Terms of Service
Introduction
Welcome to "Kabin - Explore, IRL" (hereinafter referred to as "Kabin"). By using our mobile application and related services, you agree to comply with the following Terms of Service. Kabin offers the services of ByFood (hereinafter referred to as "ByFood") through our mobile application, and the terms and conditions of ByFood shall also apply to any bookings made through Kabin. Kabin is an independent platform and is not owned, operated, or controlled by ByFood. The inclusion of ByFood's services in our platform does not constitute a partnership, agency, or joint venture. Please review these Terms of Service carefully before proceeding with any transactions.
Acceptance of Terms
By accessing or using the Kabin mobile application, you agree to be bound by these Terms of Service, as well as ByFood's terms and conditions, which govern all bookings and transactions. If you do not agree to these terms, you may not use our services.
Services Provided
Kabin facilitates the booking of food-related experiences, including but not limited to restaurant reservations, culinary experiences, and food tours, through the ByFood platform. Kabin does not directly provide these services but acts as an intermediary between users and ByFood.
ByFood is an online platform that allows users to enjoy food experiences organized by local Hosts, make easy Restaurant Reservations, and order E-commerce Products directly from Sellers, among other Services. By using Kabin, you acknowledge that ByFood’s responsibilities are limited to facilitating the availability of the Services. All payments for bookings made through Kabin are collected and processed directly by Kabin. ByFood does not handle payments from individual users, but its terms related to cancellations, refunds, and experience fulfillment still apply.
Bookings and Payments
All bookings made through Kabin are processed in accordance with ByFood’s terms and conditions. Users are responsible for ensuring that they meet all requirements and agree to the payment terms set forth by ByFood. Payments, cancellations, refunds, and any modifications to bookings will be subject to ByFood's policies.
By using Kabin, you agree to ByFood's payment structure, including full payments at the time of booking, applicable fees, and refund policies. You also agree to abide by ByFood's cancellation policies, including those applicable to Food Experiences, Restaurant Reservations, and E-commerce Orders.
User Responsibilities
By using Kabin's services, you agree to:
- Provide accurate and complete information when making a booking.
- Abide by the terms and conditions set by ByFood.
- Comply with local laws and regulations related to your selected experience.
- Refrain from any fraudulent or unauthorized use of the platform.
You also acknowledge that your contract for services is with ByFood’s Hosts, Sellers, and Restaurants, and not with Kabin itself. Any issues regarding service quality, cancellations, or disputes should be addressed directly with ByFood and its respective service providers.
Cancellation and Refund Policy
All cancellations and refund requests are subject to the cancellation policies specified by ByFood. Users should review the cancellation terms before confirming a booking. ByFood's policies include detailed cancellation terms for Food Experiences, Restaurant Reservations, and E-commerce Orders, including potential deductions for transaction fees.
For instance, cancellations of Confirmed Bookings within the acceptable cancellation period may be eligible for a refund minus a 3.2% transaction fee. Late cancellations may result in no refunds. Additionally, no-show policies apply to Restaurant Reservations, which may lead to penalties or account suspension after multiple no-shows.
Food for Happiness Program
By using Kabin, you support ByFood’s "Food for Happiness" initiative. For every User who joins a Food Experience, dines at a Restaurant, or places an E-commerce Order through ByFood’s services, 10 school meals are provided to children in developing countries. ByFood donates funds to selected NPOs and NGOs that implement school feeding programs.
Users can check their account page to see how much they have contributed through their activities on ByFood’s platform. ByFood does not retain any money from the Food for Happiness program; all of the funds raised go to the charitable organization.
Limitation of Liability
Kabin provides its services “as is” and “as available,” without any warranties or guarantees of any kind, express or implied, including but not limited to the reliability or quality of the services provided by ByFood and its partners.
By using Kabin, you acknowledge that:
- ByFood’s responsibilities are limited to providing service content and fulfillment via their Hosts and Sellers, while Kabin facilitates bookings and manages payments on behalf of users.
- ByFood disclaims all warranties, express or implied, and limits its liability as stated in its terms.
- Any claims or disputes should be directed to ByFood and its respective service providers.
You agree to indemnify, defend, and hold harmless Kabin and its affiliates, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the services.
Privacy Policy
By using Kabin, you acknowledge and agree to the collection and processing of your personal data as outlined in our Privacy Policy and ByFood’s Privacy Policy. Your information may be shared with ByFood to complete bookings and facilitate transactions. Additionally, all data protection laws and privacy regulations must be followed when using the services.
Code of Conduct
By using Kabin and ByFood’s services, you agree to abide by ByFood’s User Conduct Terms, which prohibit activities such as:
- Unauthorized commercial use of the Services.
- Fraudulent bookings or misuse of payment systems.
- Violations of local laws and regulations.
- Harassment, discrimination, or abusive behavior towards service providers or other users.
Failure to comply with ByFood’s conduct policies may result in account suspension or termination
Dispute Resolution and Governing Law
These Terms and any action related thereto will be governed by the laws of Japan without regard to its conflict of laws provisions. Any disputes arising from these Terms or the use of ByFood’s services through Kabin shall be resolved in accordance with ByFood’s Dispute Resolution policies, including arbitration in Tokyo under the Commercial Arbitration Rules of the Japan Commercial Arbitration Association.
Any legal claims or disputes relating specifically to Kabin’s services, including payment processing or use of the mobile application, shall be subject to the exclusive jurisdiction of the courts of Japan
Changes to the Terms of Service
Kabin reserves the right to update or modify these Terms of Service at any time. Continued use of the platform after any changes constitutes acceptance of the revised terms. ByFood also retains the right to amend its own terms and policies, and users should regularly review updates on ByFood’s website.
Contact Information
If you have any questions regarding these Terms of Service, please contact us at https://kabinhotel.mom/contact/.
For inquiries related to bookings, cancellations, or disputes regarding services provided by ByFood, please refer to ByFood’s official contact channels.
By using Kabin, you acknowledge that you have read, understood, and agreed to these Terms of Service, including the terms and conditions set forth by ByFood.