yathar Terms of Service
Yathar Myanmar Co.,Ltd. ("the Company") has established the following terms of service ("the Terms") with respect to the yathar services provided by the Company ("yathar"). yathar users ("Users") must agree to these Terms prior to using yathar.
1. Purpose of yathar
The main purpose of yathar is, by publishing comments, images and other materials posted by Users in relation to restaurants (information posted by Users on yathar is collectively referred to hereinafter as "review Information"), to enable other readers of yathar to use and refer to them when choosing a restaurant.
Furthermore, by making use of artificial intelligence and big data analytics, Users will be recommended restaurants based on information such as favor and location. Such information will be beneficial to yathar in order to provide a better user experience with useful information.
2. Member Registration
Users may carry out procedures for registration as a member of yathar.
1. When registering for a membership, Users will proceed by online application provided by the Company
2. The Company will process the application once received, however the Company may reject any applications in such events where the User has violated the Terms in the past, the User is likely to violate the Terms, or any other reasons the Company may decide to be suitable
3. Users will provide accurate and truthful information
4. The Company may revoke registration of User without any prior notification when any of the following events occur:
a) Posting invalid and fraudulent information
b) Any fraudulent activity with password
c) Fabrication of membership information
d) Violation to the Terms
e) Any other reasons the Company may decide to be suitable
5. The registration information provided will belong to the Company.
6. Users will be responsible for the use, management, and publicity of their own information, along with any activity related and results to these activity to their own information.
7. The Company may provide different services to Users whom are registered, and to Users whom are not registered to yathar. The content of the services to be provided may be determined or changed at any time at the option of the Company.
8. Users under the age of 15 must receive approval from guardian or parent before using the service.
3. Registration and Management of Login Accounts
Users are personally responsible for registration and management of their login accounts and passwords ("Login Accounts, etc."). The Company assumes no liability whatsoever for any damage caused by problems such as inadequate management by Users, errors in usage, or use by third parties. In addition, utilization by Users of services pertaining to their Login Accounts, etc. (including services not operated by the Company; the same applies hereinafter) is under their own responsibility, and utilization of the relevant services is in accordance with the provisions of each of the various rules stipulated by the operators of the relevant services. The Company will not be liable for any damage caused by utilization of services pertaining to Login Accounts, etc. or problems arising between a User and the operator of the relevant services.
1. Purposes of Utilization
In providing yathar to Users, the Company acquires certain necessary personal information of Users. The purposes of utilization of such information are as follows:
a) For identity verification when logging in;
b) For providing information by mail, telephone, email and other means about the products and services of the Company or its group companies;
c) After it is converted to a form that does not enable identification of individuals, for preparation of statistical data and the like to promote utilization of the Company’s services; and
d) For communication with Users as necessary in relation to yathar.
2. Provision to Third Parties
The Company does not disclose or provide Users’ personal information to third parties, except in cases falling under any of the following items:
a) When Users give their consent;
b) When the information is disclosed or provided as statistical data in a state that does not enable identification of Users;
c) When the disclosure or provision is based on laws and regulations;
d) When disclosure or provision is necessary for the protection of a person’s life, body or property, and it is difficult to obtain the consent of the User;
e) When disclosure or provision is specially necessary for improving public health or promoting the sound growth of children, and it is difficult to obtain the consent of the User; and
f) When disclosure or provision is necessary for cooperating with a state organ, a local government, or an individual or a business operator entrusted by either of the former two in executing the affairs prescribed by laws and regulations, and obtaining the consent of the User is likely to impede the execution of the affairs concerned.
To the extent necessary for the abovementioned purposes of utilization, the Company may outsource the whole or part of the handling of personal information obtained by it, after taking the necessary measures for protection of the information.
4. Disclosure, Correction, Deletion, Discontinuation of Utilization, etc.
If a request is made by a User for notification of the purposes of utilization, or for disclosure, correction, addition to, deletion, discontinuation of utilization, or erasing of the User’s personal information, it will be handled by the Company.
5. Other Matters
Please note that if a User does not enter all the items, that User may not be able to utilize the whole or part of yathar.
5. User of yathar
1. Prohibition of yathar Redirecting or Resale
a) Users must not use or access the whole or part of yathar provided by the Company for the purpose of sales activities or other activities aimed at profit-making, or similar activities or acts in preparation for such activities. Further, they must not use or access yathar for the purpose of religious activities, political activities or other such activities
b) Except in cases specifically allowed by these Terms including the use of review Information by the person who posted the review Information in question, if a User profits from using review Information posted on yathar, the Company has the right to demand an amount of money equivalent to that profit.
