Terms of Service

Sea Farm Table Terms of Service

Sea Farm Table Terms of Service (“Terms of Service”) stipulates matters that the purchasing members (hereinafter referred to as Sea Farm Table members) must observe when using the online service Sea Farm Table provided by Chameleon & Co. Inc. (hereinafter referred to as our company), as well as rights and obligations between our company and Sea Farm Table members.

If you are interested in our Service, please read the following in its entirety. Any Sea Farm Table member registrations or applications to use our Service will be considered to be made upon agreeing to the Terms of Service as contract details, so be sure to read the following in its entirety.

Article 1 Scope of Application for This Terms of Service

1. The purpose of this Terms of Service is to stipulate the rights and obligations in regards to the Use of Service (defined in Article 2)  Between Sea Farm Table members (defined in Article 2), and applies to all relationships between our company and Sea Farm Table members in regards to this Service.

2.Regardless of form of notification, the rules, regulations, guidelines and privacy policies announced by our company in regards to our Service is a part of this Terms of Service.

Article 2 Definition

The wording used in the Terms of Service are defined as follows.

1. “Registration applicants” describes “registration applicants” defined in Article 2.
2. “Registration information” describes “registration information” defined in Article 2.
3. “Sea Farm members” describes persons or corporate bodies registered as users to this service as defined by Article 3.
4. “Sales members” describes to persons, corporate bodies or private organizations that we have recognized to sell us their products. Sales members are persons who we recognize to manufacture products as well as persons who we recognize to produce and harvest agriculture, livestock, farming shellfish and seaweed, and fishing.
5. ”Intellectual property rights” define copyright, patent, utility model right, trademark, design right and other intellectual property rights (including the right to obtain such rights, or to apply for registration for such rights.)

6. “This website and application” points to our website seafarmtable.com (if for any reason our website domain or its contents are changed, this includes websites after the change.)

7. “Services” defines platform services are offered by Sea Farm Table

(if the name services or its contents are changed for whatever reasons, this includes the services after the change).

8. “User contract” points to the service contract according to the Terms of Service, established between our company and Sea Farm Table members.
9. “External services” point to designated services provided by other businesses, used in implementing our services.
10. “External businesses” point to external service providers.
11. “External Terms of Service” are terms that define the relations of rights between Sea Farm Table members and external businesses.

Article 3 Member Registration

1. Persons wishing to use our services (registration applicants) are asked to register as Sea Farm Table members. “Registration applicants” for this service agree to observe the Terms of Services, and, by providing certain information determined by our company (registration information) the way we require, can can apply for registration for to use our services. By using our services, you are consenting to our terms of service.
2. Registration application must be filled out by persons or corporations using the service, and in principle applications by a representative is not allowed.

3. Registration applicants must provide correct and relevant information to our company upon applying.

4. We, according to the standards of our company, will decide whether to allow registrations. If registration is approved, we will notify the registration applicant, at which point registration as a member is complete.
5. 5.Upon completion of the above mentioned registration, an agreement is made between our services in accordance to the terms of service and the Sea Farm Table member. Sea Farm Table members can use this service in a way determined by our company.
6. If the registration applicant is underage, they must first receive permission from a person with parental rights or a legal representative in order to use this service. When a registration applicant uses our services, we deem that they have already received the necessary permission stated here.

7. We may refuse applications made under Article 1 if any of the following points apply.

(1) If we determine on reasonable grounds that they may violate the Terms of Service.

(2) If the registration information provided to us contains misinformation, mistakes or omission.

(3) If their registration has been canceled in the past.

(4) In cases that they are underage, an adult ward, a person under curatorship, or a person subject to a limited guardianship, and have not received consent from a legal representative, a guardian, a curator or a limited guardian.

(5) If they are antisocial forces (an organized gang, a member of an organized gang, right-wing organization, antisocial forces, or others similar to this), or, if we determine on reasonable grounds that they are involved with such antisocial forces, such as through financial aid or other means, and are assisting to or involved in maintaining, operating and managing such antisocial forces or have any connections or exchanges.

(6) If we determine on reasonable grounds that registration is not suitable.

