Copy of Terms of Service(old)

OVERVIEW By using, accessing, or purchasing from this website (“Site”), which is owned and operated by TokyoTreat Ltd. (herein referred to as "TokyoTreat"), you acknowledge that you have read, understood, and agree to the following Terms of Service (“Terms” or “Agreement”). If, at any time, you do not agree to these Terms, please do not use this Site. TokyoTreat reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.TokyoTreat reserves the right to change these Terms of use at any time without notice. By accessing or using any part of the Site, you accept these Terms, without limitation or qualification. You may not use any portion of the Site if you do not agree with all of the Terms. Price information found on this site is subject to change without notice. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.


We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site. We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and TokyoTreat has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify TokyoTreat of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. You may receive emails regarding your account or promotions for special offers, including third party offers.


Monthly boxes for TokyoTreat and other subscription boxes offered from time to time are shipped to your address at the address you provided. You may receive emails regarding your account or promotions for special offers, including third party offers. You can cancel your membership anytime without charge from your Customers Portal or contacting our Customer Support. Please refer to the Help Center for further details.


As a Member, you agree to the following benefits and Terms: You must provide us with accurate contact and payment information, including name, shipping address, and credit or debit card number. Please make sure to keep this information up to date at all times. We save your payment information for ease of future shipments and charges. All such personal information is subject to the Privacy Policy. TokyoTreat may add an additional charge to your subscription in the case of worldwide shipment disruption (such as a global pandemic, natural disaster, etc.) when normal shipping methods are not possible. In such cases, TokyoTreat may be required to upgrade your shipping method to a higher class — unless you make a request to opt-out of the shipment upgrade prior to the charge. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to us is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement. Any account changes made after the last day of each month should not be expected to reflect on the subscription until the following shipping period. In an effort to get boxes to our subscribers as soon as possible, we begin processing shipments prior to the signup cutoff. As a result, all address updates must be made within 48 hours prior to the subscription renewal date (see “Your Subscription Contract” below for renewal date information) to ensure they are correctly reflected on your shipment. Our shipping service does not include the forwarding with your mail to an updated address. Any forwarding fees incurred will not be reimbursed or credited to your subscription. Any amount paid for the boxes and services are final and non-refundable.


By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate. To cancel your subscription at any time, you must contact support using the form on this website at least 48 hours prior to your next scheduled renewal date, or cancel your subscription online from the Customer Portal to avoid the charge. All subscriptions are renewed on the same date as you signup. Any changes in your subscription will be applicable on the next renewal date. If you cancel, you may use your subscription until the end of your then-current subscription term. TokyoTreat may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice that you have terminated this authorization or wish to change your payment method within the 48-hour notice requirement. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Subscription reactivation will automatically generate an invoice for new order under your current plan for the current order period. TokyoTreat reserves the right to change the plan and price of the services (TokyoTreat, YumeTwins, nomakenolife, and Sakuraco ) with or without advanced notice to subscribers. We also reserve the right to revoke your subscription at any time. Membership is void where prohibited by law.


Insurance: All boxes that ship with a trackable shipping option are automatically covered by insurance. Cases covered by insurance: In the case of theft, boxes that are stolen can be replaced in the event that evidence is provided from the shipping company showing that they acknowledge that the box has been misplaced or stolen. Damaged boxes due to natural disasters i.e. fires, floods, hurricanes, etc. Missing or damaged boxes due to mishandling by your local courier. Please note, boxes that are not received due to an incorrect shipping address, or that are intentionally declined by the subscriber are not eligible for replacement. Missing or Damaged Items Missing items - this case refers to when your box arrives safely and physically intact, but it is missing one or more of the items listed inside the included booklet. Damaged items - this case refers to when your box arrives safely and physically intact with all items listed in the booklet included but one or more of the items are damaged, or expired in the case of perishable items. All missing or damaged items must be reported within 7 days after you receive your box to qualify for either a replacement or refund based on product availability. If the missing product is available, a replacement will be shipped and a refund will not be considered. You are required to include the evidence outlined below when you submit a report in order for our support team to expedite a resolution: Pictures of all sides of the box (applies to both missing and damaged item cases) Pictures of all items received in the box (applies to both missing and damaged item cases) Pictures of individual items, clearing showing the damage in question (applies to damaged item cases) Damaged items will then be reviewed by a support agent and a replacement or refund will be issued only for damaged products. This does not cover or include damage to the packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. Returned Boxes Policy - Returned boxes will be reshipped with an additional re-shipping fee, unless the box has been returned due to our own mistake. Boxes that have been returned due to an incorrect shipping address/incomplete shipping address are not eligible for refunds. This policy can be updated at any time, without prior notice, and is applicable immediately and retroactively for all subscriptions and subscribers.


TokyoTreat does not provide allergen information for the Japanese products in the TokyoTreat, YumeTwins and nomakenolife subscription boxes. TokyoTreat does provide allergen information in the booklet for the subscription box Sakuraco for common allergens. However, while we do our best to provide accurate common allergies, the list is not comprehensive and TokyoTreat cannot guarantee that every item is allergen-free in all of the subscription boxes.


