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HANAKAZU TERMS AND CONDITIONS FOR ONLINE SERVICES

Terms and Conditions for Hanakazu’s Online Services


Last updated: April 10, 2022


Important: Please carefully read and understand these terms and conditions (“Terms”). They contain an arbitration agreement, jury and class actions waivers, limitations on Hanakazu’s liability, and other provisions that affect your legal rights.


By installing, accessing, or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Hanakazu Japanese Restaurant which controls and operates the online services from The Bellevue Manila, 2F Tower Wing, 5139 North Bridgeway, Filinvest City, Alabang 1781 Muntinlupa City, Philippines. By accepting these terms, you also understand and consent to Hanakazu’s Privacy Policy, which is incorporated into this agreement. Our Privacy Policy describes how we collect, use and share information.


By accepting these terms, you understand and agree that you are waiving your right to resolve any dispute through other processes available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.


The online services are not intended to be used by or targeted at anyone under 13 years old. You must be at least 13 years old to use the online services.  If you are at least 13 years old but not yet 18 years old (or the legal age of the majority if different in your jurisdiction), then you must review these terms with your parent or guardian, and they must understand and agree to these terms for you to use the online services.


If you or your parent or guardian do not agree to these terms, you must immediately stop using the online services and request that Hanakazu close any online services account you have created. You can request account deletion by sending an email to hanakazujapaneserestaurant@gmail.com; please include the account’s email address that you want to be deleted.


  1. About the online services


Obey the rules of the road. Whenever you use online services, you must obey the laws of the road and all acceptable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park.” In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.


You are responsible for your devices and accounts. You are responsible for any devices, software, and services needed to use the online services. Hanakazu does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees, and taxes for your use of the online services, including when we communicate with you by text, email, or other means that you choose. You may only use the online services with devices you own or control and use only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and all activity under the account. You can only use one online services account and must keep your account information accurate at all times.


Hanakazu’s right to update or terminate the online services. You understand and consent that (with or without notice) Hanakazu may edit, modify or discontinue the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Hanakazu mobile app, if applicable, that you have installed on your device.


Updates to these terms. Hanakazu may also update these terms at any time and its sole discretion. If Hanakazu makes material changes to the terms, we will notify you by any reasonable means, such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Hanakazu close any online services account that you have created. To close your account, you can email us at hanakazujapaneserestaurant@gmail.com.


How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section in the online services, or you can always visit https://www.onlyathanakazu.com/feedback.


  1. Our information practices and communications with you


Hanakazu Privacy Policy. These terms incorporate Hanakazu’s Privacy Policy as part of the terms. Our Privacy Policy describes our information practices, including how we collect, use and share information.


How we communicate with you. Through the online services, you may opt-in to receive emails, text messages to the mobile number you provide to us or push notifications from Hanakazu. When you opt into any of these types of communications, you understand and consent that you will receive marketing, transactional and other messages from Hanakazu. Hanakazu may use the information you have provided to us to communicate with you by Hanakazu’s Privacy Policy.


You are opting out of communications generally. You have a choice in how we communicate with you. You can usually find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt-out.  You understand and agree that you may need to manage your communication preferences for each communication method separately. For example, if you opt-out of receiving marketing emails, you may still receive marketing text messages if you’ve opted to receive them.  While we do our best to offer convenient methods for you to manage your communications preferences, you may need to adjust your preferences for each online service separately. Please note that the only way to stop receiving these communications for some account-related and transactional communications may be to close your online services account.


  1. Menu prices


Hanakazu makes every effort to ensure that the prices and items listed on our menus are up to date and correct.  However, the prices and items listed on our website menus are NOT guaranteed and are subject to change without notice.


When menu and/or price changes are made, those changes may not be immediately reflected on this website.  We post to this website as often and as quickly as possible, but sometimes these posts may be delayed for some reason or another.  In that case, Hanakazu reserves the right to change menu selections and/or the prices that accompany those items as they appear on the menus at the restaurant.


It is crucial that our customers who visit our website know and understand this policy/practice since Hanakazu will not adjust menu items or prices when orders are made, even if they conflict with our website menus and prices.  We guarantee that all items and prices that appear on our menus at the restaurant are accurate, though some items on the menu may be unavailable occasionally.


Suppose any inconvenience on our customer’s part has occurred due to the delay in these website postings. In that case, we apologize, and we will attempt to update our menu and prices more diligently in the future.


  1. Deals


You have the possibility of receiving deals through online services. The following general terms apply to the deals: (1) the deal may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain deals may be available only at certain serving times); (3) unless otherwise stated each deal expires on redemption; (4) only one deal can be used per restaurant visit; (5) deals are not transferable; and (6) there is no cash alternative. In addition, there may be specific terms that apply to the deal, which are stated on the app next to the deal. Not all deals may be combined with orders.


