These terms of service (hereinafter referred to as "these terms") stipulate the rights and obligations between MealStay Co., Ltd. (hereinafter referred to as "our company") and users, as well as between users themselves, regarding the service "MealStay" (hereinafter referred to as "this service") provided by MealStay Co., Ltd. Please read the entire text of these terms and conditions and agree to all of them.
Chapter 1 Purpose of the Service and Definitions of Terms
Article 1 (Purpose of the Service)
1 The purpose of the Service is to provide an opportunity to make a trip more fulfilling by providing a place to match users who are traveling with attendants who are familiar with the restaurant scene at their travel destination.
2 The purpose of the Service is not to provide an opportunity to date members of the opposite sex.
Article 2 (Definition of Terms)
The definitions of terms used in these Terms are as follows:
(1) "User" refers to all people who use the Service.
(2) "Attendant" refers to a User who uses the Service to dine with Users who are traveling and play a role in supporting the User to make the most of their trip.
(3) "General User" refers to a User who does not fall under the category of an Attendant.
(4) "Gender" refers to the User's legal male/female status if the User is Japanese, and to the User's biological male/female status if the User is not Japanese.
(5) "Male" refers to a person whose gender is male.
(6) "Female" refers to a person whose gender is female.
(7) "Anti-social forces, etc." refers to any of the following:
A. The user or a related party belongs to, or has belonged to within the past five years within, the mafia, a gang, an organized crime group, a terrorist organization, an armed group, a drug cartel, or any other criminal organization or hate speech organization.
B. The user or a related party takes unfair advantage of the person specified in A.
C. The user or a related party provides funds or convenience to the person specified in A.
D. The user or a related party has a relationship with the person specified in A that is socially reprehensible.
E. The user or a related party commits or has committed in the past threats, violence, or other unreasonable demands, acts of defamation, slander, or acts of obstruction of business (including acts equivalent thereto) against the operator or its related parties.
(8) "Hate speech organization" refers to an organization whose activities are aimed at unfair discriminatory behavior with the intention of promoting or inducing discriminatory attitudes.
(9) "Dining out" refers to having a meal at a restaurant with another user who has been matched with you.
(10) "Matching" refers to an agreement made through the Service between an attendant and another user to dine together at a restaurant on a specific date and time.
(11) "Matching conditions" refers to the conditions for a meal specified when applying for matching, and is set forth in each item of Article 10 (Matching), Paragraph 1, Article 7 (Attendant Registration), Paragraph 2, Paragraph 3 (Amount of attendant fee required of users who dine together), and Paragraph 5 (Conditions required of users who dine together).
(12) "Attendant fee" refers to the money paid to the attendant by a user who dine with the attendant as a reward (including the system fee paid by the attendant to the Company).
(13) "Companion" refers to a person who accompanies the attendant to a meal.
(14) "Message" refers to the content of communication in the message function.
(15) “Message Function” refers to the function that enables users who have been matched to communicate with each other through the Service.
Chapter 2 User Registration
Article 3 (User Registration)
1 When using the Service, Users must register in advance.
2 When registering as a User, Users must accurately register their nickname, gender, age group, photo, and other information requested by the Company, using the method specified by the Company.
3 Users who fall under any of the following categories cannot register as a User.
(1) You are under 18 years of age or a minor under the laws of your home country.
(2) You are an adult ward, a person under guardianship, or a person under assistance, and have not obtained the consent of your adult guardian, guardian, or assistant.
(3) You have previously violated the terms of use or engaged in other illegal acts in this service or other services provided by our company.
(4) You are a member of an anti-social force, etc.
(5) You have a criminal record (including crimes committed outside of Japan).
(6) You intend to use this service for purposes that go against the purpose of this service as set forth in Article 1 (Purpose of this service), such as dating with the opposite sex, political or religious solicitation, sales activities, or other purposes.
(7) You are otherwise not suitable to be a user of this service in light of the purpose of this service as set forth in Article 1 (Purpose of this service).
4 Users cannot register under multiple names.
Article 4 (Cancellation of User Registration)
If a user falls under any of the following (including cases where the Company suspects that such a case exists), the Company may cancel the user registration of the user. In such cases, the attendant registration made by the user as an attendant will also be cancelled.
