Thank you for visiting Kaeru Tour. These are our Terms and Conditions of Use (the ‘Terms’), which are a contract between you and Kaerutour, Inc. for the use of our online platform and services that connect people with delicious dining experiences, provide restaurant reservations and e-commerce products. The Platform and Services are available at https://www.kaerutour.com (the ‘Site’).

The Site and its online services (guide services, customised VIP gourmet concierge experiences,) are hereinafter referred to as the “Services”. Please read these Terms and Conditions carefully before using the Services. If you have any questions, please do not hesitate to contact us.

Kaerutour is a platform service provider

Kaerutour is an online platform where users can enjoy gourmet experiences organised by local guides and access other services. Customer satisfaction is our top priority. Our goal is to make your experience as tasty and enjoyable as possible. While we do our best to screen each guide and seller to ensure quality, Kaeru tour’s responsibilities under these Terms and Conditions are to facilitate the availability of the service, to act as a limited payment agent for each guide and seller. You acknowledge and agree that Kaeru tour’s responsibilities under these Terms and Conditions are limited solely to functioning, arranging restaurant reservations, processing refunds to the User, and holding and managing payments as a fiduciary on behalf of the Guides, Sellers and the User. For clarity, terms are defined as follows.

• “Guide Services” means the food and beverage events (food tours, culinary experiences, ) offered by the Guide to the User, which the User may purchase through the Services.
• A ‘Guide’ is a member of staff who organises and provides food experiences.
• “E-Commerce Goods” are food, beverage and kitchenware products that are made in Japan, shipped directly to international Users and available for purchase by Users through the Services.
• “Seller” means a Member (as defined under “Use of the Service”) who sells E-Commerce Products.
• “User” means a Member who books a gourmet experience, makes a restaurant reservation or requests a VIP gourmet concierge through the Services or participates in one of the gourmet experiences through the Services.

Use of the site and its services is at your own risk and Kaeru tour disclaims all warranties, express or implied, and limits its liability in these terms and conditions. A disclaimer of liability is provided at the end of these Terms and Conditions. If you are subjected to any conduct that you consider offensive, threatening, dangerous or otherwise illegal during your dining experience or use of the Services, or if you suspect theft or damage to your property or possessions, contact the appropriate local authorities or emergency safety agency immediately (call 110 in Japan). Kaeru tour cannot provide or arrange local emergency services.

Contract between you and Kaeru tour

Agree to the Terms of Use

by accessing the Site or using our Services, you agree to these Terms of Use, whether or not you have created and registered a Kaeru tour account (as defined in the Use of Services). If you do not agree, do not use (and are not authorised to use) the Services. If you access and use the Services on behalf of a company (such as an employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In such cases, ‘you’ and ‘your’ refer to that company or other legal entity.

Additional terms and conditions may apply to certain areas of the Site or features of the Service, in which case please read the Additional Terms. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will govern your use of that area of the Site or feature of the Service.

Changes to the Terms of Use or Service

Kaeru tour reserves the right to change these Terms at any time and will post the changed Terms on the Site or otherwise notify you of updates. We will also update the “Last Updated” date at the bottom of these Terms and Conditions. It is important that you review the updated Terms as your continued use of the Services after notification of an update constitutes your agreement to be bound by the amended Terms. If you do not agree to the updated terms and conditions, you may not use the service. Our services are subject to continuous improvement and may evolve over time. Therefore, we may, at our discretion, change or discontinue all or part of the Services at any time and without notice.

USE OF THE SERVICE

To use certain features of the Service, you must become a “Member” by creating an account (“Account”) with an email address and password. You may only use the Services if you are 18 years of age or older and are not prohibited from using the Services under applicable law. You may not become a Member to obtain information about other Members or to contact other Members for any other purpose.

You must provide us with accurate and up-to-date information about your account. If you do not provide it, we may have to suspend or terminate your account. You agree not to share your password with any third party and to notify us of any unauthorised use of your account. You are responsible for all activity that occurs on your account and must notify us immediately of any breach of security.

Privacy Policy

For information on how we collect, process and disclose information from our members, please refer to our Privacy Policy.

