Terms of Use

These Terms of Use (the "Terms") set forth the terms and conditions for the provision of HaloDish (the “Service”), and the rights and obligations between eftax Co., Ltd. (the "Company") and the users (the "Users"). Users must agree to the Terms by reading the entirety before using the Service.

Article 1: Scope

1. Purpose of the Terms

The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Company (as defined below) and the Users (as defined below), and the Terms shall be applied to all aspects of the relationship between the Users and the Company in connection with the Service.

2. Integration with the Rules

Any rules for use of the Service posted on our website at https://halodish.com/(the "Rules") shall constitute an integral part of the Terms.

3. Precedence of the Terms

If there is any conflict between the Terms and the Rules or any other description regarding the Service not provided for herein, the Terms shall prevail.

Article 2: Definitions

For purposes of the Terms, the following terms have the following meanings.

"Service Agreement" means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between the Company and the User.
"IP Rights" means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).
"Posted Data" means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the User through the Service.
"Company" means eftax Co., Ltd.
"Website" means such website as may be from time to time operated by the Company, whose domain name is halodish.com (or if the domain name or content thereof is modified for any reasons, such modified website).
"User" means any persons or entities that use the Service, including those who registered their account pursuant to Article 3 (Registration) and those who do not.
"Service" means the Service provided by the Company under the name of HaloDish (or if the name or content thereof is modified for any reasons, such modified service).

Article 3: Registration

1. Application for Registration

A person wishing to use the Service may apply to the Company for registration to use the Service by agreeing to comply herewith and providing certain information as specified by the Company (the "Registration Information") in accordance with the manner as may be prescribed by the Company.

2. Approval of Registration

The Company shall determine whether to register the person that has made an application pursuant to Paragraph 1 of this Article 3 ("Applicant") in accordance with the Company's criteria, and if the Company approves the registration, it shall notify the Applicant to that effect. The Applicant's registration as a User shall be completed upon the notice by the Company pursuant to this Paragraph.

3. Effectuation of Service Agreement

Upon completion of the registration pursuant to the preceding Paragraph, the Service Agreement shall become effective between the User and the Company, allowing the User to use the Service pursuant to the Terms.

4. Refusal of Registration

The Company reserves the rights to refuse registration or re-registration of any Applicant without any obligation to disclose the reasons, in the event that:

The whole or any part of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate or omitted;
The Applicant is a minor, adult ward or person under curatorship or assistance, and applicable approval or consent has not been obtained from such Applicant's legal representative, guardian, curator or assistant;
The Applicant is determined by the Company to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force or other similar person or entity (collectively, "Antisocial Force"), or (ii) have any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
The Applicant is determined by the Company to be a party having violated any agreement with the Company, or to have been involved with such violating party;
The Applicant has suffered any of the measures under Article 10; or
In addition to the foregoing, the Company deems the registration inappropriate.

Article 4: Change to Registration Information

The User shall promptly notify the Company of any change to the Registration Information in the manner as prescribed by the Company.

Article 5: Password and User ID Management

1. Responsibility for Password and User ID

The User shall be responsible for keeping and maintaining its password and user ID for the Service in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.

2. Liability for Misuse

The User shall be, and the Company shall in no event be, liable for damages arising out of inappropriate management, misuse, or use by a third party of the User's password or user ID.

Article 6: Prohibited Actions

When using the Service, the User may not conduct any act that falls under, or is determined by the Company to fall under, any of the following:

