Term of Service

 

Section 1(Purpose and Definition)

  1. Term of Service for Application “bananaq”(hereafter described as “the Term of Service”)stipulates overall operational rules for services provided by Donodo Japan GK, which support to realize needs for reduction and prevention of food loss, and Term of Use for this application predetermined by Donodo Japan GK in providing our services.

  2. Terms in this Terms of Service are defined as shown below;

    1. Our company: Donodo Japan GK, which provides our services

    2. This application: Predetermined application created by us to provide our services

    3. Intending user: Persons who intend to use this application

    4. User: Persons to whom an account described in the Section 2 has been issued to be a user of this application

    5. Food transaction support service: Among our services those that support food sales transactions between users who intend to sell stock foods, which, they themselves produced, caught, manufactured or processed and users who intend to purchase those foods

    6. Foods for sale: Foods covered by this food transaction support service

    7. Sell: The act of putting up foods for sale, and those who do so are described as a “Seller”

    8. “Buy”: The act of purchasing foods on sale, and those who do so are described as “Buyer”

    9. Food donation support service: Among our services those that support users who intend to donate food for domestic consumption to organizations, which collect and redistribute those foods (hereafter described as the “Foodbank”)

    10. Food for donation: Foods covered by this food donation support service

    11. Donation: The act of donating foods, and those who meet the Term of Use described in the Clause 1 of the Section 5 in donating foods are described as a “Donor”

    12. Undertaking: The act of accepting donated foods, and those Foodbanks who concluded undertaking contracts with our company are described as an “Undertaker”

    13. Shipping: The act of shipping donated foods provided by a donor based on consignment by an undertaker, and those companies or organizations who concluded shipping contract with our company are described as a “Shipper”

Section 2(Qualifications for user)

  1. Qualifications for user shall not be restricted by their nationality, however, considering that the services of this application are provided either in Japanese or English, it is recommended that an intending user use either one of them. An intending user shall not necessarily be a legal adult, however, an intending minor user shall have parental consent to sign up for our services. Also, those minors shall not use our service to purchase certain kinds of food for sale as restricted by law.

  2. An intending user shall provide us with his/her name, date of birth, residential address, telephone number, email address and other information as stipulated by our company.

  3. An intending user as a seller shall, in addition to the previous clause, provide us with a piece of identification and face photo through this application. Sellers shall be responsible for securing any applicable license or permits related to the item to be sold.

  4. Upon agreement on this Term of Service and Privacy Policy (hereafter descried as “Privacy Policy”) prescribed by our company, an intending user shall, in accordance with the application form provided in this application, apply for use of this application in addition to provision of information as described in the previous clause. As we assign a part of bill settlement businesses to a payment agency designated by our company, a user is required to follow any necessary procedures to use our payment system.

  5. A user shall use an email address, SMS account, or mobile phone number as Login ID and a self-set password (hereafter described as “Account Info”) to log in. Sellers shall also be authenticated by facial recognition system designated by our company in addition to login with their account info.

  6. Notwithstanding the previous clause, when our company deemed that an intending user may correspond to one of followings, we may not provide such an intending user with the user qualification. Our company in such case shall not be oblige to disclose the reason of rejection to an intending user.

    1. An application for registration with a payment agency designated by our company was not approved, or a settlement was defaulted

    2. There is a history of violation of this Term of Service

    3. A false is found in the application

    4. An intending user does not agree to the Privacy Policy

    5. An intending user is deemed as a person with limited ability as provided by the Civil Law and still does not have a consent of legal representative.

    6. An intending user is deemed to correspond to the concerns described in the Section 11.

    7. Our company deemed an applicant to lack a suitability as a user.

  7. A user is expected to manage the account info strictly, and shall not transfer, change name, provide those information with a third person, or secure them as a collateral. A user shall bear responsibility for all damages and losses caused by his or her own fault, deliberate or negligent, or those caused as a result of a third party use, and shall not hold our company responsible for any of them.