Data protection

As a member, you have access to personal information relating to the service. For example, a user may have the email address and general location of the Guide. This information can only be used in relation to the service. If you access other members’ personal information, you must comply with applicable data protection laws in the processing of that information and adhere to the Privacy Policy. You are never permitted to copy, change or access the information for any reason other than as permitted in these Terms and Conditions.

How are services (e.g. Dining Experiences, VIP Gourmet Concierge) paid for?

The user must pay the total guide service fee in order to book or order a guide service. During the booking/ordering/ordering process, the total guide service fee is displayed. This may include taxes and payment processing fees.

On the checkout page, the user is provided with a full price breakdown and asked for payment information, including credit card details. The credit card will only be charged after the guide has confirmed the booking of the guided service. Similarly, payment for paid reservations is only processed after confirmation. For fine dining reservations and VIP gourmet concierges, a payment link is emailed to the user after the arrangements have been made. Similarly, e-commerce orders are invoiced after the seller has accepted the order.

By paying the service fee, you authorise kaerutour.com to send instructions to the financial institution that issued your card to make payment from your card account, in accordance with the terms and conditions of your agreement with kaerutour.com Kaerutour is, Accept Amex, Visa, JCB and Mastercard credit cards processed by Stripe’s secure processing system.

If you pay for a guided service reservation, restaurant reservation, e-commerce order or custom VIP Gourmet Concierge Experience through the Services, you agree that (a) Kaeru tour may charge your credit card for the purposes of verification, pre-authorization and payment, and (b) you agree to pay any applicable guided service fees, reservation fees, e-commerce order fees or other fees to Kaeru tour acting as the payment agent for the guided service may charge, (b) you pay any applicable guide service fees, booking fees, e-commerce order fees or other fees to Kaeru tour acting as the guide’s payment agent, and (b) you agree that guide funds will be paid to one or more customer accounts (as defined below in “Member Payment and Management of Funds” below), (c) you agree to any additional charges that your bank or other financial services provider may impose on you, and any applicable taxes. You will receive a confirmation email once the transaction has been completed. If you have any concerns about the charges, you agree to inform Kaeru tour first without cancelling or rejecting the credit card charge until you have made reasonable attempts to resolve the issue directly with Kaeru tour or Guide.

Contracts with guides, sellers and restaurants.

The responsibility to honour confirmed reservations, confirmed restaurant reservations and confirmed e-commerce orders lies with the Guide, Seller or restaurant, not Kaeru tour. You agree to leave the guiding service or restaurant location at the end of the guiding service or meal or if the guide informs you that he/she feels uncomfortable with your presence at the guiding service location.

As a user, you are responsible for maintaining the privacy of the Guide’s contact information. Under these Terms and Conditions, you may contact Guide through the Site or as necessary to provide the Services. We will, at our sole discretion, use reasonable efforts to assist you in your interactions with Guide and to make your experience as smooth as possible, but you, not Kaeru tour, are responsible for the performance of your contractual obligations with Guide, and Kaeru tour is not responsible in relation to such contracts No liability is assumed by Kaeru tour.

As a user, by providing us with certain personal information, you agree that Kaeru tour may use that information to provide services to you. This may include sharing some of your personal information with guides, sellers or restaurants. Any personal information you provide will be protected as described in our Privacy Policy. You can also request additional information by sending us an email.

Dealing with complaints and claims

Kaeru tour is committed to making the guiding and other services as enjoyable as possible for its users. If you have a problem with a guide, seller or restaurant, we encourage you to contact the guide, seller or restaurant directly to resolve the issue. We may also make reasonable efforts to assist in resolving the issue. In such cases, you must, in good faith, make a complaint or allegation in relation to any investigation relating to the guide service, restaurant or e-commerce order, the conduct of the guide and seller, or any investigation made by Kaeru tour or a Kaeru tour representative in relation to the use or abuse of the service, to Kaeru tour and agree to provide such information and take such action as Kaeru tour may reasonably request.

