Terms and conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the website at RestaurantSuntory.com (“Website”) operated by Restaurant Suntory U.S.A., Inc., having its principal place of business at 2333 KALAKAUA AVE, HONOLULU HI 96815, USA (“Restaurant Suntory”, “we”, “us” or “our”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Restaurant Suntory. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and our privacy policy at https://jp.RestaurantSuntory.com/Privacy-Policy.htm. You acknowledge that this Agreement is a contract between you and Restaurant Suntory, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or the content in the Website (“Content”): (a) for any unlawful purpose (in the State of Hawaii, Japan, your country of residence and/or the country from which you are accessing the Website); (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others such as copying, downloading, reproducing, republishing, framing, broadcasting, transmitting in any manner whatsoever, any material on the Website except as is strictly necessary for your own personal, non-commercial, lawful, home use unless otherwise agreed in writing with us; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to copy any Website and Services (or component thereof), develop any improvement, modification or derivative works thereof or include any portion thereof in any other equipment or item; (k) not to obtain prior consent from your parents or legal guardians or proceed with a lawful process required by applicable law if you are minors and are not entitled to provide consent to the Agreement by yourself; or (l) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual property right
“Intellectual Property Rights” means all present and future rights conferred by applicable statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Restaurant Suntory or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Restaurant Suntory. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Restaurant Suntory or its licensors. Other trademarks, service marks, graphics and logos may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Restaurant Suntory or third party trademarks.
Disclaimer of warranty
You agree that such service is provided on an “as is” and “as available” basis and that your use of the website and services is solely at your own risk to the maximum extent permitted by applicable law (the same applies to the other sentences of this paragraph.). to fullest extent provided by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the services will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service unless stated otherwise. no advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.
Limitation of liability
To the maximum extent permitted by applicable law, in no event will Restaurant Suntory, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort in no event will, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Restaurant Suntory and its affiliates, directors, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Restaurant Suntory for the prior one month period prior to the first event or occurrence giving rise to such liability, whichever is higher. the limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to indemnify and hold Restaurant Suntory and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Hawaii, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Hawaii, United States, and you hereby submit to the personal jurisdiction of such courts. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement or the earliest date permitted by applicable law unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Entire Agreement
This Agreement constitutes the sole and entire agreement between the you and us relating to subject matter hereof and supersedes and cancels all previous agreements, negotiations, commitments and/or representations made between the you and us either orally or in writing. No modification of or amendment to this Agreement shall be valid unless in writing signed by duly authorized signatories of both you and us referring specifically to this Agreement and stating the parties’ intention to modify or amend this Agreement.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
aloha@rs-honolulu.com
This document was last updated on November 1, 2022.