(1) If you violate the provisions of Article 3 (User Registration) Paragraph 2 or Article 6 (Application to become an Attendant) Paragraph 2
(2) If it is discovered that you fall under any of the provisions of Article 3 (User Registration) Paragraph 3 (including cases where you fall under any of the provisions after completing user registration)
(3) If you violate these Terms and Conditions
(4) If you use this service for purposes that go against the purpose of this service as set out in Article 1 (Purpose of this service), such as dating with the opposite sex, political or religious solicitation, sales activities, or any other purpose
(5) If you cause trouble with other users and the Company determines that it is inappropriate for you to continue using this service
(6) If you have engaged in any other conduct that is inappropriate for a user of this service in light of the purpose of this service as set out in Article 1 (Purpose of this service).
Article 5 (Withdrawal)
1 A User may apply for withdrawal from our company only if he/she has been matched with another User and there is no case in which a meal has not yet been completed.
2 When a User withdraws from our company, the attendant registration made by that User as an attendant will be deleted.
Chapter 3 Attendant
Article 6 (Application to become an attendant)
1 In order to become an attendant, in addition to user registration, the user must apply to become an attendant in a manner specified by the Company.
2 When applying under the preceding paragraph, the user must register without any errors, along with their real name and address, and a photograph of the identification document specified by the Company in a manner specified by the Company.
3 When the Company receives an application from a user under paragraph 1, the Company will review whether or not to approve the user as an attendant, taking into account the following points. The user will be notified of the results of the review.
(1) Whether there are circumstances that would raise doubts that the User falls under any of the items of Article 3, paragraph 3 (User Registration)
(2) How many existing attendants exist in the area in which the User wishes to work as an attendant
(3) Whether it is otherwise appropriate to allow the User to work as an attendant, taking into account the purpose set forth in Article 1 (Purpose of the Service)
4 Even if the User is not approved as an attendant as a result of the screening set forth in the preceding paragraph, the reason will not be disclosed. Furthermore, the User may not raise any objection whatsoever to the results of the screening.
5 The User can become an attendant by being approved as an attendant by the Company as a result of the screening set forth in paragraph 3.
6 If any change occurs to the information registered as set forth in paragraph 2, the registered contents must be promptly updated.
Article 7 (Attendant Registration)
1 Attendants may register as attendants by the method specified by the Company.
2 When registering as an attendant, the following items must be registered. After the completion of the attendant registration, the items will be made public on the Service along with the attendant's real name and photograph.
(1) City/ward/town/village where meals can be held
(2) Languages that can be used during meals (A distinction must be made between languages that can be used for fluent daily conversation and languages that do not reach that level but can be used to a certain degree.)
(3) The amount of attendant fee required for users who have meals (Can be specified within the range specified by the Company.)
(4) Time periods during which meals can be held
(5) Conditions required for users who have meals
(6) Other items that the Company requests to be registered
3 When registering as an attendant, in addition to the items specified in paragraph 2, the attendant must register the financial institution account information into which the attendant fee will be deposited.
4 When registering as an attendant, one accompanying person can be registered. Information about accompanying persons will be made public on the Service after the Attendant registration is complete. When registering accompanying persons, the Attendant must obtain the accompanying person's consent to the personal information being made public on the Service in advance.
5 Our company may cancel the registration of an Attendant that falls under any of the following:
(1) Registration information contains errors.
(2) The areas designated as cities, wards, towns, and villages where meals can be taken are clearly far from the address of the attendant.
(3) The conditions required of users who take part in meals are inappropriate in light of the purpose of the Service set out in Article 1 (Purpose of the Service).
(4) Contains any of the following expressions.
A. Expressions that constitute criminal acts or encourage or induce criminal acts.
B. Expressions that infringe on the reputation, privacy rights, or other rights and interests of others.
C. Expressions that criticize, defame, intimidate, confuse, deceive, or discriminate against others.
D. Obscene or other sexual expressions.
E. Expressions that cause discomfort to others.
F. Expressions intended to promote relationships with the opposite sex, political or religious solicitations, or business activities.
G. Expressions intended to interfere with the operation of our services.
H. Expressions intended to request the transfer or loan of money or goods. Expressions that violate these Terms. Expressions that are inappropriate in light of the purpose of the Service as set out in Article 1 (Purpose of the Service).
Article 8 (Removal of Attendant Status)
1 If an attendant falls under any of the items in Article 4 (Cancellation of User Registration) (only if, in consideration of the circumstances, the circumstances do not reach a level that requires the cancellation of the user registration), the Company may take measures to remove the attendant's status as an attendant and change the attendant to a general user.
