Company Information and Definitions

Fakey Cakey Limited is a company registered in England and Wales on 20 June 2020. Company registration number: 12686979. Registered office: 2 Newport Place, London WC2H 7JP.

Tokyo Diner Limited is a company registered in England and Wales on 26 January 1990. Company registration number: 02464213. Registered office: 2 Newport Place, London WC2H 7JP. VAT number: GB 577 3920 06.

Tokyo Diner Limited is operating under a licence granted by Fakey Cakey Limited on 20 June 2020.

Throughout the site, the terms “Tokyo Diner”, “we”, “us” and “our” refer to Tokyo Diner Ltd. The term ‘agents’ refers to Tokyo Diner’s web agency and web payment processors, or to any other individual or organisation providing goods or services on our behalf.

Terms of Service

Overview

Tokyo Diner and its agents provide the services of this website, including all information, tools and services available from this site to you, the user, subject to all terms, conditions, policies and notices stated here.

Your access and use of this website is pre-conditioned on your acceptance of the following notices, disclaimers, consents, terms and conditions.

By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including any additional terms, conditions and policies that we referred to or that are available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Acceptance of any offer is expressly subject and limited to these Terms of Service.

From time to time we add new features or tools; these shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this page. We do not know who all our users are; it is therefore your responsibility to check this page for changes before using any new features or tools and/or purchasing from us. You can review the most current version of the Terms of Service at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our online shop is hosted on WooCommerce, a subsidiary of Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, U.S.A. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

General Conditions

By agreeing to these Terms of Service, you represent that:

A breach or violation of any of the Terms of Service will result in an immediate termination of your Services. We also reserve the right to refuse service to anyone for any reason at any time.

Credit/debit card and any other payment information is always encrypted during transfer over networks. You understand that your other content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Prohibited Uses

In addition to, but without limitation to the generality of, other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international regulations, rules, laws, or ordinances, etc.;
4. to violate any United Kingdom regulations, rules, laws, or ordinances, etc.;
5. to violate any regulations, rules, laws, or ordinances, etc. in your jurisdiction;
6. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
7. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
8. to submit false or misleading information;
9. to upload or transmit any worms or viruses or any other type of malicious or destructive code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
10. to collect or track the personal information of others;
11. to spam, phish, pharm, pretext, spider, crawl, or scrape;
12. for any obscene or immoral purpose;
13. to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet;
14. for any commercial purpose by reproducing, duplicating, copying, or selling that is not expressly permitted by Tokyo Diner.

Products or Services

Certain products or services may be available exclusively online through the website.

We reserve the right, but are not obliged, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer or to discontinue any products or services at any time.

In the event that we make a change to or cancel an order, we may attempt, but are not obliged, to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

All descriptions or pricing of products or services are subject to change at any time without notice.

Any offer for any product or service made on this site is void where prohibited.

Within the extent of United Kingdom law, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

Modifications to the Service & Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Within the extent of United Kingdom law, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Online Gift Cards, Discounts & Offers, Contests & Competitions

Conditions relating to Online Gift Cards:

1. Online Gift Cards are valid for use on Tokyo Diner’s website as full or part-payment for the online purchase of goods. They may not be used to purchase other Online Gift Cards or to make any other purchases (e.g. in any of Tokyo Diner’s physical shops or to book spaces on our events, etc). You may, of course, give the Online Gift Card to other individuals to use.
2. Online Gift Cards can be used as part-payment of the full transaction value. Online Gift Cards can’t be used in conjunction with any other discount code. Only one Online Gift Card can be used per transaction.
3. If the value of an Online Gift Card is less than the total transaction value, the user will be required to pay the difference by making a payment at the website’s online checkout.
4. Please ensure that the card is protected and treated as if it were cash because we will not replace it if lost or stolen. (However, since it is an online product, you will usually have an electronic copy of it in your records.)
5. Online Gift Cards will be valid for 12 months from the date of purchase. Any unused balance outside this 12 month period will be cancelled and no refund will be given.
6. Without limitation to the generality of these Terms of Service, Tokyo Diner reserves the right to amend the conditions relating to Online Gift Cards from time to time where it reasonably considers it necessary to do so. Reasonable notice of such changes will be given where possible.

Conditions relating to Discounts & Offers:

1. Any discount or offer is subject to availability.
2. Any discount or offer may be redeemed once per order of anything in our online shop.
3. Any discount or offer code must be entered at checkout upon placement of order before final payment.
4. Discounts and offers cannot be used in conjunction with any other promotion or offer and may only be redeemed once per order.
5. Any discount or offer is non-transferable and has no cash alternative.
6. We may terminate or suspend any discount or offer at any time without notice.
7. Tokyo Diner’s decision in the exercise or interpretation of any of its rights or discretions in connection with these terms shall be final and binding.
8. By redeeming the discount or offer, you are agreeing to these conditions.