acts that violate any laws or regulations or that are associated with criminal activity;
acts that defraud or threaten the Company, other Users or other third parties;
acts against public order and good morals;
acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Company, other Users or other third parties;
acts to transmit through the Service to other Users any information or data that:
- contains excessively violent or cruel content;
- contains computer viruses or other hazardous computer programs;
- contains content that damages the reputation or the credit of the Company, other users of the Service or other third parties;
- contains excessively indecent content;
- contains content that encourages discrimination;
- contains content that encourages suicide or self-mutilation;
- contains content that encourages drug abuse;
- contains antisocial content;
- is intended to be distributed to third parties, including but not limited to chain mails; or
- contains content that causes uncomfortable feelings to third parties.
acts that place an excessive burden on the network or system of the Service;
acts to reverse-engineer or otherwise analyze the software or other systems provided by the Company;
acts that are likely to interrupt the operation of the Service;
acts to access the network or system of the Company improperly;
acts to impersonate a third party;
acts to use the user ID or password of other users of the Service;
acts of exploitation, advertisement, soliciting or marketing through the Service without the Company's prior consent;
acts to collect information of other users of the Service;
acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties;
acts that violate the Rules;
acts to provide Antisocial Forces with profit;
acts that are intended to meet unacquainted persons of the opposite sex;
acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) through (17) above;
attempting to conduct any of the acts listed in Items (1) through (18) above; or
other acts that the Company deems to be inappropriate.

Article 7: Suspension of Service

The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Service, in whole or in part, in the event that:

Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
The Company becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;
The Company becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
The Company determines that suspension or discontinuance is required for other reasons.

Article 8: Ownership of Rights

1.

Any and all IP Rights related to the Website and the Service are expressly reserved by the Company or its licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights related to the Website and the Service owned by the Company or its licensor.

2.

The User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party's rights.

3.

The User hereby grants to the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferrable license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data. In addition, the User (the "Granting Registered User" in this Paragraph 3) hereby grants to the other Users a non-exclusive license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data posted or otherwise transmitted by the Granting Registered User through the Service.

4.

The User hereby agrees not to exercise moral rights against the Company or any other person to which the Company has transferred or granted the relevant rights.

Article 9: Registration Cancellation

1.

If any of the following events arises in relation to a User, the Company may, without prior notice or demand, (i) delete, or suspend the display of, the Posted Data, (ii) temporarily suspend the use by the User of the Service, or (iii) cancel the User's registration as such:

The User fails to comply with any of the provisions hereof;
Any of the Registration Information is found to be false;
The User undergoes payment suspension or becomes insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the User;
The User has not used the Service for 1 year or more;
The User has not responded to inquiries from the Company or other communications requiring a response for 30 days or more;
The User falls under any of Items of Paragraph 4 of Article 3; or
It is determined to be inappropriate by the Company that the User continues to use the Service or to be registered as a User.

2.

In any of the events set forth in Items of the preceding Paragraph, all amounts owed to the Company by the User shall automatically become due and payable, and the User shall immediately pay to the Company such amounts in full.

Article 10: Withdrawal

1.

The User may withdraw from the Service and cancel its registration as a User by completing the procedure as specified by the Company.

2.

Upon withdrawal from the Service, any and all debt of the User to the Company, if any, shall automatically become due and payable, and the User shall immediately pay to the Company such debts in full.

3.

Treatment of user information after the withdrawal from the Service shall be subject to the provisions of Article 14.

Article 11: Modification and Termination of Service

1.

The Company shall be entitled to at any time modify or terminate the Service in its own discretion.

2.

The Company shall notify in advance the User of any intended termination by the Company of the Service.

Article 12: Disclaimer and Waiver of Warranties

1.

THE COMPANY MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED, (i) that the Service fits or is suitable for a particular purpose contemplated by the User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the use by the User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the User, or (iv) that the Service will be free of interruption or defects.

2.

Any transactions, communications and disputes arising between the User and other Users or a third party in connection with the Service or the Website shall be addressed and resolved by the User at its responsibility.

3.

The Company does not guarantee any provided information or website links on the Service. When making a reservation or visiting facilities, it is recommend that Users confirm the address, business hours, regular holidays, etc. by themselves.

Article 13: Confidentiality

The User shall keep confidential any and all non-public information disclosed in relation to the Service by the Company to the User for which the Company, at such disclosure, requires the User a confidential treatment, unless the User has obtained the prior written approval from the Company.

Article 14: Treatment of User Information

1.

