Terms and Conditions

These Terms and Conditions (the or these “Terms”) govern the access and use by you (“You” or “Your”) of the Service (as defined below) provided by Sky Bloom Inc., a private company established under the laws of Japan, having its principal office at 9th Floor, Tokyo Club Building, 3-2-6 Kasumigaseki, Chiyoda-ku, Tokyo (“SB”).

Definitions
“Affiliate(s)” means any restaurant, store, service provider, or other partner engaged by SB to provide food, flowers, alcoholic beverages, concierge services, or any other related items or services (“Items or Services”) to You.

“Anti-Social Force” means (i) an organized crime group, an organized crime group member, a company affiliated with an organized crime group or any person analogous to the foregoing, or (ii) a person that, either personally or through a third party, commits any of the following:
1. makes a violent demand;
2. makes an unjust demand outside the scope of legal liability;
3. uses threatening language and behavior or violence;
4. damages the other party’s reputation or obstructs the other party’s business by spreading false rumors or using fraudulent means; or
5. other acts equivalent to any of the foregoing.
“Cancellation” means any cancellation or modification to Your Order made by You.

“Full Price” means the Price (as defined blew) of an Order (as defined below) plus the applicable fees set forth in Article 6 (a), which may be in JP Yen or US dollars

“Platform” is a technology platform that connects You to Affiliates to order food, alcoholic drinks or flowers.

“Service” refers to SB providing a platform to connect You with both Affiliates and companies responsible for delivering any Items or Services to You (or any handling company designated by You) (such companies, “Delivery Partner(s)”).
Membership Registration
1. To be eligible to access and use the Service, You must complete the membership application by following the steps as described in these Terms. After SB approves Your membership application, You shall complete Your registration as a member with the Platform and SB.
2. SB may decline Your membership application if You (i) have previously breached these Terms, (ii) have had Your membership cancelled by SB before, or (iii) are otherwise considered ineligible to be a member by SB.
3. To register as a member with the Platform or SB, SB will require You to submit certain information, including, but not limited to, Your name, address, and email (“Registered Information”). By submitting Your Registered Information, You represent that all such information is true and correct.
4. Your membership application is complete after SB notifies You of approval.
5. You shall notify SB of any unauthorized account use by a third party that comes to Your attention.
6. You may withdraw from the membership in steps as described separately by SB, and any outstanding obligations You owe to SB shall survive such withdrawal.
7. SB may terminate Your membership if You (i) violate any provision of these Terms or other agreements (if any) between You and SB, (ii) commit an illegal act under relevant laws and regulations, or (iii) are otherwise considered ineligible to be a member by SB
8. You consent to SB’s handling and management of Your Registered Information or other information collected from You in the course of provision of the Service (collectively, “Information”)
9. SB shall use the Information solely for the following purposes:
  1. evaluating Your eligibility to register as a member with SB,
  2. contacting You regarding Your request for quotation and other inquiries You may have regarding accessing and using the Service,
  3. processing payments, issuing invoices and handling related administrative operations,
  4. analyzing usage patterns, conduct surveys and improve or develop new services and features,
  5. sending information regarding new services and campaigns,
  6. any other purposes disclosed at the time of collection or otherwise communicated to individuals.
10. SB shall take necessary and appropriate security measures to protect the Information against unauthorized loss, destruction, alteration and divulgence. SB is committed to maintaining the Information it retains as accurate and up-to-date possible.
11. SB shall not disclose any of Your Registered Information to any third party without Your prior consent except when SB considers, at its own discretion, that disclosure of such information is (i) required by applicable laws and regulations (including local ordinance), (ii) necessary to protect Your life, property or wellbeing while obtaining Your consent is difficult, (iii) necessary to improve public wellbeing or promote healthy child development while obtaining Your consent is difficult, or (iv) necessary to cooperate with the a national government agency, local government or person entrusted thereby with performing the functions prescribed by laws and regulations while obtaining Your consent is likely to interfere with the performance of such functions.
12. The information about the Business Handling Personal Information as defined in the Act on the Protection of Personal Information is provided below:
  
  Eriko Iida (Executive Director), Sky Bloom Inc.
  
  9th Floor, Tokyo Club Building, 3-2-6 Kasumigaseki, Chiyoda-ku, Tokyo
13. Please direct any questions, complaints and inquiries about the Information to:
  
  Sky Bloom Inc.
  