  1. Ownership and Licenses for the online service


Hanakazu intellectual property ownership. Any rights in the online services are and shall remain the exclusive property of Hanakazu or its licensors. For purposes of clarity, “online services” includes any content on the online services, such as but not limited to text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you.  Nothing in these terms intends to transfer any such rights to or vest any such rights in you. You may not take any action to jeopardize, limit or interfere with Hanakazu’s or its licensors’ rights.


Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable, and revocable license to use the online services solely for your own personal, non-commercial purposes and solely by these terms. For clarity, “use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly give to you. Hanakazu reserves all other rights. 


Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Hanakazu or its licensors.  The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.


  1. User submissions and unsolicited ideas


User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints, or other information posted or communicated to Hanakazu through the online services (together, “submissions”).  You understand that by submitting any information to Hanakazu through the online services, you grant Hanakazu a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purposes whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purposes whatsoever without permission from or compensation to you or any other person. Hanakazu will not be required to treat any submissions as confidential.


Unsolicited ideas. It is Hanakazu’s policy not to consider unsolicited ideas. While we appreciate your taking the time to consider Hanakazu, we cannot review new ideas from outside the Hanakazu System. You expressly waive all claims against Hanakazu and all other Members of the Hanakazu System in connection with Hanakazu’s consideration, use, or development of any product, design, concept, or other materials similar or identical to your submission now or in the future.


  1. Copyright notice


Hanakazu will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to Hanakazu at The Bellevue Manila, 2F Tower Wing, 5139 North Bridgeway, Filinvest City, Alabang 1781 Muntinlupa City, Philippines or by email to hanakazujapaneserestaurant@gmail.com.


What to include in your infringement notice. Please include the following information in your message to us, along with your full name, address, telephone number, and email address:


1.     A detailed description of the copyrighted work you believe has been infringed.


2.     A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit Hanakazu to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).


3.     The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.  I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”


  1. Acceptable uses and restrictions for online services.


Acceptable uses and other restrictions. Concerning the online services (which includes content), you may not and may not allow third parties to:


  • Use the online services for any purpose that is unlawful or prohibited by these terms;

  • Delete or change any copyright, trademark, or other proprietary notices;

  • Attempt to obtain ownership or title to the online services, including the content;

  • Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;

  • Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;

  • Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;

  • Transfer, provide, export, or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a Philippine government embargo, or designated by the Philippine government as a “terrorist supporting” country; or (ii) listed on any Philippine government list of prohibited or restricted parties;

  • Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;

  • Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Hanakazu network, or any user accounts associated with the online services.


  1. Limitations on liability and disclaimers


Limitations on Hanakazu’s liability. Neither Hanakazu nor other members of the Hanakazu System shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary, or incidental damages, including lost data, personal injury, or property damage related to or arising out of the online services.


Nothing in this section is intended to limit Hanakazu’s liability for damages to the extent caused by Hanakazu’s own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law. Hanakazu reserves all legal rights to recover damages or other compensation under these terms as allowed by law.


Hanakazu provides the online services “AS-IS” without any warranties. The online services may include inaccuracies or errors. Hanakazu provides the online services "as is" and without warranties, either expressed or implied. Hanakazu disclaims all warranties of merchantability and fitness for a particular purpose. Hanakazu does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted, or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against Hanakazu for dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties. These warranty exclusions may not apply to you to the extent that applicable law does not allow the exclusion of implied warranties.


Third-party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have separate terms and conditions or privacy policies that you should review and understand before using them. Hanakazu does not endorse and is not associated with any of these third-party services. Hanakazu will not have any responsibility arising from or related to these third-party services.


Events beyond our control. Hanakazu will not be responsible for Hanakazu’s failure to perform any of its obligations under these terms caused by or related to any event beyond Hanakazu’s reasonable control. If such an event occurs, then Hanakazu’s obligations under these terms will be suspended for the duration of the event; and Hanakazu may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.


  1. Miscellaneous


  • Hanakazu makes no representation that the online services are appropriate or available outside of the Philippines. If you use the online services from other locations, you are responsible for compliance with applicable local laws.

  • These terms will be governed and interpreted according to the laws of the Philippines, notwithstanding any principles of conflicts of law.

  • The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent, there is any conflict between the two, the English (US) version controls.

  • On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Hanakazu, including all intellectual property rights, proprietary rights, and licenses in these terms, shall survive, as well as all restrictions on use, all limitations on liability, and disclaimers.

  • Each of the terms and conditions in these terms is severable and operates separately. If any of them are unlawful, void, or unenforceable, then the remaining terms and conditions will be in full force.

  • If Hanakazu fails to insist that you perform any of your obligations under these terms, or if Hanakazu does not enforce its rights against you or delays in doing so, that will not mean that Hanakazu has waived its rights against you and will not mean that you do not have to comply with those obligations.

  • Hanakazu may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Hanakazu agrees in writing.