2 If an attendant causes trouble with another user and the Company judges it inappropriate for the attendant to continue his/her activities, the Company may take measures to remove the attendant's status as an attendant and change the attendant to a general user.
3 If the Company takes measures against an attendant under the preceding two paragraphs, the Company will cancel the attendant's registration. In this case, if the dinner party related to the attendant's registration has not been held, the Company will refund the full amount of the attendant fee to the user only upon request from the user who paid the attendant fee.
Article 9 (Change to General User)
1 An attendant may apply to the Company to become a general user only if there are no matching cases that have not yet been completed.
2 If an attendant becomes a general user through the application in the preceding paragraph, the attendant's registration will be cancelled.
Chapter 4 Matching
Article 10 (Matching)
1 A user (hereinafter referred to as "Traveler" in this chapter) may apply for matching by specifying all of the following items in a manner specified by the Company. In this case, a match under the specified conditions will be established when the attendant accepts the application in a manner specified by the Company.
(1) Date and time of the meal
(2) Area of the meal (limited to the area designated by the attendant as a city, ward, town or village where meals can be held in the attendant registration).
(3) Number and gender of accompanying persons (limited to 3 people or less) who will dine with the traveler (hereinafter, travelers and accompanying persons are collectively referred to as "Travel Members" in this chapter).
2 The Company restricts the establishment of a match to a combination of 1 male and 1 female for travel members, attendants and accompanying persons, and taking into account the number of females and males.
3 Matching conditions may be changed by the day before the meal with the consent of both the traveler and the attendant, in a manner specified by our company. However, this only applies if the changed matching conditions meet the conditions set out in paragraph 1 and do not violate the restrictions in paragraph 2.
4 When matching is established, the traveler must provide the attendant with a photograph of his/her face via the message function. The attendant must not provide or disclose said image to any third party other than the traveler accompanying the traveler.
Article 11 (Payment)
1 When matching is established, the traveler must pay the attendant fee, the amount of which the attendant specified in the attendant registration, to the attendant by credit card in a manner specified by the Company.
2 The Company will receive the attendant fee from the traveler on behalf of the attendant. The attendant will grant the Company and the payment service provider commissioned by the Company (meaning a person who operates a payment service, collection agency business, or other similar business; the same applies below) the authority to receive the attendant fee.
3 The attendant agrees in advance that if the traveler pays the attendant fee to the Company or the payment service provider commissioned by the Company, the attendant will lose the right to charge the attendant fee to the traveler.
4 The attendant cannot charge the attendant fee or any other fee to the traveler in any manner other than as specified in this Article.
5 If payment of the attendant fee as provided for in this Article is not completed at the time when the matching is established, the matching will become void.
Article 12 (Message Function)
1 Travelers and attendants may use the message function from the time when matching is established and payment of the attendant fee is completed as specified in Article 11 (Payment) until the dinner date (meaning the dinner date specified in the matching application; the same applies below).
2 Only messages that fall under any of the following may be exchanged in the message function.
(1) Coordination of the restaurant to be used for the dinner
(2) Self-introductions of travel members, attendants, and accompanying persons
(3) Coordination of the meeting place for the dinner
(4) Greetings
(5) Other content related to (1) to (4)
3 Messages that include any of the following expressions may not be exchanged in the message function.
(1) Expressions that constitute a criminal act or that encourage or induce a criminal act.
(2) Expressions that infringe on the reputation, privacy or other rights and interests of others.
(3) Expressions that criticize, slander, intimidate, confuse, deceive or discriminate against others.
(4) Obscene or other sexual expressions.
(5) Expressions that cause discomfort to others.
(6) Expressions intended to encourage relationships with the opposite sex, political or religious solicitations, or business activities.
(7) Expressions intended to interfere with the operation of our services.
(8) Expressions intended to request the transfer or loan of money or goods.
(9) Expressions that violate these Terms of Use.
(10) Other expressions that are inappropriate in light of the purpose of the Service set out in Article 1 (Purpose of the Service).
4 The Company may check the contents of messages in order to monitor whether messages that violate Paragraphs 2 or 3 are being exchanged in the Message Function and whether places prohibited in Article 13 (Places that may be used for dining) are not designated as dining locations. Users must agree to such checks before using the Message Function.
Article 13 (Places that may be used for dining out)
Places for dining out are limited to restaurants that do not fall under the category of "adult entertainment business" as defined in the Act on the Control and Proper Management of Amusement and Amusement Businesses, etc.