Article 4 Registration Information

In the case that there is a change in registration information, Sea Farm Table members shall without delay, notify our company in accordance to the method specified, and keep information relevant.

Article 5 Management of password and user ID

1.Sea Farm Table members must safely secure their user ID and passwords, and must not lend, give, transfer, sell, or allow use to a third party.

If the user ID and password matches the registered information, we will deem it is being used by the user themselves.

2. Sea Farm Table members will be held responsible for any damages that result from mismanagement of user ID and password, error in use, or use by a third party. Our company does not take responsibility.
3. If a Sea Farm Table member’s user ID or password has been stolen, or used by a third party, the member must swiftly alert our company, and follow instructions given by our company.

Our company does not take responsibility for any damages resulting from a third party’s use of a member’s ID and password, unless our company is at fault intentionally or through serious negligence.

Article 6 Use of services

1. Services will be provided only to Sea Farm members whose shipping address is within Japan (some areas such as isolated islands are excluded). Some products are offered in limited areas by the manufacturer.
2. Sea Farm Table members can use our Services while the usage agreement is valid, in accordance to the purpose of these Terms and without violating these terms, in ways determined by our company.
3. Preparation and maintenance of computers, software and other machines, as well as communication lines and communication environments must be paid for and are the responsibility of the Sea Farm Table member.
4. Sea Farm Table members must take security measures depending on their own usage environment, to prevent computer virus infections, and prevent illegal access and information leak at their own costs and responsibility.

Article 7 Sales and Purchase of Products Online

1. This Service is provides a platform for producers to sell products to Sea Farm Table members. Sales contracts are formed between the manufacturer and Sea Farm Table member, in accordance to this article and as is otherwise presented by the manufacturer. Sea Farm Table members accept that our company is not the party concerned in sales contacts made oaths platform, and our company does not have responsibility for sales contracts.
2. Products that manufacturers may sell on this Service are food produced by the producers themselves, or processed foods including ingredients from producers, unless exceptions are made by our company.
3. Sea Farm Table members agree that the producer is liable for any defects, if the product description differs from the actual product, or in case of damages during transportation due to inadequate packaging. The producers will refund, take back, ore exchange, and all responsibilities and fees belong to the producer.
4. Sea Farm Table members, upon completion of member registration in accordance to Article 3, shall place orders on our website following the designated method. The submission of this order information is a sales contract regarding each category （Omakase box）.
5. Upon receiving said registration, we will send an e-mail (order confirmation e-mail) to the producer containing receipt confirmation of the order information and order details. (At the point of sending and receiving the order confirmation email, the sales contract is not yet complete.)
6. In regards to the registration in Item 4, the sales contract for the product is completed when the producer sends an e-mail confirming order receipt, or when the order history on our website shows that the order has been confirmed.
7. Sea Farm Table members must fulfill payment and other duties to producers in accordance with the sales contract between the member and producer. If the Sea Farm Table member wishes to cancel their purchase, they must make a declaration within the designated timeline and conditions to the producer and our company.

The payment must be made in the manner designated by our company, and we will receive the payment on the producer’s behalf.

8. Regarding contractual status, rights or duties occurring from the sales contracts made on this Service between Sea Farm Table members and producers, members may not transfer, relocate, collateralize, or otherwise dispose of these to a third party.
9. When the contract between a producer and our company has expired, is canceled or ends for any other reason, the contract made between the Sea Farm Table member and the producer regarding the online direct sales also ends.
10. As our company is not the party concerned in sales contracts concluded between Sea Farm Table members and producer members, we are not liable for default responsibility or defected goods, nor any other responsibility.

Article 8 Subscription purchase

1. Subscription purchase is a service where we regularly send our 「季節のおまかせボックス」category products.
2. Sea Farm Table members can register for subscription purchase by registering on our website in the designated manner.
3. However, subscription purchases in the category 「季節のおまかせボックス」, availability must be confirmed with the producer, as depending on the category the Sea Farm Table wishes to small-scale producers or producing goods.

Article 9 Prohibited behavior

Sea Farm Table members are prohibited from the following behaviors (or actions inducing such behavior, and preparation for such behavior.)