Payment and management of Member funds for food and beverage experiences and e-commerce orders

Members acknowledge and agree that funds paid to Kaeru tour for services are provided to Kaeru tour solely for the purpose of obtaining services and paying for them. This includes, but is not limited to, payment of the total guide service fee, the e-commerce order fee, and any mark-up and other fees we are permitted to charge under these Terms and Conditions (‘Member Funds’).

Cancellation policy for dining experiences

Users can cancel the guide service via the booking page. If the booking request is cancelled before the guide has approved the booking, the user will receive a full refund. If you cancel a confirmed booking within the permissible cancellation period set by the guide, as stated on the Guide Services page, you will receive a full refund minus a 3.2% transaction fee.

However, if a confirmed booking is cancelled after the end of the permissible cancellation period, no refund will be given.

Code of Conduct

Kaeru tour aims to make the use of the Service as safe and smooth as possible. You therefore agree to use the Service only in accordance with the User Code of Conduct set out below. If you breach the User Conduct Terms, your account may be suspended or terminated.

User Conduct Terms

In connection with your use of the Services, you agree not to:

-Use the Services for any commercial or other purpose not expressly authorised by these Terms.

• Reproduce, store or otherwise access any information obtained through the Service for any purpose not expressly authorised by Kaeru tour or in breach of any law.
• Interfere with or damage the Services, including but not limited to the use of viruses, bots, Trojan horses, harmful code, floodping, denial of service attacks, packet or IP spoofing, forged routing or similar methods or technologies.
• Use the Service to transmit, distribute, post or submit information about any other person or entity, including personal contact information, credit card, debit card or bank account numbers.
• Using the Services in connection with the delivery of unsolicited commercial email (“spam”) or advertising unrelated to the Services on the Kaeru tour platform.
• Paying or offering money to the Guide during and/or in connection with the dining experience.
• Violating any local, provincial, national or other law or regulation or court order, including but not limited to tax regulations or data protection regulations.
• Causing damage to the place where the guiding service is held or to the property or personal effects of the guide.
• Recruiting or soliciting guides or other service users to join a third party service or website that competes or is similar to Kaeru tour without Kaeru tour’s prior written approval.
• Use any manual or automated software, device, script, robot, robot or other means or process (including automated scripts) to collect information or interact with the Service or access web pages or other services included in the Service or ‘scraping’, “crawling” or ‘spidering’.
• “stalking” or harassing other users of our services or collecting or storing personally identifiable information about other members other than for the purpose of dealing with them as users
• Contacting a guide for any purpose other than to ask a question related to the booking of a guide service (unless authorised by the guide).
• Abuse of Kaeru tour employees, including but not limited to the use of written or telephone verbal abuse.
• Impersonating any person or entity or misrepresenting or misrepresenting yourself or your relationship with any person or entity.
• Post, upload, publish or transmit any content that (i) infringes any patent, copyright, trademark, trade secret or other intellectual property right or any right of publicity or privacy of any third party (ii) that violates or breaches any applicable law or regulation or encourages conduct that would give rise to civil liability; or (iii) Is fraudulent, false, misleading or deceptive; or (iv) Is defamatory, obscene, pornographic, indecent or offensive; or (v) which promotes discrimination, prejudice, racism, hatred, harassment or harm against any person or group; or (vi) Is violent or threatening or encourages threatening violence or conduct towards others. (vii) that promotes illegal or harmful activities or substances.

-Using, displaying, mirroring the layout and design of the Services or individual elements within the Services, Kaeru tour’s name, Kaeru tour’s trademarks, logos or other proprietary information, or the pages or forms contained on the pages without Kaeru tour’s express written consent or framing.

• Accessing, tampering with or using non-public areas of the Services, kaerutour’s computer systems or the technical delivery systems of Kaeru tour’s providers.
• Probing, scanning or testing the vulnerability of Kaeru tour’s systems or networks or attempting to breach security or authentication measures.
• circumvent, bypass, remove, disable, damage, decrypt or otherwise bypass technical measures implemented by Kaeru tour or Kaeru tour’s providers or other third parties (including other users) to protect the Services or content on the Services (iii) circumvent, bypass, delete, disable, damage, decipher or otherwise circumvent technical measures implemented by third parties (including other users) to protect the Services or Content on the Services.
• attempt to decipher, disassemble or reverse engineer the Services or the software used to provide the Content on the Services; or
• Advocate, encourage or assist any third party to do any of the above.