2. Alteration or Discontinuation of yathar
The Company may change the yathar provided to Users in accordance with the circumstances or convenience of the Company. In addition, yathar may be discontinued on the occurrence of a disaster, accident or other emergency. Even if damage is incurred by a User or third party due to the alteration or discontinuation of yathar without the prior consent of Users, no compensation will be paid by the Company.
3. Equipment Needed to Use yathar
To use yathar, Users need to have access to the Internet. With respect to Internet access, Users need to appropriately install and operate the required equipment and software at their own expense and under their own responsibility. The Company has no involvement whatsoever in the installation, methods or other matters relating to Users’ access to the Internet.
4. Posting of review Information and Copyright, etc.
a) Registration as a yathar Member is necessary for posting of review Information on yathar.
b) When posting review Information to yathar, yathar Members must comply with the Company’s separately specified guidelines. Those guidelines form part of these Terms, and these Terms include those guidelines.
c) When yathar Members post review Information on yathar, they authorize the use by the Company free of charge of rights under the Copyright Act including reproduction, public transmission, distribution, translation and adaptation of the review Information within and outside Japan (including rights of sub-licensing by the Company to third parties) until the date of expiration of the relevant copyright period.
d) yathar Members warrant that they have full rights under the Copyright Act to the review Information posted by themselves, including rights of reproduction, public transmission, distribution, translation and adaptation. Consequently, when posting review Information, they must take great care with respect to the existence of the rights under the Copyright Act. In addition, in the event that works of third parties are used for posting review Information, as the handling of rights required for authorization under the preceding item (iii) is premised on the yathar Members’ own responsibility and expense, great care must be taken if using works of third parties when posting review Information.
e) The Company and third parties sub-licensed by the Company may use review Information of yathar Members for provision of content on the Company’s website and affiliated websites. When doing so, they may summarize or extract part of a yathar Member’s review Information, or change the size of or clip photographs (pictures) that have been posted. In addition, when using review Information posted by a yathar Member, the online name of the yathar Member who posted the review Information may be displayed. Extreme care is taken when using yathar Members’ review Information. However, please contact the Company if by some chance such alterations violate the credit or reputation of a yathar Member.
f) If the Company or third parties sub-licensed by the Company use review Information of a yathar Member, such use will not be subject to regional restrictions, copyright notice obligations, or other associated conditions, and the period of use authorized by the yathar Member will be limited to the period of the yathar Member’s copyright. No royalties or other consideration will be incurred.
g) No compensation whatsoever will be paid by the Company with respect to any damage incurred by yathar Members or third parties due to use by the Company or third parties of review Information of yathar Members
6. Linking with Outside Services in Posting of review Information
a) When posting review Information on yathar, if a yathar Member uses functions for linking with outside services such as Twitter or Facebook ("Outside Services"), the yathar Member, through such linking, authorizes the Company in advance to act for the yathar Member in the posting on the Outside Services of the review Information created by yathar Member. In addition, when the Company acts for a yathar Member in posting on the Outside Services, the yathar Member authorizes the Company in advance to add the webpage URL relating to the review Information and to post the review Information. When using linking functions and logging in yathar Members may be required to give their permission in relation to access to data by the Company, and after confirmation of such details, will be able to use the linking functions, only if their permission is given.
b) With regard to use of Outside Services, including registration and use of Outside Service User IDs (including posting to Outside Services of review Information created by yathar Members), yathar Members must comply with the provisions of the rules prescribed by the operators of the Outside Services.
c) If Outside Services are used, yathar Members use such Services at their own risk, and the Company accepts no liability with respect to damage caused by use of such Services, problems arising between operators and users of such Services, or any other matters relating to such Services.
7. Copyright, Property Rights and Other Rights
1. All copyright, trademark rights, other intellectual property rights and other property rights relating to content and individual information, trademarks, images, advertisements, and designs included on yathar belong to the Company or the lawful holder of the rights.
2. yathar and all related software used in yathar include property rights protected by laws and regulations relating to intellectual property rights.
3. Users must not copy, edit, change, publish, reproduce, publicly transmit, distribute, sell, supply, translate or adapt or use yathar or yathar contents in any other way, except in cases where Users are authorized to do so by the Company or by a third party copyright holder or holder of other intellectual property rights or other property rights, and cases where application or use without authorization by the holder of the rights is permitted by laws and regulations.
4. The Company accepts no liability whatsoever for damage incurred due to contravention by a User of any of the preceding items. If a User profits from such conduct, the Company has the right to demand an amount equivalent to that profit.
Users use yathar at their own risk. Further, Users must consent in advance to the matters in the following items.