  9th Floor, Tokyo Club Building, 3-2-6 Kasumigaseki, Chiyoda-ku, Tokyo
  
  Tel: +81-3-4446-4036
  
  Email: privacy@skybloom-air.com
  
  Operating hours: 9:00 a.m.- 6:00 p.m. (excluding Saturdays, Sundays, Japanese national holidays, New Year holidays, and other holidays designated by SB)
  
  If You request disclosure, correction, discontinuance of use or deletion of the Information, You shall send a request via email. SB shall respond after confirming the identification of the requester. SB shall reply through the method designated by You, except for disclosure of Information, to which we will respond by post only. Please direct any questions to the contact as set forth preceding paragraph.
Account
1. You agree to maintain accurate, complete and up-to-date account information. Any failure to maintain such information, including having an invalid or expired payment method on file, may result in Your inability to access or use the Service.
2. You are responsible for all activity that occurs under Your account, and You agree to maintain the security and secrecy of Your account username and password at all times.
Use of the Service
1. Any Order You place through the Platform or SB shall constitute a binding agreement between You and an Affiliate and You acknowledge that an Affiliate is the entity who provide or deliver Items or Services to You.
2. The Service is made available solely for Your personal, non-commercial use, subject to any separate agreements between You and SB.
3. Notwithstanding Article 2, You may access and use the Service by telephone, mail and email.
Order Placement
1. After You submit a request to SB via the Platform or telephone, mail or email, SB will provide you with a quotation and a purchase order (“Documents”). Once You confirm and accept these Documents, they shall become Your order (“Order”). Any price set forth in such Documents shall be the price of Your Order (“Price”).
2. To use the Service, You must send the Documents with Your confirmation back to SB via the Platform, mail or email (“Confirmation”) at least forty-eight (48) hours prior to the delivery time.
3. SB may decline Your Order without Your prior consent if SB considers, at SB’s sole discretion, that procuring the Items or Services in Your Order becomes financially unviable due to a lack of stock or a seasonal reason.
4. SB may replace any Item in Your Order with any other Items or Services without Your prior consent when SB considers, at its own discretion, that processing Your original Order becomes financially unviable.
5. After You place Your Order, SB shall provide You information about the delivery company responsible for delivering Your Order. In the event of a late delivery or any inquiries related to the delivery of Your Order, You shall contact SB directly.
Payment
1. In addition to the Price of Your Order, SB shall charge You, as a fee for Your access and use of the Service, an amount equal to twenty (20) percent of the Price of such Order.
2. The fee for delivery to Narita Airport shall be JPY 60,000 (excluding tax). The fee for delivery to Haneda Airport shall be JPY 30,000 (excluding tax). Notwithstanding the foregoing, SB reserves the right, at its sole discretion, to change this fee.
3. Notwithstanding Article 5(b), in the event that You place an Order within forty-eight (48) hours before the delivery time and SB confirms that such order can be delivered, You shall pay an additional fee equal to twenty (20) precent of the Full Price of such Order.
4. For any Order to be delivered between 10 p.m. to 8 a.m. (Japan Standard Time), You shall pay an additional fee equal to JPY 20,000 (excluding tax).
5. For any Cancellation after Confirmation but forty-eight (48) hours or more before the delivery time, You shall pay fifty (50) percent of the Full Price of such Order. For any Cancellation less than forty-eight (48) hours before the delivery time, the cancellation fee shall be one hundred (100) percent of the Full Price of such Order.
6. In the event Your Order is paid by bank transfer, any related transaction fees or expenses shall be borne by You.
Disclaimer
1. SB shall not be liable for, to the fullest extent permitted by applicable law, any incidents or claims in connection with:
  1. the quality, condition or safety of any Items or Services after delivery;
  2. the materials and manufacturing process of any Items or Services delivered;
  3. any food allergy or dietary restrictions based on religious beliefs;
  4. the improper storage or handling of Items or Services after delivering such Items and Services to the Delivery Partner.
2. SB shall not be liable for any loss or damages You incur if the Service is fully or partially unavailable for any reason beyond SB’s reasonable control, including, but not limited to, acts of God, power outages, failures or emergency maintenance of telecommunications networks or internet services, failures by telecommunications carriers, or any failures, maintenance, or malfunctions of servers or software.
3. SB shall not be liable for any loss or damage incurred by You in connection with (i) any requirements imposed by the applicable airport or other relevant authorities concerning the location or the delivery time of Your Order, (ii) any errors or omissions in the Registered Information provided by You, or (iii) any mistake made by a delivery company
