Terms and Conditions of Use

Date of Publication: 10 August 2022

Company Name: SMOP TECH japan

SMOP is an application provided by SMOP TECH japan.

These Terms and Conditions of Use (hereinafter these “Terms”) govern your use of the official website and App provided by SMOP (or “We”) (hereinafter collectively, the “Platform”). Please read these Terms carefully. Access to and use of services on the Platform shall be deemed as your having read, understood, and accepted these Terms, including any other terms and conditions and any policy referred to in these Terms, published on the Platform, or accessible through hyperlink. If you do not agree to or do not wish to comply with these Terms, please do not use the Platform.

The Platform may be used by individuals aged 18 and above. Where applicable, these Terms shall be subject to the regulations of the specific countries/territories listed herein.

Users under the age of 18 must acquire the consent of their parent or legal guardian. The parent or legal guardian must accept these Terms and agree to be liable for the underage user’s behavior and pay any fee incurred from their use of the Platform and/or purchase of any product. If you do not have the consent of your parent or legal guardian, you must immediately stop your use of/access to the Platform.

Each change to these Terms will be published on the SMOP platform. We strongly suggest that you read these Terms regularly. Continued use of the Platform from the date of publication of the amended terms shall be deemed your agreement to the amended terms. In case of any ambiguity in the contract terms, interpretation shall be made in the consumers’ favor.

1. SMOP

1.1 Our Activities

SMOP allows you to create a connection to boutiques (hereinafter collectively, the “Boutiques”) through the Platform to facilitate your order of all types of products from such Boutiques, including prepared food and raw food (hereinafter collectively, the “Products”). When you use the Platform to issue a product order to a Boutique (hereinafter an “Order”), SMOP will provide, process, and establish the Order on behalf of the Boutique as its agent, followed by performance of the Order by the Boutique towards you.

1.2 How to Contact Us

If you need consumer support, you can contact us by email.

We care about your opinions very much and will strive to reply to you within 5 business days. All opinions and complaints can be sent to SMOP’s service email: service@smoptech.com.

2. Use of Platform and SMOP Account

2.1 To use the Platform, you need to register a SMOP account. When you register a SMOP account, we will ask you to provide your personal information, including a valid email address or mobile phone number. To make an Order, you may need to provide us with your detailed credit card information, depending on the payment method that you choose. Your designated password shall not be shared with anyone else, and you agree to always keep the password confidential. You shall bear full liability for the security of your password. You accept to bear full liability for all Orders issued through use of your personal SMOP account. In case of any third-party fraud or fraudulent use of your account or credit card, please notify SMOP as soon as possible to close your account and seek assistance from the police.

2.2 SMOP will not be liable for any Order with delivery issues arising out of incomplete, incorrect, or missing information that you provide. You have the obligation to provide full, precise, and truthful information necessary to duly process the Order.

2.3 If you wish to delete your SMOP account, please send us an email asking us to delete the account or use the delete the account function on the App.

2.4 If we reasonably deem that any of the following events have occurred, we may restrict, suspend, or terminate your SMOP account and/or restrict, suspend, or terminate your use of the Platform: We suspect or discover your participation in any activity or conduct in breach of these Terms or our policies or guidelines or participation in any activity or conduct that we deem abuse of the Platform.

3. Restrictions

3.1 Activities Prohibited by the Platform

SMOP reserves the right to conduct investigation on and undertake proper legal actions against any person it deems to have engaged in any prohibited activity at its own discretion. The prohibited activities include but are not limited to the following:

  • 3.1.1 Use of the Platform in any manner in breach of local laws;

  • 3.1.2 Publication of any content that infringes upon the intellectual property right, privacy right, trade secret, or any other right of either party;

  • 3.1.3 Publication of any content deemed by SMOP at its own discretion or determined in accordance with local laws as illegal or obscene in nature or any content that is in the nature of libel, threat, harassment, insult, slander, or hatred against or that is embarrassing to any other individual or entity;

  • 3.1.4 Publication of any content deemed as online bullying by SMOP at its own discretion;

  • 3.1.5 Publication of any content that describes any dangerous conduct, any act posing jeopardy to life, or any other risk-seeking conduct;

  • 3.1.6 Publication of any individual’s telephone number, street address, name, or any other personal information that renders the person directly or indirectly identifiable;

  • 3.1.7 Publication of URL on any external website or in any form of HTML or program code;

  • 3.1.8 Publication of any content deemed as spam by SMOP at its own discretion;

  • 3.1.9 Publication of any content under the disguise of any other person;

  • 3.1.10 Collection or other solicitation of information about others without their consent, including email addresses;

  • 3.1.11 Allowing any other individual or entity to use your identity to post information or view comments;

  • 3.1.12 Harassment, threat, stalking, or insult against any individual on the Platform;

  • 3.1.13 Engagement in any other act that restricts or prevents the use of the Platform by others or that is deemed by SMOP at its own discretion to have resulted in any form of liability or damage to SMOP or any other consumer, Boutique, or any other party;

  • 3.1.14 Encouragement or assistance for any other person to engage in any of the prohibited activities listed in these Terms.