Article 14 (Meals)
1 Meals must be held on the date and time specified as the matching conditions, and must be limited to one hour.
2 Meals cannot be held unless all travel members, attendants, and companions specified as matching conditions are in attendance.
3 Attendants and companions cannot refuse if a travel member requests to have the meal recorded. Travel members cannot make such recordings publicly available on the Internet or other media.
4 Travelers and attendants must abide by the matching conditions when dining.
5 Attendants and companions must not disclose any information heard from travel members during meals (including conversations before and after the meal).
6 Travel members, attendants, and companions must not engage in any of the following behavior during meals.
(1) Speech or behavior that constitutes a criminal act or that encourages or induces a criminal act
(2) Speech or behavior that violates the right of honor, privacy or other rights and interests of others
(3) Speech and behavior that criticizes, slanders, intimidates, confuses, deceives, or discriminates against others
(4) Obscene or other sexual speech
(5) Speech and behavior that causes discomfort to others
(6) Speech and behavior intended to promote relationships with the opposite sex, political or religious solicitations, or business activities
(7) Speech and behavior that lacks consideration for the nationality, culture, beliefs or ideas of the other person
(8) Speech or behavior requesting the transfer or loan of money or items
(9) Other speech and behavior that is inconsistent with the purpose of the meal
7 As a general rule, travelers will pay for the meals of attendants and accompanying persons at meals.
Article 15 (Handling in Cases Where a Dinner cannot be Held)
1 If a traveler is unable to hold a dinner due to the attendant's circumstances, he/she may receive a refund of the attendant fee only if he/she proves this to our company. However, if our company has already paid the attendant fee, he/she may not receive a refund.
2 Except for the case in the preceding paragraph, a traveler may not receive a refund of the attendant fee even if he/she is unable to hold a dinner.
Article 16 (Cancellation of Matching)
Travelers may cancel matching and receive a partial refund of the attendant fee only up until the day before the dining date. The amount of the attendant fee that can be refunded is as follows:
(1) Cancellation the day before the dining date: 20% of the attendant fee
(2) Cancellation between 6 days and 2 days before the dining date: 50% of the attendant fee
(3) Cancellation more than 7 days before the dining date: 70% of the attendant fee
Article 17 (Payment of attendant fees to attendants)
1 Our company will transfer the amount of the attendant fee (in the case of a cancelled match, the amount minus the amount to be refunded) minus the system fee to the financial institution account designated by the attendant within 10 days from the day on which we confirm the completion of the meal by the method specified by our company (or, in the case of a cancelled match, the day on which the cancellation is made).
2 The method of calculating the amount of the system fee is as separately indicated in this service.
Article 18 (Reviews)
1 A User who has had a meal with an attendant may rate the attendant and post a review on the Service.
2 The review in the preceding paragraph may not include any of the following expressions:
(1) Expressions unrelated to the evaluation of attendants
(2) Expressions that constitute or encourage or induce criminal acts
(3) Expressions that infringe on the honor, privacy or other rights and interests of attendants, accompanying persons or other third parties
(4) Expressions that criticize, defame, intimidate, confuse, deceive or discriminate against attendants, accompanying persons or other third parties
(5) Expressions intended to interfere with the activities of attendants
(6) Expressions intended to interfere with the operation of our services
(7) Expressions that violate these Terms and Conditions
(8) Any other expressions that are inappropriate in light of the purpose of the Service set out in Article 1 (Purpose of the Service)
3 If our company determines that a review under paragraph 1 violates the provisions of paragraph 2, it may delete the review.
Chapter 5. General Provisions
Article 19 (Non-guarantee)
1 The Company does not screen the quality of users, and does not guarantee that no trouble will occur between users. In the unlikely event that a trouble occurs between users, the users will be required to resolve it themselves.
2 The Company does not guarantee that the information registered by users is true. In the unlikely event that a trouble occurs between users because the users have registered false information, the users will be required to resolve it themselves.
3 The Company does not guarantee that the Service will not cause malfunctions, communication failures, or other problems. In the unlikely event that a match is not made or a dinner cannot be held due to such problems, the Company shall not bear any legal responsibility to the user.
4 The Company does not guarantee that the Service is completely free of security vulnerabilities. In the unlikely event that a user suffers damage due to a security vulnerability in the Service, the Company shall not bear any legal responsibility.
Article 20 (Prohibited Acts by Users)
When using the Service, Users must not engage in any of the following acts.