4. SB makes no representations or warranties of any kind, express or implied, including without limitation, any warranties of accuracy, completeness, or timeliness, with respect to any information provided on the Platform. SB further disclaims, to the fullest extent permitted by applicable law, all responsibility and liability for any description of Services, images, or other content appearing on any third-party website accessed through links on the Platform. In the event of any conflict or inconsistency between the actual condition of any Service and any description, image, or other information regarding such Services provided on the Platform or any linked third-party website, the actual condition of the Service shall control.
5. SB shall not be liable for any loss or damage incurred by You in connection with any (i) decline of order by SB due to lack of stock or seasonal reasons, or (ii) any undelivered Items or Services in the relevant Order due to lack of stock or other reasons. SB may, at its sole discretion, cancel or replace any Items or Services in Your Order and shall only deliver those that are available.
Intellectual Property
1. All content, materials and features made available through the Platform, including, without limitation, text, graphics, logos, icons, images, audio and video clips, user interfaces, software, trademarks, service marks, and any rights prescribed in Articles 27 and 28 of the Copyright Act of Japan (collectively, the “IP”) are solely owned by SB. Except for the limited license expressly granted in these Terms, no rights in or to the IP are transferred to You.
2. Subject to these Terms, SB grants You a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Platform solely for Your personal, non-commercial use. Any use of the Service or IP not expressly permitted herein is strictly prohibited.
3. You shall not, and shall not permit any third party to:
  1. copy, reproduce, distribute, publicly display, or create derivative works from the IP;
  2. modify, scrape, reverse engineer, decompile, or disassemble any portion of the Platform;
  3. remove, obscure, or alter any copyright, trademark, or other proprietary notices;
  4. use the IP or the Platform for any commercial purpose, or in any manner that competes with or harms SB or its Affiliates; or
  5. All rights not expressly granted to You in this Term are reserved by SB and its licensors, including all Affiliates.
4. If You pose, upload, submit or otherwise make available any reviews, comments, photos, preferences or other content in connection with the Service (“User Content”), You grant SB a worldwide, royalty-free, perpetual, irrevocable, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content in any media, for the purpose of operating, promoting and improving the Platform. You represent and warrant that You have all rights necessary to grant this license and that Your User Content does not infringe any third-party rights.
5. Any menu, descriptions, photographs and related materials provided by an Affiliate remain the property of such Affiliate or their licensors. SB does not grant You any license to such content beyond the limited right to access it for ordering purposes.
  If You submit any idea, suggestion or feedback regarding the Service or the Platform (“Feedback”), You agree that SB may use such Feedback for any purpose, without compensation or restriction. You hereby assign to SB all rights, title and interest in and to such Feedback.
Elimination of Anti-Social Forces
You declare that You are neither an Anti-Social Force nor involved in any transactions with Anti-Social Forces. You must not engage in any transactions with Anti-Social Forces containing criminal and extremist elements. If You unintentionally engage in a transaction with an Anti-Social Force, SB may immediately terminate these Terms for cause.
General Provisions
1. SB may, without Your prior consent, amend these Terms from time to time without any prior written notice in the following cases:
  1. If the modification of the Terms conforms to Your general interest.
  2. If the modification of the Terms is not contrary to the purpose of these Terms, and it is reasonable in light of the necessity of the modification, reasonableness of the modified content, and other circumstances pertaining to the modification.
2. You agree to indemnify and hold SB and its Affiliates harmless from any and all claims, demands, losses, liabilities and expenses arising out of or in connection with: (i) Your use of the Service or services or goods obtained through Your use of the Services; (ii) Your breach or violation of these Terms; (iii) SB’s use of Your User Content; or (iv) Your violation of the rights of any third party, including any Affiliates and/or Delivery Partners.
3. These Terms shall be exclusively governed by, and construed in accordance with, the laws of Japan, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversies arising out of or in connection with the validity, construction or enforceability of these Terms shall be filed in the District Court of Tokyo.
4. You may not assign or transfer this term, in whole or in part, without SB’s prior written consent.
5. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such term or part thereof shall be deemed not to form part of these Terms, but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In such event, the parties shall replace the illegal, invalid or unenforceable term or part thereof with a term or part thereof that is legal, valid and enforceable, and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable term or part thereof, given the contents and purpose of these Terms.
6. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or understandings regarding such subject matter.
7. These Terms may be executed in more than one language. In the event of any inconsistency or conflict between the Japanese version and any translation, the Japanese version shall prevail.
8. Nothing in this article limits Your rights as a consumer that cannot be excluded under applicable law.