  8. Through this application, a user can cancel our service. However, a user shall complete any pending roles and obligation and pay any remaining debts to our company or other users at the time of application for cancellation. The cancellation procedure shall not complete until abovementioned obligations and payments have been fully performed.

Section 3 (Update procedure)

When information registered with this application has changed, a user shall update their information without delay according to the update procedures described by our company.

Section 4(Food transaction support service)

  1. The food transaction support service shall mainly be provided following the procedure shown below, and details are to be disclosed through this application by our company.

    1. Sellers shall register with this application photos of foods for sale, characteristics, price of sales, selectable delivery methods, shipping policy, best-before date, allergen labelling and other arbitral points to remember (hereafter described as “Food Info”).

    2. After viewing food info provided by this application, buyers are to apply for purchase by completing advance payment through settlement system provided by payment agency designated by our company (or by cash if a seller agrees to on-site payment or other methods) to conclude food sales transaction between a buyer and a seller. The method of payment cannot be changed after a transaction is concluded.

    3. A buyer is to receive purchased food by one of following methods.

      1. Directly visit a seller to receive purchased food

      2. Seller provides purchased foods inside eating establishments, through takeout or delivery services

      3. Receive purchased food by shipping from a seller

      4. Any other methods mutually agreed by a seller and a buyer

    4. Our company shall assign points equivalent to the amount of purchase as is separately set in the Point Special Policy designated by the company.

  2. An agreement on sales transaction shall be concluded between a seller and a buyer, and our company shall not, in any way, be involved in forming an agreement or hold responsible for any obligation. However, the procedure for cancellation shall follow rules described in the Section 5 and 6.

  3. Troubles related to foods for sale shall, as a rule, be settled between a seller and a buyer as described in the Section 7.

  4. Our company shall receive, as a charge for the Food Transaction Support Service, the amount obtained by multiplying the amount of food sales by the rate designated by our company (hereafter described as “Food Transaction Support Charge”) plus consumption tax from a seller.

  5. Our company is to balance the Food Transaction Support Charge with the food purchasing amount (limited only to those processed by the payment agency designated by our company) and make a payment to providers by methods designated by our company.

  6. Our company is to process payments, such as the Food Transaction Support Charge, which is described in the Section 2 and other sales settlements, through the payment agency designated by our company.

  7. A seller can be eligible for our Premium Plan Service by paying a fixed monthly subscription to our company. The contract and monthly subscription for the Premium Plan are to be set on a monthly basis and payments are to be made according to the method described in the previous clause. Our company is to decide and change the contents of Premium Service and update them on this application.

  8. A seller and a buyer are not to engage in any direct transaction other than those formed and concluded under this Food Transaction Support Service. Our company is to limit those seller and buyer’s account when we found such a direct, out-of-agreement transaction taking place.

Section 5 (Cancellation by a seller)

  1. All cancellation policies will apply soon after buyer accepts the Terms of Service during checkout and places the order.

  2. When a seller wants to cancel a food transaction after an advance payment had been completed, the seller is to reimburse the buyer in full amount and pay 15% of the total transaction amount as a cancellation handing charge. Also, the buyer is to be reimbursed with a coupon, equivalent of the handling charge, for the next purchase.

  3. In case the payment is to be made on site and settlement is still pending, a seller is to pay 15% of the total transaction amount as a cancellation handling charge. The buyer is to be reimbursed with a coupon, equivalent of the handling charge, for the next purchase.

Section 6 (Cancellation by a buyer)

  1. All cancellation policies will apply soon after buyer accepts the Terms of Service during checkout and places the order.

  2. When a buyer wants to cancel a food transaction after an advance payment had been completed and a seller is yet to prepare the order, a buyer can be reimbursed in full by paying 5% of the total transaction amount as a cancellation handling charge.