Food Enforcement Rights

We have no obligation to monitor access to or use of the Services or to review or edit content, but we reserve the right to do so for the purpose of operating the Services, ensuring compliance with these Terms or complying with applicable law. We reserve the right, but have no obligation, to remove or disable access to any content on the Site at any time and without notice, including, but not limited to, content deemed offensive or in breach of these Terms or the User Code of Conduct, in our sole discretion. We reserve the right to investigate any breach of these Terms of Use or any conduct related to the Services. We may also consult and co-operate with law enforcement authorities to prosecute users who violate the law or other legal requirements and may provide such authorities with access to any content on the Site.

Copyright Policy

Kaeru tour’s policy is to terminate accounts in appropriate circumstances for account holders who repeatedly infringe the rights of copyright holders. For more information, see Kaeru tour’s Copyright Policy.

Links to third party websites or resources

The Service may contain links to third party websites or resources, such as Google Maps. We are providing these links only as a convenience and are not responsible for the content, products or services on these websites or resources or on any links that appear on third party websites. You acknowledge that you are solely responsible for and assume all risks arising from the use of any third party website or resource.

Exclusion of anti-social forces

In using the Service, the Company, Users, Guides, Vendors, Members and all other related parties are prohibited from using the Service in relation to any members of gangs, members of antisocial groups , persons who have been gangsters within the past five years, quasi-constituents of members of gangs, companies related to gangs, general assemblymen, etc., persons who are involved in social movements, political activities, or special intelligence violent groups, or other similar persons (hereinafter referred to as “anti-social forces”). (hereinafter referred to as “anti-social forces”), persons who have a close personal or economic relationship with anti-social forces, such as by providing funds or benefits to them (hereinafter collectively with anti-social forces, “anti-social forces, etc.”). The Member shall represent and warrant that he/she does not fall under any of the following items and will not fall under any of the following items in the future: (i) the name of the Anti-Social Forces, etc.

• (i) Having a relationship in which Anti-Social Forces, etc. control or are substantially involved in the management of the company.
• (iii) An officer or person substantially involved in management has a socially reprehensible relationship with anti-social forces, etc.
• Having authority over or acting on behalf of Anti-Social Forces, etc. in operations that have a significant impact on the business.
• To have a relationship with antisocial forces, etc. to take undue advantage of them.
• Other persons equivalent to the preceding items.　
  The Company, Users, Guides, Sellers, Members and all other related parties shall not directly or indirectly commit any of the following acts.
• Violent or unreasonable demand acts (including acts stipulated in the items of Article 9 of the Act on the Prevention of Unjustifiable Acts by Organised Crime Groups)
• Fraudulent, violent or threatening acts
• Acts that obstruct business.
• Acts that damage honour, credit, etc.
• Use of anti-social forces or persons as specified in each item of the preceding article
• Acts equivalent to the preceding items

Termination

We may terminate these Terms or your access to the Services at any time, with or without prior notice, at our sole discretion and without liability to you. In the event of termination or cancellation of the Services, the following provisions relating to the User Code of Conduct, Disclaimer, Limitation of Liability and Dispute Resolution will survive. In the event of termination or cancellation of the Services or your account, we will promptly pay you such sums as we determine, at our discretion, we are legally obliged to pay you.

Disclaimer

The Service is provided ‘as is’ without warranty of any kind. Without limiting the foregoing, we expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, “ quiet enjoyment”, non-infringement and any warranties arising from a course of dealing or trade practice.

While we do our best to work with and vet guides and merchants to ensure that they offer high quality food experiences and e-commerce products. Kaeru tour makes no warranties as to the quality of the food experiences, restaurants or e-commerce products available on the Site.