1. Restaurant Information and Ordered Products Information
The Company provides no warranties in relation to published information concerning restaurants or ordered products. When making reservations, or placing orders, prior to going to the restaurants, we recommend that you confirm directly with the stores, by telephone or other methods, the address, opening hours, regular closing days and other information. In addition, the Company will not provide any compensation or have any involvement whatsoever with respect to any damage caused to Users, or problems between Users, due to published information concerning restaurants or ordered products..
2. Content of review Information
The Company provides no warranties in relation to the content of published review Information. Users must exercise their own judgment. In addition, the Company will not provide any compensation or have any involvement whatsoever with respect to any damage incurred by Users due to posted review Information (including damage from computer virus infection through various kinds of content created by Users), or problems between Users.
3. Linked Websites
The Company provides no warranties in relation to websites operated by third parties that are linked to yathar. Users should exercise their own judgment. In addition, the Company will not provide any compensation or have any involvement whatsoever in damage caused by linked websites or problems between Users.
4. Deletion of review Information
yathar is a community comprised of review Information posted by Users based on their own responsibility. However, so that all Users can comfortably use yathar, if review Information falling under or similar to any of the following items is found, such review Information may be deleted from yathar without prior notice.
Whether or not review Information is subject to deletion will be decided at the sole discretion of the Company.
In addition, in relation to review Information published on linked Outside Services, as it appears on services and websites operated by third parties, the Company cannot take measures for deletion or other such measures.
a) review Information that is contrary to the guidelines;
b) review Information that is contrary to public order and morality;
c) review Information that has no relationship to the purposes of yathar or restaurants or ordered products that are the subject of review Information (excluding diaries);
d) review Information that includes harmful programs, script or the like;
e) review Information concerning content proposing personal buying and selling or transfer transactions, or advertising, aimed at profit-making;
f) Other review Information that hinders yathar management or is judged by the Company to be inappropriate.
5. Map Information
9. Prohibited Conduct
1. The following conduct is prohibited when Users utilize yathar:
a) Without the prior consent of the Company, copying or reproducing by other methods, duplicating, forwarding, transferring, distributing, circulating, reselling or storing to use for any of those purposes information provided by yathar, except where it is specifically authorized by laws and regulations, these Terms or the guidelines;
b) Violation of these Terms or the guidelines;
c) Violation of public order and morality;
d) Conduct that leads to or promotes illegal conduct, criminal conduct, or conduct that poses significant danger;
e) Infringement of the Company’s, other Users’ or third parties’ intellectual property rights (including but not limited to copyright, design rights, utility model rights, trademark rights, patent rights, and know-how);
f) Illegal infringement of other Users’ or third parties’ rights or interests, or conduct likely to infringe such rights or interests;
g) Hindering the operation of yathar or damaging the reputation of the Company;
h) Submitting false statements when registering as a yathar Member;
i) Registering the same person multiple times as a yathar Member;
j) Unauthorized use of IDs or passwords, or allowing other Users or third parties to use them;
k) Use of yathar functions for the purpose of encounters with strangers of the opposite sex; and other conduct judged by the Company to be inappropriate.
2. If there is conduct by a User falling under any of the preceding items or conduct judged by the Company to be inappropriate in the light of the intent and purposes of yathar, the Company may discontinue the utilization of yathar by the relevant User or may take other measures judged by the Company to be appropriate ("Discontinuation of Utilization Measures"). Discontinuation of Utilization Measures may be implemented based on the discretion and judgment of the Company, regardless of whether or not the User is responsible for the conduct. The Company will not respond in any way to a User’s inquiries about the reasons for implementing Discontinuation of Utilization Measures, regardless of the circumstances. Further, the Company assumes no liability whatsoever with respect to any damage incurred by a User caused by Discontinuation of Utilization Measures.
10. Withdrawal Procedure
1. If a yathar Member wishes to withdraw from membership, they must undertake the Company’s designated withdrawal procedures.
2. If a yathar Member undertakes withdrawal procedures, they will lose all rights and privileges in relation to the use of their yathar Member account granted by the Company.
3. yathar Members agree in advance that, even if they undertake withdrawal procedures, review Information posted by them will not be deleted.
4. If a yathar Member has completed withdrawal procedures, or the agreement between the Company and the yathar Member pursuant these Terms has ended, section 3.Registration and Management of Login Accounts, section 4. Privacy, paragraphs (1), (2), (4) and (5)(c) of section 5. Use of yathar; section 7. Exemptions; section 6. Copyright, Property Rights and Other Rights; section 8. Prohibited Conduct; and section 11. Governing Laws and Jurisdiction will remain in effect
11. Governing Laws
This Agreement shall be governed by and construed with the laws of Myanmar.
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