  3. When a buyer wants to cancel a food transaction after a seller had made an arrangement for the order, the buyer shall pay 50% of the total amount of the transaction as the cancellation handling charge and refunded 40% of the total after the 10% of the remaining amount automatically goes to the handling charge.

  4. A buyer cannot cancel a food transaction after the seller had completed an arrangement for the delivery the purchased food. This also apply to cases where a buyer is not willing to receive the purchased food without performing the cancellation procedures. However, if the buyer believes he or she has regiment reasons for cancellation, a dispute may be submitted to the app for a review.

  5. A buyer will be exempt from paying a cancellation handing charge if the payment is expected to be made on site and the settlement is still pending. However, when the buyer is deemed to be engaged in such behavior a number of times, our company is to target the account for censure and take necessary actions.

Section 7(Settlement of dispute between users)

  1. By using the make-an-objection function provided on this application, a seller and a user can settle transaction-related dispute (including cases where cancellation cannot be made). For disputes that cannot be settled through this function, a buyer and a seller can contact our customer support service.

  2. When a seller intends to make an objection against a buyer after the transaction had been completed, a seller can use the make-an-objection function provided on this application to contact the buyer to notify whether to give the refund or not.

  3. If a buyer has come to have any concerns for the purchased food after the transaction had been completed, a buyer can use the make-an-objection function provided on this application to contact the seller to claim for refund and discuss their concerns with the seller.

Section 8 (Food donation support service)

  1. A user who meets all the terms of use shown below can use the Food Donation Support Service as a donor.

    1. A user has an intention of donating foods to the Foodbank

    2. The number of foods for donation whose container is not opened, more than a month left until the “best-before” date, and can be kept at a room temperature, which are possessed by a user is larger than the one designated by our company.

    3. A user agrees to provide personal information to both an undertaker and a shipper.

    4. A user can stay at home on the day of visit by an undertaker or a shipper for collection (hereafter described as “collection date”)

    5. A user meets other conditions designated by our company

  2. The Food Donation Support Service shall mainly be provided following the procedure shown below, and details are to be disclosed through this application by our company.

    1. Through this application, our company is to monthly announce the collection of donation food to be performed on a specific day for the limited participants in specific areas.

    2. A donor who, through this application, received the announcement described in the previous item and meets the terms of use described in the previous clause can decide whether to participate or not.

    3. According to the previous item, our company is to provide an undertaker with donor information through this application.

    4. An undertaker is to contact the donor to schedule the collection of foods and to arrange some other things.

    5. An undertaker is to visit the donor with a shipper on the collection day, carry out an inspection to see if the food for donation meets all the conditions described in the Clause 1, collect acceptable foods and report to our company.

    6. Our company is to reimburse users with points according to the amount of donation as is separately set in the Point Special Policy designated by our company. Our company will reward users with future purchase discounts based on the number of successful donations.

  3. Notwithstanding the previous clause, our company may collect donated products at our own risk using the delivery company designated by our company according to the condition of local where the donor resides.

  4. An agreement on donation-related returns and cancellations are to be concluded between a donor and an undertaker, and our company shall not, in any way, be involved in forming an agreement or hold responsible for any obligation.

  5. Any disputes related to foods for donation shall be settled between a donor and an undertaker, and our company shall not, in any way, be involved in those settlements for disputes or hold responsible for any obligation

Section 9(Agreements and points to remember before using our services)

  1. A user shall agree in advance for us to provide, on behalf of users themselves, user information to another user, a transaction partner.

  2. A seller shall be aware of the fact that they are themselves a business person performing mail-order transactions and take necessary care in displaying information (other than those which our company displays as a common user information) as stipulated in the Specified Commercial Transactions Act, Section 11, and pledge to observe the law.

Section 10 (Prohibitions) 

To use our services, a user shall not engage in activities shown below.

