Terms of Use

April 1, 2025

 

Welcome to install, use and/or register as a member of Kamakura Warabimochi mobile Application ("this Application”). Please read the following Terms of Use of this Application ("Terms of Use") carefully. Your login and/or installation of this Application means that you have accepted and agreed these Terms of Use. If you are unwilling to be bound by these Terms of Use, please do not use this Application.

When you use this Application to register, after you have completed the form and "submit", "accept", "confirm" etc, it indicates that you have fully read and understood these Terms and Conditions of Kamakura Warabimochi Membership Program and agreed to be bound by them.

Kamakura Warabimochi reserves the right to change or modify the contents of this Application at any time and reserve all rights to unilaterally change these Terms of Use without any notification. You should regularly visit or access this Application to find out whether these Terms of Use that are binding on you have been revised, as your continued use or access of this Application indicates your acceptance of any change to these Terms of Use. "You", "your", and "users" refer to any person and/ or entity that accesses this Application for any reason.

 

1. Description of services

1.1 Application

This Application provides information about Kamakura Warabimochi, news, Kamakura Warabimochi Card, menu, coupons, drinks vouchers, food vouchers, meal/ snack set vouchers, gift vouchers, outlets location and contact us method. This Application shall means the software provided by Kamakura Warabimochi to offer services related to Kamakura Warabimochi to be used on Apple iOS and Android devices and any upgrades from time to time and any other software or documentation which enables the use of this Application.

 

1.1.1. Availability

This Application is available to handheld mobile devices running Apple iOS or Android Operating Systems. Kamakura Warabimochi will use reasonable efforts to make this Application available at all times. However you acknowledge that this Application is provided over mobile networks and so the quality and availability of this Application may be affected by factors outside Kamakura Warabimochi’s reasonable control. Kamakura Warabimochi, its affiliates or sub-contractors do not beyond any responsibility whatsoever for unavailability of this Application, or any difficulty or inability to download or access content or any other communication system failure which may result in this Application being unavailable.

 

1.1.2. System Requirements

In order to use this Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ("Software Requirements”). The Software Requirements are : Only applicable to mobile devices using iOS 13.0 or above and Android 8.0 or above. The version of this Application software may be upgraded from time to time to add support for new functions and services.

 

2. Conditions of Use

All the information contained within this Application is for reference, interaction and purchase only. It is for individual use purposes only. For this Application, you will not, nor allow third parties on your behalf to:

(a) make and distribute copies;

(b) in any way, disseminate, announce, spread, revise, display or sell any of the contents of or the products described;

(c) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate; or

(d) create derivative works of any kind whatsoever.

You agree to indemnify Kamakura Warabimochi against any of your unauthorized use of any material from this Application, defend Kamakura Warabimochi and prevent Kamakura Warabimochi from any harm. Kamakura Warabimochi has the right to apply for a restraining order in addition to any other remedies under common law or equity on your unauthorized use of the contents of this Application.

 

2.1.

Kamakura Warabimochi reserves the right to amend or withdraw this Application, or charge for this Application or service provided to you in accordance with these Terms of Use, at any time and for any reason. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider”) will continue to apply when using this Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing this Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

 

3. Personal Information Collection Statement

When you use and/or register of this Application, you may have to provide to Kamakura Warabimochi your information (including but not limited to your name, gender, birthday information, age, phone number, email address and contact information) ("Data"). You agree to provide to Kamakura Warabimochi such information voluntarily.

You accept and agree that for the purpose of providing you certain services (e.g. promotional offers news, delivery of e-coupons), Kamakura Warabimochi may use or combine your personal information with other information (including but not limited to the location data and the International Mobile Equipment Identity number) accessed in your mobile device. You hereby give your consent to Kamakura Warabimochi to access such information in your mobile device.

If the information you provided is incomplete or incorrect, Kamakura Warabimochi will be unable to provide or continue to provide related services, or may not allow you to enter or may discontinue your use of this Application. You assure that the information you provide Kamakura Warabimochi is correct, truthful, valid and complete. Otherwise, Kamakura Warabimochi has the right, without notice, to cancel your registrations and qualifications and/ or refuse to allow you to use this Application or its services at the present time or in the future. For details of Personal Information Collection Statement, please refer to Kamakura Warabimochi Privacy Policy Statement. 

4. Membership Management and Responsibilities

When registering, you may need to select the username and password. You must keep your username and password confidential and should responsible for using such username and password for any activity. Kamakura Warabimochi will not be responsible, whether or not you are aware of it, for any loss caused by activities carried out by stolen username and password, and in this case, you agree to remain responsible for any activity carried out by using such username and password or any loss caused to Kamakura Warabimochi.

If you breach any of these Terms of Use, or Kamakura Warabimochi suspects that you breach any of these Terms of Use, or Kamakura Warabimochi believes that your actions have violated applicable laws or damaged the interests of Kamakura Warabimochi, its affiliates of other users, Kamakura Warabimochi reserves the absolute right to without notice to you revoke your registration and qualifications, or terminate your access to this Application or use its service, and take legal action against you.

 

5. Member Zone

Member’s Zone and its services provided in this Application are only for the use of the individual Kamakura Warabimochi’s member. Access rights may not be transferred. Members may be asked to provide personal identification for verification. Kamakura Warabimochi reserves the right to suspend this service or any parts of the service for repairs, maintenance, upgrades or any other work Kamakura Warabimochi deems appropriate without prior notice.

Unique user name (i.e. email address)/ member card no. may be used by a member to log into the Application, where you can also reset your password in the "Forget Password" section. 