3.2 SMOP has the right but not the obligation to undertake any or all of the following actions:

  • 3.2.1 Conduct investigation on any content published on the Platform that does not comply with these Terms and decide at its discretion to delete the content or ask the posting party to delete the content;

  • 3.2.2 Delete contents of an insulting, illegal, or infringing nature or that do not comply with these Terms;

  • 3.2.3 When a user has any conduct in breach of these Terms, suspend or terminate the user’s right to use the Platform or its SMOP account;

  • 3.2.4 Monitor, edit, or disclose any content on the Platform and edit or delete any content published on the Platform, regardless of whether the content is in breach of the above standards.

4. Intellectual Property Right

All registered or unregistered trademarks, logos, images, and service marks, including the Terms specified on the Platform or in our marketing materials, constitute SMOP’s intellectual property rights and/or third-party intellectual property rights licensed to us (hereinafter collectively, the “Intellectual Property”). You shall not use, reproduce, forward, repost, upload, publish, transmit, distribute, or revise such Intellectual Property in any manner without our prior express written consent. Use of the Intellectual Property Right, such as SMOP trademarks, on any other website without our approval is strictly prohibited. To the maximum extent permitted by law, SMOP will actively defend its intellectual property rights, including the filing of criminal lawsuits. SMOP does not warrant or represent that the information shown on the Platform that you use will not infringe upon a right that is not owned by SMOP or any third party not affiliated with SMOP. You shall bear the sole liability for any risk arising out of the use of any information on the Platform.

5. Order

5.1 Special Instructions – SMOP and the Boutiques (as the case may be) will make their best efforts to follow any special instructions you provide in the Order. However, SMOP and/or the Boutiques have the right to continue order preparation based on standard operating procedure. Neither SMOP nor any Boutique will be liable for product replacement or product return due to inconsistency with any special instruction provided by you in any Order.

5.2 Allergens – SMOP does not warrant that the Products sold by the Boutiques are free from allergens. If you have any allergy, allergic reaction, or dietary restriction or requirement, please contact the Boutique before making an Order on our Platform.

5.3 Please note that your Order may be subject to other terms and conditions established by the Boutiques. Any meal ordered from the Platform should be consumed as soon as possible following delivery.

5.4 When you make an Order using the SMOP Platform, the Boutique will be responsible for preparing your ordered meal.

5.5 Before making an order, you must scan the QR Code provided by the Boutique.

5.6 After scanning, you will be transferred to the product page for you to select the product and add it to the shopping cart.

5.7 To complete an Order, you must first check and verify all the information that you have provided (including amount, detailed reception information, detailed personal information, payment information, and discount code (if applicable)) is true, precise, and complete before you click “Send Order” (or equivalent). Once you have received confirmation of a successful order, it means that you have successfully made the order.

5.8 To make an order payment, please click “Check Out” and follow the instructions on the screen. You may need to provide us with More detail...ed information in order to complete your Order.

6. Price and Payment

6.1 Prices quoted on the Platform will be displayed in the local currencies of the applicable countries/territories, together with the applicable tax amounts payable.

The prices of the Products you order are as listed on the website at the time. However, we reserve the right to change product prices in the future.

The final order price displayed includes all sales tax and charges. However, we reserve the right to change products sold and services provided on the Platform, as well as the right to suspend any product or service listed in any Boutique.

6.2 We may show product prices in different manners for different Boutiques. The prices displayed on the Platform may or may not include product and service tax, VAT, or other equivalent taxes.

The price details and other charges will be displayed before checkout. Upon making an Order, you are deemed to have agreed to all amounts, other charges, and the final “Total” amount displayed.

All prices provided by third parties are provided by restaurants/Boutiques. We suggest but do not guarantee that the meal/product prices of the Boutiques are consistent with the in-store menu prices. In case of price discrepancy, the price displayed on the Platform constitutes the sale price. If a consumer has any problem, please immediately communicate with the specific Boutique onsite.

6.3 The prices displayed on the Platform are the closing prices per Order.

6.4 You can choose to use any payment method provided on the Platform to pay for the Order, including our payment partners – Visa, Mastercard, JCB, or payment in cash.

6.5 Payment Methods

SMOP reserves the right to provide other payment methods and/or delete existing payment methods at any time at its own discretion. If you choose to use online payment, the payment will be processed by a third-party payment service provider. With your consent, our third-party payment service providers will save your credit card/payment information for existing or future payments. However, SMOP will not save your credit card or payment information.

If you select online payment, you must make payment before making the online order. To ensure the security of online shopping, your bank card/credit card details will be encrypted to prevent the possibility of viewing by others or online transmission.