  1. Solicit a transaction not covered by our service

  2. Sell products such as alcoholic beverages to a user with a minor label, which has been prohibited by law

  3. Engage in an act offensive to public order and morals

  4. Engage in an act of misleading an user

  5. Engage in an act of impersonation

  6. Engage in an act of infringement on the intellectual property right and other rights of our company, other users or a third party

  7. Engage in an act which is offensive to our company, other users or a third party

  8. Engage in an act of registering false information with this application

  9. Engage in an act of manipulation of registered information

  10. Engage in an act of imposing a burden on our system or causing a system failure

  11. Engage in an act of disrupting our system

  12. Engage in an act of selling foods or beverages containing pharmaceutical ingredients

  13. Engage in an act of selling food items without secondhand dealer license or a liquor selling license

  14. Engage in an act which can be deemed as inappropriate

Section 11 (System suspension or outage of this application)

  1. In one of those cases shown below, our company can, without any advance notice of any kind, suspend the entire, or a part of this application.

    1. Emergency computer service or maintenance has to be carried out

    2. In case of a blackout or a server failure

    3. In case of a computer or a communication line failure

    4. In any event of Force Majeure such as an earthquake, a lightning strike or a fire

    5. In any other cases where our company deems the action necessary

  2. Our company can, without any advance notice of any kind, stop provision of our service through this application and take action against a user who is deemed to be in violation of any of one item in this Term of Service.

    1. Disqualify a user from using our services

    2. Delete or disclose a user’s registered information

  3. Our company shall not be held responsible for any damages and losses caused as a result of actions described in the Clause 2, except for those accidents caused by an intentional act or the gross negligence of our company. Also, our company can make a claim against a user or those who were users for damages and losses caused as a result of actions described in the Clause 2.

Section 12 (Responsibilities of our company)

  1. Our company is not to guarantee the authenticity, or be held responsible for legality and safety of any kind of all information users have registered with our service.

  2. Since the purpose of our service is for our company to support various needs related to reduction of food loss, all the sales transactions and donations are to be carried out under the responsibility of users, and our company shall not, in any circumstances, be an interested party in any of those activities, nor shall we act as an agency nor a mediator. Thus, our company shall not, in any way, be held responsible for cancellations and returns of products for transaction or donated foods, or settlement of disputes.

  3. Our company shall not, in any way, be held responsible for a user’s device failure, communication line failure, occurrence of errors or bugs, or any damages and losses caused to a user or a third party as a result.

  4. Our company shall not, in any way, be held responsible for any damages to users caused by computer viruses or malwares that are difficult to detect and take actions against, as long as we are taking necessary precautions and actions against them as a general service-providing company.

  5. A user is to use an advertisement information designated and posted on this application by our company at user’s own discretion.

  6. The disclaimer for our company as described in this Term of Service shall not apply to us if our company has intentional faults, or is to be responsible for gross negligence. Also, even in case a part of Clause of this Term of Service’s Disclaimer Section has been invalidated, cancelled or suspended by the Civil Law or the Consumer Contract Clauses, the rest of remaining part is to continue to exist and stay fully effective.

Section 13 (Attribution of rights)

  1. All the copyright, the trademark right, the design right, the image right or any other rights shall belong to our company or an entitled person who allowed us to use them, except for those belonged to a user or a third party before posting on this application.

  2. A user shall not, according to the previous clause, use, convert, reprint or duplicate the information and rights relevant to this application that belong to our company, without our permission.

  3. In relation to all the copyrights of this application, including those stipulated in the Article 27 and 28 of the Copyright Act, a user shall give free license to our company and not exercise the moral rights.

  4. In connection with the information registered with this application, a user is to guarantee that the third party’s rights are not infringed upon, and in case of any disputes with the third party, including those involving our company, they are to settle those disputes at their own risk and responsibility.

Section 14(Elimination of antisocial forces)

  1. A user, or an intending user shall affirm that he or she is not a member of an organized crime group and does not, or will not ever belong to an organized crime group, a company affiliated with an organized crime group, “sokaiya” racketeer groups, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities and crime groups specialized in intellectual crimes, or fit the definition shown in items below.