Conditions relating to any contests or competitions, etc.:

1. Entrants must be legal residents of the United Kingdom and at least 18 years of age on the date of their entry.
2. Only customers who follow all instructions for any contest or competition will be entered.
3. Prizes are subject to availability.
4. Prizes cannot be used in conjunction with any other offers.
5. Prizes are non-transferable and have no cash alternative.
6. Unless otherwise specified, you are only permitted to make one entry in any contest or competition.
7. We reserve the right to withdraw any contest or competition at any time for any reason.
8. We are not affiliated with any social media channel (e.g. Facebook, Instagram) used to promote contests or competitions and in no way endorse such channels or claim to be endorsed by them.
9. By entering any contest or competition, you agree to these conditions.

Trademarks

Fakey Cakey and other associated marks, logos and service names are trademarks of Fakey Cakey Ltd. Tokyo Diner and other associated marks, logos and service names are trademarks of Tokyo Diner.

These trademarks must not in any way be used in connection with any product or service that is not relating to us, unless a prior written licence is obtained from us.

All other trademarks not owned by Tokyo Diner or its affiliates that appear on this website are the property of their respective owners, who may or may not be connected to, or sponsored by, Tokyo Diner or its affiliates.

Copyright

All content included on this website, such as text, graphics, logos, buttons, icons, images, audio clips, and software, is the property of Fakey Cakey Ltd., Tokyo Diner, or content suppliers.

The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Tokyo Diner. All software used on this website is the property of Tokyo Diner or its software suppliers. All the content, compilation and software are protected by United Kingdom and international copyright laws.

Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this website, is only permissible provided prior written consent of Tokyo Diner is obtained through a written request made to Tokyo Diner.

Accuracy, Completeness & Timeliness of Information

Within the extent of United Kingdom law, we are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but within the extent of United Kingdom law, we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Accuracy of Billing & Account Information

You agree to provide current, complete and accurate information for all purchases made.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Errors, Inaccuracies & Omissions

There may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Within the extent of United Kingdom law, we undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

Within the extent of United Kingdom law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Links from our Site

This website may contain links to websites unrelated to Tokyo Diner or its affiliates. These are provided for your reference and convenience only.

Tokyo Diner should not be taken as endorsing the operator or the content of such third party website. You may use such links only at your own risk and you are solely responsible for all consequence of such use.

Links to our Site

You may have a link to this website from your website on the following terms:

• You acknowledge and agree that Tokyo Diner and its licensors own all the intellectual property in and relating to all content contained therein, and nothing in these Terms of Service shall be construed as a license of any of the intellectual property.

Uploads

Tokyo Diner may, but is not obliged to, allow users to upload comments and other content to this website.

If you post comments or other content on the site, you grant Tokyo Diner and its agents a royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such comments or other content throughout the world in any media.

You also grant Tokyo Diner the right to use the name, if any, that you submit with any comment or other content in connection with such comment or other content.

You warrant that any comment or other content you upload is not illegal or harmful.

You warrant that you own or otherwise control all of the rights to the comments and other content that you post on this website and that use of your comments or other content by Tokyo Diner and its affiliates will not infringe upon or violate the rights of any third party.

Privacy

Please see our Privacy Policy.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

Within the extent of United Kingdom law, the service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Within the extent of United Kingdom law, neither Tokyo Diner Ltd., nor its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

This website is provided by Tokyo Diner on an as-is basis. We do not make any representation or warranty of any kind, express or implied, as to the operation of the website or the accuracy or completeness of the information, content, materials, services or products included on this website. Within the extent of United Kingdom law, Tokyo Diner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any loss or damages of any kind, whether negligent or not, arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Indemnification

You agree to indemnify, defend and hold harmless Tokyo Diner Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal and/or professional fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

All rights not expressly granted herein are hereby reserved. These Terms of Service supersede any prior or contemporaneous communications between this website or affiliates and you regarding this website and its content.

Termination

These Terms of Service are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Governing Law

This website is designed by Tokyo Diner in London (England) in conjunction with its web partners. The laws of England will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

The English version of the Terms of Service shall prevail over any other language version, which may be provided for information purposes only.

Contact Information

Any comments, queries or suggestions about the Terms of Service should be sent to us at enquiries@tokyodiner.com.