1. Solicitation for election campaigns or network marketing business.
2. Behaviors relating to illegal behaviors or behaviors going agains public order and morals.
3. Sending obscene information or information harmful to youth.
4. Sending information regarding dating relationships.
5. Behaviors going against he law or rules set by our company, or any organizations the Sea Farm Table member is a part of.
6. Sending information including computer viruses or other harmful computer programs.
7. Tampering information relating to this Service.
8. Sending data larger than is designated through our company through our Service.
9. Using system or software security holes or errors and bugs regarding our website.
10. Any behaviors that may obstruct our company’s operation of this Service.
11. For one person to have more than one account.
12. Violating rules and regulations regarding this Service, posted on our website and on the application.
13. In cases where Sea Farm Table members are also registered as seller members, the action of both groups purchasing each other’s products (hereinafter written as exchanging), or paying the difference in cases where the exchanged products do not match in price, or or making such propositions.
14. Using Services for a different purpose than was originally intended.
15. Doing business with products registered on our Service without using our Service, or inducing such acts.
16. Collecting and accumulating data regarding Sea Farm Table members or sellers, beyond the required means of using this Service.
17. Using another Sea Farm Table member’s or seller’s user ID and password in this Service.
18. Acquiring user ID or password from other Sea Farm Table members or seller members.
19. Any behaviors that our company, for reasonable reasons, deems inappropriate.
20. If a Sea Farm Table member’s transmission of information fits any of the earlier items, or if our company deems that it does so, we can, without prior notification to the Sea Farm Table member, delete part of or all of the relevant information. Our company is not liable for any damages the Sea Farm Table member might incur due to the measures that our company may take based on this item.

Article 10 Stoppage of Services

If any of the following apply, our company may end part of or all of Services without first notifying Sea Farm Table members.

1. For regular or urgent computer system inspections or maintenance work regarding Services.
2. In cases where computers or communication networks stop due to an accident.
3. If operation of Services becomes impossible due to inevitable cases such as pandemic, fire, power outage, natural disasters.
4. If external SNS services experience trouble, pause or stop providing said services, when cooperation with our services is halted, or when there is a change in specification, etc.
5. Other reasons where our company, based on reasonable reasons, decides it is necessary to pause or stop Services.
6. Our company can stop providing Services according to our circumstances. In this instance, our company will notify Sea Farm Table members beforehand.
7. Our company is not liable for any damages that Sea Farm Table members may receive from measures taken based on this article.

Article 11 Information storage

In cases where our company stores messages sent and received by Sea Farm Table members for a time due to operational reasons, there is no duty to keep such information, and it can be deleted at any time. Our company is not liable for any damages incurred Sea Farm Table members due to actions taken according to this article.

Article 12 Precautions regarding Downloads, etc

When downloading via our website or apps, or downloading and installing software into computers while using our Services, Sea Farm Table members must take care that the members’ information are not deleted or changed, and take care that machines do not break or are damaged. Our company is not liable for any damages to Sea Farm Table members caused by this.

Article 13 Attribution of Rights

Ownership and intellectual rights regarding our website and Services belongs to our company or is attributed to the licensee. License for our Service based on the registration stipulated by these Terms of Service does not license the intellectual property of our company related to this website or this Service, nor of the licensee. Sea Farm Tables must not, for any reason, take actions that might violate the intellectual property of our company or of the licensee (including but not limited to disassemble, decompile, reverse engineering).

2. Any words, pictures, movies, and other data that Sea Farm Table members post or send, can be used free of charge by our company (all uses including reproduction, duplicate, alteration, sublicense to a third party, etc).

Article 14 Registration Cancellation

1. If a Sea Farm Table member applies to any of the following, our company can pause the use of our Services, or cancel membership as a Sea Farm Table member, without any notice. Cancelling registration is not to prevent damage claims against the Sea Farm Table members concerned.

(1) If any of the items of the Terms of Service are violated.

(2) If it becomes clear that the registration information is false, as well as if our company determines that there is a falsehood.

(3) If operation of the Services are obstructed, regardless of the means.

(4) If there is payment suspension or insolvency, or if bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings are put into place or petitioned.

(5) If a note or check, drawn or accepted, is dishonored or receives a transaction suspension from the clearinghouse, or similar measures.