As a referral member (a “Referrer”), you are subject to TokyoTreat’s Terms of Service and TokyoTreat’s Privacy Policy, as well as the following additional Terms & Conditions for TokyoTreat’s Refer-a-Friend Program. a person that share the referral link that is used to purchase by Referred Customer. A Referrer can refer multiple Referred Customer, however, a Referred Customer can only use one referral link to subscribe. As a Referrer, you are responsible for any and all tax liability resulting from TokyoTreat’s Refer-a-Friend Program.
Referred Customer.There’s no maximum amount of Referred Customer that can be earned, however, Referrer Customer and the Referrer cannot be the same person. The Referred Customer must have a different information including email address, billing and shipping information from the Referrer.
Referral Credit.Referral Credit will be added if the Referred Customer has already completed the purchase, the credit will be shown as pending credit. There is no maximum credit that can be earned.
Pending Credit.Pending Credit is the credited amount for each purchase by the Referred Customer. Pending credit is unusable, and can be used once it approved.
Credit Earned.Credit Earned is approved pending credit. Credit is approved 30 days after we shipped your the Referred Customer’s first box.
Cancelled Credit.Credit will be cancelled if the Referred customer cancelled the purchase – or the purchase is being cancelled because of some reason such as fraud and cancellation.
Refunded Credit.Credit will be refunded if the Referred Customer file a chargeback during 30 days period.
Credit Usage.Referrer can only redeem the available approved credits and plan’s price. Credit Usage history is available to track the usage.
Sharing Referral Links.Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on public forums (such as Reddit, or Wikipedia), coupon sites or other websites created to take advantage of referral traffic generated from individuals searching for coupons or other discount codes, as determined byTokyoTreat in its sole discretion. Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Users are prohibited from paying to advertise their referral links.
Limits on Use of Referral.Referral Codes shared by Referrers cannot be combined by Referred Customers and a Referral Code can only be used for an individual’s first subscription purchase.TokyoTreat's Referral program may not be combined with other promotions or incentives. Referral and Rewards Codes are not transferable, have no cash value, and cannot, under any circumstances, be redeemed for gift cards, cash or any cash equivalent. Subscriptions purchased using credit cannot be refunded in cash payment under any circumstance.
Eligibility.Eligibility to participate in the Program is limited to individuals only.TokyoTreat's Referral Program cannot be used by businesses or for affiliate lead generation or similar purposes, as determined in TokyoTreat’s sole discretion. The use of multiple accounts, email addresses, online identities or aliases to circumvent the eligibility requirements and/or other limitations of these Terms is prohibited and may result in exclusion from the Program and the cancellation of all related rewards.
Right to Modify and Cancel Accounts.TokyoTreat reserve the right, in our sole discretion and without notice to you, to cancel a credit, to change and close the account of any Referrer and Referred Customer if the accounts are not being used properly, violated Terms of Service, law, statute, or governmental regulation and we will not be liable to you or to any third party for doing so.
Termination and Changes.TokyoTreat may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. We reserve the right to suspend accounts or deduct credits if we notice any activity that we believe is abusive, fraudulent, or in violation of theTokyoTreat Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate. The scope, variety, and type of services and products that you may obtain by redeeming credit can change at any time.TokyoTreat reserves the right to change, including cancel Refer-a-Friend Program or *to change these Terms of Service at any time in its sole discretion. Any unclaimed referral credits will be forfeited at that time.


Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.


The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under Japan and other copyright laws, and is the property of TokyoTreat and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to TokyoTreat. Copyright 2015-2018 TokyoTreat. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.


By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant TokyoTreat a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of TokyoTreat. You acknowledge and agree that you are solely responsible for all the user data that you make available through TokyoTreat. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant TokyoTreat the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or TokyoTreatuse of your uploaded data (or any portion thereof) on, through or by the means of TokyoTreat will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.


Except as otherwise specifically provided, the site and the products offered on the site are provided on as “as is” and “as available” basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, TokyoTreat disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TokyoTreat does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. TokyoTreat does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.


Neither TokyoTreat nor its celebrity spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even ifTokyoTreat has been advised of the possibility of such damages. In no event will TokyoTreat’s liability to you exceed the amounts that you paid toTokyoTreat in connection with your TokyoTreat membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, TokyoTreat shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. TokyoTreat shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, TokyoTreat shall immediately issue a credit to your credit card account in the amount of the charge. TokyoTreat has no liability for injury or damage caused by products within the box. Such liability is the sole responsibility of the product brand or manufacturer. These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by TokyoTreat without notice at any time, for any reason. TokyoTreat reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.


Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable.TokyoTreat is not responsible for import tax, custom tax, and other taxes charged by the local authority.


TokyoTreat may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.


Use of the Site for any illegal or unauthorized purpose is strictly prohibited.


You agree to indemnify, defend, and hold harmless TokyoTreat, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.


Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalogue, aggregate, or create derivative works from discount codes received on or from this site.


Registration data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


In an attempt to provide increased value to our visitors, TokyoTreat may link to sites operated by third parties. However, TokyoTreat has no control over these linked sites, all of which have separate privacy and data collection practices, independent of TokyoTreat. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, TokyoTreat seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).


All trademarks, service marks, and trade names of TokyoTreat on the Site are trademarks or registered trademarks of TokyoTreat, or of their respective owners.


These Terms constitute the entire agreement between you and TokyoTreat with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. TokyoTreat may assign its rights and duties under this Agreement to any party at any time without notice to you.