(1) Sending unauthorized programs to the network or system of the Service, unauthorized access, or excessive load
(2) Reverse engineering or other analysis of the system of the Service
(3) Unauthorized modification of the program of the Service, or parameters or data related to the behavior of the Service, against the intention of the Company
(4) Acts that violate laws and regulations or acts related to criminal activities
(5) Acts that infringe on the intellectual property rights, right to reputation, right to privacy, or other rights and interests of the Company or any third party
(6) Acts that use the Service while driving a car, during work, or in other inappropriate situations
(7) Acts that the Company has indicated on the Service as prohibited acts
(8) Acts that directly or indirectly cause or facilitate any of the acts listed in the preceding items
(9) Any act attempting any of the acts listed in the preceding paragraphs. (10) Any other act that is contrary to the purpose of the Service, social norms, or public order and good morals. (11) Any other act that is inappropriate as an act of using the Service.
Article 21 (Copyright, etc.)
1 The copyright and other intellectual property rights of the programs, images, text, and all other content constituting this Service belong to our company or the rights holder of said content, and will not be transferred to the User in any way.
2 The User must not copy or provide to a third party the Service, the programs, images, text, and all other content constituting this Service.
Article 22 (Management of Account ID, etc.)
1 Users must not allow a third party to use the account ID and password (hereinafter referred to as "ID, etc.") provided by the Company at the time of User registration, nor transfer or lend the ID, etc. or the right to use the ID, etc. to a third party.
2 Users must properly manage and store the ID, etc. to prevent it from being used by a third party.
3 Users must be liable to compensate the Company for any damages caused by a violation of the provisions of paragraph 1 or 2.
4 Users will be liable to the Company for all actions taken on the Service by a third party using the ID, etc.
Article 23 (Suspension and Interruption of Services in the App)
In any of the following cases, the Company may suspend or interrupt the provision of the Service without prior notice to the User. In such cases, the Company shall not be liable to the User for refunds of attendant fees and system fees, damages, or any other matters.
(1) When it is necessary for updates
(2) When a system failure or other trouble occurs in relation to the operation of the Service
(3) When other circumstances arise that prevent the Company from continuing to provide the Service.
Article 24 (Liability for Damages)
If a User causes damage to the Company through a violation of these Terms and Conditions or other intentional or negligent act, the User shall be liable to compensate the Company for any damage suffered as a result (including indirect damages, special damages, attorney's fees and all other damages).
Article 25 (Cases where the Company is obligated to pay compensation based on mandatory provisions of the Consumer Contract Act or other laws and regulations)
Notwithstanding the provisions of these Terms, even if the Company is obligated to pay compensation based on mandatory provisions of the Consumer Contract Act or other laws and regulations, the amount of compensation shall be limited to a maximum of 50,000 yen. However, this shall not apply when the occurrence of the damage is due to the Company's willful misconduct or gross negligence.
Article 26 (Transfer of Status, etc.)
1 Except when the Company has given prior consent in writing or electromagnetic record, the User may not transfer to a third party, offer as collateral, or otherwise dispose of any rights, obligations, or contractual status arising under these Terms.
2 The User agrees in advance that in the event that the Company transfers the business related to the Service to a third party (including business transfer, as well as any case involving a company split or other transfer of the business), the User will, upon such transfer, transfer the rights, obligations, and contractual status under these Terms to such third party.
Article 27 (Changes or Termination of the Service)
The Company may change or terminate the content of the Service with prior notice to the User. The Company shall not be liable for any damages incurred by the User as a result of such changes or termination.
Article 28 (Changes to these Terms)
If it becomes necessary to change these Terms due to amendments to laws and regulations, changes in social conditions, expansion of services, or other circumstances, the Company may change the contents of these Terms in accordance with the provisions of Article 548-4 of the Civil Code (Changes to Standard Terms and Conditions). In such cases, the Company will announce in advance on the Service that there will be changes, the changed contents, and the date of the changes. The changed contents of these Terms will also apply to users who started using the Service before the changes.
Article 29 (Severability)
Even if any provision or part of these Terms and Conditions is invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the other provisions and parts of these Terms and Conditions will remain in full force and effect.
Article 30 (Governing Law and Court of Jurisdiction)
1 The governing law of these Terms shall be the laws of Japan.
2 If these Terms are written in Japanese or in a language other than Japanese, the Japanese version shall take precedence in the interpretation of these Terms.
3 All disputes arising from or related to these Terms, or all disputes related to the Service, shall be submitted to the exclusive jurisdiction of the Osaka District Court as the court of first instance.