(6) If there is a petition for seizure, provisional seizure, injunction, compulsory execution or auction.

(7) Upon receiving disposition of delinquency regarding taxes and dues.

(8) In case of death or if commencement of guardianship, commencement of curatorship, or commencement of assistance has been ruled.

(9) If Article 3 Item 7 applies.

(10) Other, if our company deems that continuation of registration as a Sea Farm Table member is not suitable.

(11) Our company is not liable for damages caused to Sea Farm Table resulting from our company’s actions following this article.

(12) Sea Farm Table members can, through notifying our company by the designated means, cancel their Sea Farm Table membership registration. Registration can’t be canceled if there are subscription purchases, pending orders or purchases preparing to be shipped. The Sea Farm member understands that if their registration is cancelled, they can no longer view any information related to their Sea Farm Table membership such as order history.

Article 15 Exclusion of Antisocial Forces

Sea Farm Table members represents and warrants that they do not apply to the following items, nor will they in the future.

1. Themselves or their parent company, subsidiary company, affiliate company, company officers or important staff, are antisocial forces.
2. Themselves or their parent company, subsidiary company, affiliate company, company officers or important staff, have relationships with antisocial forces that should be socially criticized.
3. It has not been five years since the above two items have not applied.
4. Through themselves or a third party, perform the following acts or similar acts to the other party.

Violent demanding behavior

Unreasonable demands going beyond legal responsibility

Using threatening wording or violence regarding a transaction

Spreading rumors, using a deceptive plan or power to defame the other party’s trust, or obstruct the other party’s business.

5. If the above items are violated, our company can cancel the Sea Farm Table member’s membership.
6. Our company is not liable for any damages resulting in the registration cancellation in accordance with the previous item.

Article 16 Disclaimer of Warranties and Exemption

1. Our company’s Service is offered as-is. Regardless of expressed or implied, no guarantee is given to possibilities of commercial use, fitness for any particular purpose, non infringement rights or any other guarantee. Also in the case that a Sea Farm Table member receives information about our Service or Sea Farm Table members, either directly or indirectly from our company, our company does not make any guarantees to Sea Farm Table members beyond the content of this Terms of Service.
2. While our Service may cooperate with external services, this does not guarantee the integration, and our company is not liable if our Service do not integrate with the external services.
3. In cases where our Service cooperates with an external service, Sea Farm Table members will observe the external Terms of Service by their own responsibilities and fees. If there are disputes between the Sea Farm Table members and external businesses operating said external services, our company is not liable for any responsibility regarding the dispute.
4. Sea Farm Table members do research at their own responsibility and fees whether using this Service will violate any laws or inner industry group rules that applies to them. Our company does not guarantee that the use of our Service fits the laws and inner industry group rules that apply to the Sea Farm Table member.
5. Transactions, contacts, disputes between Sea Farm Table members and other members, producers, or external businesses and other third parties regarding our Service, website or application, should be handled and solved under the responsibility of the Sea Farm Table member, and our company is not liable for any of these items.
6. Our company is not liable for compensation from any discontinuation, suspension, end, unavailability or change of Service by our company, deletion of Sea Farm Table members’ messages or information, cancellation of Sea Farm Table members’ registration, loss of data or trouble or damage to machinery due to use of our Service, or other damages Sea Farm Table members received in relation to our Service.
7. Our company is not liable for any information gained from any website or application other than our own, whether it is from a website or application linked to our website or application, or a link to our website or application from another website or application.

Article 17 Dispute Resolution and Compensation for Damages

1. Sea Farm Table members must compensate our company for damages upon violating our Terms of Service, or causing damages to our company through the use of our Service.
2. If a Sea Farm Table member receives a complaint regarding our Service from another Sea Farm Table member, produce, external business or other third party which leads to a dispute, they must notify our company immediately, and handle the complaint or dispute in accordance to the responsibility and fees of the Sea Farm Table member, and notify our company of the progress and results upon our request.
3. If our company receives some sort of claim from other Sea Farm Table members, producers, external businesses or other third parties for infringement or other reasons in relation to a Sea Farm Table member, this member must compensate our company, based on our claim, for the payment we had to make to the third party.
4. We are not liable for compensation regarding any damages a Sea Farm Table receives in relation to our Service.

