining user's authorization.
2．We shall not be liable for any possible liability or damnification incurred by any reasons of the above.
14. Abeyance and Discontinuation of Service
Premium Delivery may partially or fully suspend or discontinue our service without obtaining user's authorization when corresponds with the followings.
1．When it needs to protect or update our website or network system, and/or when it is emergency.
2．When it is difficult to provide our service due to accidents such as fire, electric outage or disaster, and any unexpected accidents.
15. Disclaimer
The site is provided by Premium Delivery LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Premium Delivery LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Premium Delivery LLC shall have no liability for any interruptions in the use of this Website. Premium Delivery LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
16. GOVERNING JURISDICTION OF THE COURTS
Our website is operated and provided in Japan. As such, we are subject to the laws of Japan, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of Japan.