This Application allows you to collect and redeem Kamakura Warabimochi Points. Such use will be governed by the Terms and Conditions of Kamakura Warabimochi Membership Program. For details, please refer to Kamakura Warabimochi Membership Program Terms & Conditions. 

 

6. Promotional Activities

Kamakura Warabimochi will periodically carry out promotional activities on this Application. If the promotional activity involves earning or accumulating points or other rewards, Kamakura Warabimochi will be the final arbitrator of the total Kamakura Warabimochi Points awarded according to its records and you shall not dispute such decision.

 

7. Underage Persons

If you are under 18 or considered as underage by law or do not have the ability to make a contract or are unable to bear any legal responsibility, and when using this Application gives rise to legal obligations or responsibilities, you should not provide any personal information described in these Terms of Use and will not be allowed to use this Application. If you want to enter and browse this Application, you must seek for approval from your parent or guardian regarding the legal implications of these Terms of Use and the consequences that entail. Kamakura Warabimochi assumes that all users of this Application are of legal age. Kamakura Warabimochi is not obliged to check your age but if it is found that any user is underage, Kamakura Warabimochi reserves the right to take action against such user or his/her parents/guardian including cancelling your registration or refusing your access to this Application.

8. Use of Materials

The contents of this this Application, including diagrams, images, music, symbols, links, trade mark, software and other materials and all the materials of this Application ("Materials") are protected by copyright law, trade mark law and other applicable laws. All Materials are the exclusive property of Kamakura Warabimochi or provider of Kamakura Warabimochi or its clients. Unauthorized use of any Materials is an infringing act under the copyright law, the trade mark law or other applicable laws. Without any prior written permission from Kamakura Warabimochi, you shall not, for any public or commercial purpose, sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue the Materials in any way, store the Materials in the retrieval system or use it in any other way.

 

9. Legal Use of Application

You can only use this Application for legal purposes and cannot use this Application to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details, or damage any part of this Application, the Materials and/or products provided in this Application. You have the responsibility to judge whether any of your actions will infringe the rights as described above.

You shall not, in any way, change any Materials or product provided in this Application and shall not interfere with the operation of this Application in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Application. You shall also not use any way to collect the details of other users of this Application. Without express permission from Kamakura Warabimochi, this Application or any part thereof shall not be reproduced, copied, printed, sold, transferred or used for any commercial purposes.

 

10. Limitation of liability

There may be incorrect material or typesetting errors in this Application. Kamakura Warabimochi does not give any implied or non-expressed guarantee and does not guarantee the correctness, reliability, completeness or timeliness of any material of this Application.

Kamakura Warabimochi does not accept any liability for the uploaded contents of linked to this Application or linked to this Application, including but not limited to any errors, omissions, infringements, libel or any other material or omission that is likely to be illegal or gives rise to a claim or complaint. You will be responsible for any consequences resulting from use of this Application or its links. These links are likely to change at any time or change periodically, so please check related materials regularly.

Kamakura Warabimochi does not guarantee the following : this Application will be totally free of errors now and in the future, this Application and its server will always be free of computer viruses or other harmful function or that this Application is timely, safe and will not be discontinued. If your use of this Application material results in the need to repair or renew equipment or data, Kamakura Warabimochi accepts no liability for any resulting expenses.

Arising from use or inability to use the materials of the Application, or implementation failure, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of on-line communication, soft or hard ware problem (including but not only loss of data or compatibility problems), theft；Whether or not a result of the use of this Application or uploading or downloading of this Application’s data, text, images or other materials or data, or for any damage or injury, regardless of direct or indirect breach of contract, infringement, negligence or any factor (including but not limited to, accidental damage, indirect damage, loss of profit, or damage resulting from the loss of data or business termination), and regardless of whether Kamakura Warabimochi's has been notified of the likelihood of such damage, Kamakura Warabimochi and any third party mentioned on this Application shall not, within the legally allowed scope, bear any liability.

 

11. Compensation

In the event of any compensation claim, program, damage compensation, injury, debt, loss, costs and expenditure (including reasonable legal costs and expenditure) arising from the user's infringement of these Terms of Use or illegal behavior, the user agrees to compensate Kamakura Warabimochi, its affiliates, senior employees, agents and sub-contractors, defend them and prevent them from loss.

12. Interpretation of Agreement

Clause headings and examples are provided for reference purposes only to assist in understanding these Terms of Use. They are not intended to define, or limit the scope or extent of any clause.

 

13. No Waiver

Kamakura Warabimochi’s do not or delay in exercising any right or power under this Agreement shall not in any circumstances impair any right or power nor operate as a waiver of it.

 

14. Assignment

Kamakura Warabimochi may assign its rights and obligations under this Agreement. But you may not assign your rights and obligations under this Agreement.

 

15. Severally

If any single provision or number of provisions in these Terms of Use, or any one or number of provision of these provisions and conditions when cited, in any situation, is in any respect, for any reason, judged to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the provision or condition in any other respect, and the effectiveness, legality or enforceability of the remaining provisions of these provisions and conditions, will not be affected in any respect.

 

16. Applicable Law

All terms and conditions shall be governed by the laws of the Hong Kong SAR and you agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between Kamakura Warabimochi and you.

 

17. Contact

If you wish to contact Kamakura Warabimochi for matters regarding this Application or these Terms of Use, please send your written request to our Administrative Officer via email at : Info@kamakurahk.com

 

18. Version Discrepancy

In case of discrepancies between the English and Chinese version, the English version shall apply and prevail.

 

©Kamakura Warabimochi