Article 18

2. Sea Farm Table members will use confidential information only for the purpose of using this Service, and will not provide, disclose or leak personal information from our company to a third party without written consent form our company.
3. Despite item 2, Sea Farm Tables may disclose confidential information based on demands or requests as ordered by the law, a court or a government agency.
4. When duplicating written documents or magnetic media containing confidential information, Sea Farm Table members must receive prior consent from our company, and copies must be managed strictly in accordance with item 2.
5. Sea Farm Table members must, upon request from our company, smoothly and at any time, follow our company’s directions to return or dispose of confidential information and any documents or other media containing or including confidential information as well as all copies.

Article 19 Handling of Personal Information

1. The Sea Farm Table members’ personal information will be handled by our company in accordance to our privacy policy, and we understand that the Sea Farm Table members are in agreement with this.
2. Upon applying for online direct sales services, Sea Farm Table members agree that their personal information will be given, to the necessary extent, to the direct sales services concerned in order to provide said Service or online sales service.

Article 20 Validity Period

The usage agreement is put into effect the day the Sea Farm Table member completes registration based in Article 3, and continues to exist between our company and the Sea Farm Member until said membership is cancelled or the Service is terminated, whichever date comes first.

Article 21 Changes to this Service

Our company can make changes to the contents and specifications of this Service freely.

Changes to our Terms of Service

1. Our company can make changes to our Terms of Service (including rules and regulations regarding our Service posted on our website and application. The same is true in the following section). When changes to the Terms of Service are made, our company will notify Sea farm Table of these changes, and in cases where the Sea Farm Table member uses this Service or if they do not cancel their registration within the timeline set by our company, we understand that the member has agreed to the changes made in the Terms of Service.
2. When making the changes mentioned above, we will give 14 days notice. We will notify the Sea Farm Table members by posting the new Terms of Service contents on our website, or notify members by other means. The changes will be put into effect with the completion of the aforementioned notification period.

Article 23 Communication and Notification

1. Communication and notices, as well as notices regarding changes in our Terms of Use and other communications to Sea Farm Table members, will, as a principle, be sent from the e-mail address registered to Sea Farm Tables (except in certain circumstances where our company deems that another method is adequate).
2. When sending notifications via e-mail, we will deem the notification process complete when the e-mail has been sent to the mail server which manage the registered Sea Farm Table members’ e-mail addresses.

Transfer of Terms of Service

1. Sea Farm Table members may not transfer, relocate, collateralize, or dispose of the rights and duties based on this Terms of Service, or status upon the usage contract, to a third party without a prior written agreement from our company.
2. In the case that our company transfers the business of this Service to another company, we may, in accordance with the business transfer, transfer status upon usage contract, rights and duties based on this Terms of Service, and registration information from Sea Farm Table members and other client information to the transferee of said business, and we understand that Sea Farm Table members are in agreement with this in accordance with this item. Business transfer stated in this item is not limited to regular business transfers, but includes company split, and any other possibilities in which the business relocates.

Article 25 Complete Agreement

This Terms of Service constructs a complete agreement between our company and Sea Farm Table members regarding items in this Terms of Service, and whether oral or written, we prioritize prior agreement, declaration and consent regarding items in this Terms of Service.

Article 26

If some items of part of the items from this Terms of Service are deemed invalid or unenforceable by the Consumer Contract Act or other laws, the remaining parts of the Terms of Service and the parts not deemed invalid or unenforceable will continue to be in effect. Also, our company as well as Sea Farm Table members shall, upon discussion, modify the invalid or unenforceable items to be lawful and enforceable, within the extent necessary, so as the purpose of the items can have equal effect legally and economically.

Article 27 Survival

Of the items in our Terms of Service, if its purpose requires survival after termination of contract, it shall survive effectively. However, all covenants of confidentiality shall survive the term of agreement by an additional three years.

Article 28 Governing Law and Jurisdiction

The governing law of this Terms of Service is Japanese Law. Any disputes caused by or related to this Terms of Service shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.

1^st February, 2021