7. Representations, Warranties, and Limited Liabilities

7.1 Representations and Warranties

You recognize and agree that the contents on the Platform are provided on an “existing” and “as is” basis. It is your own decision to use or rely on the Platform and any content, product, merchandise, or service accessed or acquired through the Platform, and you alone shall bear the corresponding risks. Despite reasonable efforts by SMOP to ensure the provision of platform services at all times, we do not guarantee, nor do we represent that the services provided will always be secure, timely, and free of interruption, error, technical difficulty, defect, or system anomaly. Please also note that the Platform may be temporarily interrupted due to routine or daily maintenance, as well as interruption of internet or electronic communication or other events of force majeure.

7.2 Limited Liabilities

We shall not assume any liability for any delay, malfunction, error, omission, or data loss during transmission, virus, or any other corruption or jeopardy caused by our webpages.

We are unable to bear liability for any delay or omission by any Boutique or caused by events of force majeure.

In the event of force majeure, if we are unable to fully perform our obligations under this agreement as a result, we have the absolute right to determine the Orders that we will complete and the scope thereof.

We have undertaken reasonable means to prevent internet fraud and ensure the security of your personal information. However, we are unable to bear liability for major events, such as damage or jeopardy to computer servers or third-party breaches.

Upon occurrence of any abuse of a discount code or any other suspected fraud, SMOP reserves the right to immediately stop and refuse further provision of any service to the Boutiques (or consumers). In addition, SMOP also reserves the right to claim compensation from the breaching party or abuser.

SMOP has the right to cancel or terminate discount events at any time without notice.

7.3 Boutique Representation

SMOP shall not bear any liability for any action or non-action of any Boutique or you in relation to the provision of Products. SMOP shall not bear any liability for the quantity, quality, status or other situation of any product and/or service provided by the Boutiques, nor does it guarantee that the information displayed under boutique list/product on the platform (including menu information, photos and images) is precise or correct. The provisions of these Terms do not release any Boutique of its liability for death or physical injury incurred due to gross negligence or willful misconduct.

8. Boutique Liability

The Boutiques are responsible for the preparation, packaging, status and quality of the Products. When products are supplied by a Boutique, the Boutique is responsible for product and/or order delivery. SMOP shall not be liable for any loss or damage incurred from your contractual relationship with any Boutique.

9. Personal Information (Personal Data) Protection

You agree and allow SMOP and its affiliates to collect, process and use your personal data in accordance with these Terms and further detailed provisions in our Privacy Terms and Conditions. Our Privacy Terms and Conditions can be viewed through a link on the Platform. Such Privacy Policy is an integral part of these Terms.

10. Indemnification

You agree to ensure, protect and hold SMOP and its directors, senior executives, employees, representatives, agents and related parties harmless from any and all third-party claims, liabilities, damages and/or costs (including but not limited to legal fees) arising out of your improper use of the Platform or your breach of these Terms and guarantee to provide indemnification for the above.

11. Third-Party Links and Websites

The Platform may include links to other third-party websites. Clicking on any such link shall be deemed your agreement to solely bear the risks of being transferred to these websites. SMOP do not control these third-party websites or links, nor does it endorse them, nor shall it be liable for any content on such linked webpages. SMOP shall not bear any responsibility or legal liability for any loss or damage you suffer due to access to or use of such third-party links or websites.

12. Termination

SMOP has the right to terminate, suspend or delete your account and your right to access to the Platform, including any service we provide to you under Orders, for reasons including but not limited to SMOP’s determination that you have breached good customs or engaged in any act in breach of the Terms.

13. Amendment

Upon each amendment to these Terms, a prior publication will be made on the SMOP official website and in the App. We strongly suggest that you read these Terms regularly. The amended Terms shall take effect immediately upon publication. Your continued use of the Platform after (including) the effective date shall be deemed your agreement to the new Terms. You have the responsibility to verify the Terms regularly. If you do not agree to the amended Terms, whether in whole or in part, please immediately stop using the Platform.

14. Miscellaneous

14.1 All prices are computed and displayed in local currencies.

14.2 Upon each amendment to these Terms, a publication will be made on the SMOP official website and in the App. The last date of published amendment was 10 August 2022.

14.3 Payment must be completed in the order procedure. You can make online payment by credit card or make cash payment in the restaurant. If payment by credit card is not made in time, you will not be able to issue a successful order.

14.4 Please do not use any automated program or patch for online order connection on our website.

14.5 Please do not collect or search any personally identifiable information on our website, use any communications system provided on the website for the purpose of commercial solicitation, use any reason to solicit users that submit orders on the website, publish or issue any code for discount coupons or website links or jeopardize or crack the website.

14.6 The Terms and Conditions of Service, the Privacy Terms and Conditions, any Order and payment instruction constitute the entire agreement between us. No other express or implied clause shall become a part of these Terms. In case of any conflict between these Terms, the Terms shall prevail.

14.7 These Terms and our agreement shall be subject to the jurisdiction and interpretation of local laws.

14.8 No delay or failure to exercise our right or compensation under this agreement shall be deemed as our waiver of such right or compensation unless the waiver is confirmed in written form.

14.9 These Terms and agreement (as well as all other non-contractual obligations or related provisions) shall be interpreted in accordance with local laws. All sale and purchase transactions and our communications with you shall be done in Chinese.