Treatment by the Company of the User's information shall be subject to the provisions of our Privacy Policy, and the User hereby agrees to treatment by the Company of the User's information pursuant to such Privacy Policy.

2.

The Company may, in its sole discretion, use or make public any information or data provided by the User to the Company as statistical information in a form that cannot identify an individual, and the User may not raise any objection to such use or publication.

3.

The Company may, in its sole discretion, revise or delete Posted Data in order to provide accurate information and a comfortable experience for the Users.

4.

The Company may reuse or quote Posted Data for marketing purposes on social media platforms.

Article 15: Amendment

The Company reserves the right to amend or change the Terms when the Company finds it necessary. In the event of any amendment or change to the Terms, the Company shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the User of the same. Notwithstanding the foregoing, the Company shall obtain the User's consent in a manner specified by the Company for the amendment or change of the Terms that requires such consent under the applicable laws.

Article 16: Notice

1.

Any communications or notices from the User to the Company, including but not limited to inquiries with respect to the Service, and any communications or notices from the Company to the User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Company.

2.

Any communication or notice made by the Company that is addressed to the e-mail address included in the Registration Information of a User shall be deemed to be received by the User.

Article 17: Assignment

1.

The User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Company.

2.

In cases where the Company transfers the business regarding the Service to a third party, the Company may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Company under the Terms, and the Registration Information and other information relating to the User, and the User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.

Article 18: Severability

If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.

Article 19 Governing Law and Jurisdiction

1.

The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.

2.

Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Osaka District Court of Japan in the first instance.

The Terms shall be executed in the Japanese language. Japanese shall be the governing language and any translation of the Terms into any other language is for convenience of reference only and shall not bind the parties hereto.

Article 20 Terms for the Online Store

The following terms apply to the use of our online store(https://6fb8fb-3.myshopify.com/)(the "Store"). By accessing and making purchases on the Store, customers agree to the provisions of the Terms and additional conditions linked within the Store. These Terms apply to all users of the Store, including but not limited to visitors, vendors, customers, merchants, and content contributors.

1.

New features and tools added to the Store are also subject to these Terms. It is the customer's responsibility to periodically review changes to these Terms, and continued use or access after revisions or modifications will be considered as an agreement to such changes. The Store is hosted by Shopify Inc., providing the Company with an online e-commerce platform to sell products and services.

2.

By agreeing to these Terms, the customer represents that they have reached the age of majority in their place of residence, and they acknowledge that their minor dependents are using the Store with their consent.

3.

In the case of purchasing products from the Store, the customer agrees to abide by the separate terms and conditions agreed upon with the payment service providers, such as credit card companies. In the event of any disputes related to the payment method, the customer and the payment service provider will be responsible for resolving the matter.

4.

The payment amount for the products includes the selling price of the items, consumption tax, shipping fees, and any applicable fees. Payments for products purchased through the Store are limited to the payment methods specified by the Company.

5.

The prices of products on the Store are subject to change without prior notice. The Company shall not be responsible for any damages incurred by customers or third parties due to modifications, price changes, interruptions, or discontinuations of products.

6.

Returns and exchanges for products purchased on the Store will be handled in accordance with the provisions outlined in the "Return and exchanges" of the "Guide for Specified Commercial Transactions Act." While the Company strives to display the colors and textures of the products on the site as accurately as possible, it is not guaranteed that these will be accurately represented on your device. Additionally, the Company does not guarantee that the materials or quality of the products you purchase will meet your expectations or that errors in the service will be corrected.

7.

The Company reserves the right to refuse any order placed on the Store. The Company has the discretion to limit or cancel the quantity of products purchased per person or per order.

8.

The Store may contain links to third-party websites that are not affiliated with the Company. The Company does not assume responsibility for investigating or evaluating the content or accuracy of these third-party websites. The Company makes no warranties or assumes any liability for third-party materials or websites, including any other materials, products, or services provided by third parties.

9.

The provision of personal information through the Store is subject to Privacy Policy of the Service.

[Prescribed on 13 October, 2023]

[Revised on 19 January, 2024; added Article 20.]