    1. Related to a management dominated by antisocial forces

    2. Related to a management essentially involved with antisocial forces

    3. Involved in activities considered as exercising antisocial forces such as having a purpose of profiting from illicit gains for oneself, one’s company or a third party, or doing damage to a third party

    4. Engage in an act of providing funds to antisocial forces and doing favors

    5. A president or an executive or an employee essentially invoiced in management can be deemed as having a socially criticized relationship with antisocial forces

  2. A user or an intending user shall affirm that he or she will not engage in the acts described below him or herself, or through a third person.

    1. Make unreasonable demands

    2. Make unreasonable demands that go beyond the limits of legal liability

    3. Use threats or an act of violence in conducting transactions

    4. Engage in an act of spreading false rumors, damaging credit through frauds or by using power, or interference of business

Section 15(Confidentiality)

A user shall not breach or disclose information such as our trade secrets, user information or user’s technology obtained through our services to a third party, including disclosure on SNS.

Section 16(Changes to our services or the term of service)

  1. Our company is to be able to make a change to our services at any time, which shall be announced through this application. A user shall be deemed to have agreed on the changes when he or she used our services after the announcement.

  2. Our company is to be able to make a change to the Term of Service by notifying users. However, if the change is not detrimental to users, our company may change the notice to an announcement.

Section 17 (Handling of personal information)

Our company is to handle the personal information of users according to the Term of Service and the Privacy Policy. 

Section 18 (Governing Low and Jurisdiction Agreement)

The Term of Service is to be interpreted under the Japanese law. Any disputes arose between our company and a user in relation to the services, the Shizuoka District Court or the Hamamatsu Summary Court shall be the exclusive consensus court of jurisdiction for its first trial in response to amount of the case.

Special Contract for Point Granting

 

Section1.(The positioning of this Special Contract)

  1. This Special Contract for Point Service (hereafter referred to as “This Special Contract”) is a supplemental contract to the “banana Application Terms of Service.” Users shall agree to the aforementioned Terms of Service and This Special Contract before start using our food transaction support service and food donation support service.

 

Section2.(Granting points)

  1. Our company shall give points that are redeemable for the purchase of the food transaction services, to those buyers who meets all the conditions shown below (hereafter referred to as “granting condition”)

    1. The amount of purchase of the food transaction services exceeds the amount designated by our company.

    2. The donation has been completed using our food donation support services.

    3. In addition to items above, the conditions announced and added by our company have been met.

  2. Our company shall set the amount shown in the condition item “1” and fix the reimbursement rate and the upper limit of the amount which can be reimbursed by points, which shall be announced the buyers through this application or notices distributed through this application.

 

Section3.(Announcement to target buyers for point granting)

  1. Our company shall make an announcement to those buyers who meet the point granting condition “1” that they shall be granted points by participating a food collection event to be held in their residential area and completing a food donation.

  2. On receiving the announcement shown in the previous clause, buyers shall be able to respond with one item from the set options below.

    1. Interested in donations

    2. Declined to give out foods as I’m not interested in the food donation

    3. Planning to select between 1 and 2 within the period predetermined by our company

Section.4(Point usage)

  1. Buyers who meet all conditions for point granting shall be able to review the granted points on this application and reimburse the next purchase of the food transaction services with the points granted, within the rules set by our company.

  2. The effective date of the granted points shall be within one month of granting.

  3. If a buyer selects the Item “2” of the 2nd Clause of the Section 3, the amount of money tantamount to the point shall be used to make a donation to the food bank or other organizations designated by our company. The same shall apply to cases where a buyer selected the Item “3” and did not go on to select either the Item “1” or “2” of the same Clause within the period predetermined by our company.

 

Section.5(Others)

Matters not stipulated in this Special Contract shall be in accordance with the Terms of Service.