Kaeru tour makes no warranties as to the identity, character or conduct of its members and accepts no responsibility for the compliance of the Guide, Vendor or User with applicable laws and regulations. You agree that in all communications and interactions with other Members (including, without limitation, Users, Guides and Sellers) with whom you communicate or interact as a result of your use of the Services, and in particular if you decide to meet offline or in person (whether or not Kaeru tour hosts such a meeting) Kaeru tour expressly disclaims any liability for the acts or omissions of the User, Guide, Seller or any other third party.

Indemnification

You agree to indemnify and hold Kaeru tour and its affiliates and subsidiaries (and their respective officers, directors, employees and agents) harmless from and against any and all claims, disputes, demands, demands, liabilities, damages, losses and expenses arising out of or in any way related to (i) your access to or use of the Site or Services (including, without limitation, booking or providing your dining experience), or (ii) your Defend, indemnify and hold harmless you from and against any and all claims, disputes, demands, liabilities, damages, losses, regulatory fines, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to your breach of these Terms and Conditions.

Limitation of Liability

You acknowledge and agree that You bear all risks arising from Your access to and use of the Services (including, without limitation, Your food and beverage experiences and restaurants or ordering of e-commerce products via the Services, and any contact, whether in person or online, between You and other users of the Services).

Kaeru tour and any other party involved in the creation, production or delivery of the service shall not be liable for (i) any incidental, special, punitive or consequential damages, including lost profits, loss of data, use or goodwill, service interruption, computer damage, system failure, or cost of substitute products or services, Incidental, special, punitive or consequential damages, (ii) damages for personal injury or bodily injury or emotional distress arising out of or in connection with these Terms; (iii) your use of or inability to use the Services; (iv) your communications, interactions or meetings with other users of the Services or any other person with whom you communicate or interact as a result of your use of the Services; or (vi) any warranty, contract or tort (including negligence) with respect to any dining experience booked through the Services, products liability, or any other legal theory, and whether or not Kaeru tour has been advised of the possibility of such damages, even if it is found that the limited remedies provided in the Service have failed of their essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Except for our obligation to refund amounts to the appropriate user where applicable, in no event shall any of your communications, interactions with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, arising out of or in connection with these Terms and Conditions and your use of the Services, Kaeru tour’s total liability arising out of or in connection with any such communication, interaction or meeting will not exceed the amount paid or accrued for the booking through the Services as a user during the 12 months preceding the event giving rise to the liability. Alternatively, the above limitation of damages is a fundamental element underlying the transaction between Kaeru tour and you.

Dispute Resolution

Governing Law

This Agreement and any conduct related thereto shall be governed by the laws of Japan, without regard to its conflict of law provisions.

Arbitration Agreement

The exclusive court of jurisdiction for any dispute, controversy or difference arising out of or relating to this Agreement shall be the Tokyo District Court in Japan.

General Terms and Conditions

These Terms and Conditions constitute the complete and exclusive understanding and agreement between kaerutour and the Customer with respect to the Site, the Services and the provision of any booking, ordering or guiding services made through the Services and any e-commerce orders, and these Terms and Conditions shall govern the Services and any supersedes and replaces any and all previous oral or written understandings or agreements between kaerutour and the Customer relating to the Services and the provision of any booking, ordering or guiding services made through the Services and any e-commerce products. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect.

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without the prior written consent of Kaeru tour. Any attempt by the Customer to assign or transfer these Terms without such consent shall be null and void and of no effect. Kaeru tour is free to assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall be binding on and inure to the benefit of the parties, their successors and permitted assigns.

Any notice or other communication provided to you by Kaeru tour under these Terms (including with respect to changes to these Terms) will be given by Kaeru tour (i) by email or (ii) by posting on the Site. In the case of notices by email, the date of receipt shall be deemed to be the date of transmission of the notice. These Terms and Conditions apply only to kaerutour and the Customer. These Terms are not intended to and do not create any third party beneficiary rights, except as expressly provided in these Terms.

Kaeru tour’s failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of future enforcement of that or any other right or provision. A waiver of a right or provision will only be effective if it is in writing and signed by an authorised representative of Kaeru tour. Except as expressly provided in these Terms and Conditions, the exercise of any remedy under these Terms and Conditions by either party will not affect any other remedy under these Terms and Conditions or any other provision.

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Last updated on 17 Feb 2025