byFood Partner Terms of Services for Travel Agencies

Thank you for using byFood! Here are our Terms of Service for Travel Agencies ("Terms"), an agreement between you, a partner travel agency (“Partner”), and Tablecross, Inc. ("byFood"), located at WeWork Link Square Shinjuku 16F, 5-27-5 Sendagaya, Shibuya-ku, Tokyo, 151-0051 Japan, concerning Partner’s use of our online platform and service, which connects people to delicious Food Experiences and Restaurants Reservations. The platform and service are available at https://www.byfood.com (the "Site").

The Site and its online services (including but not limited to booking Food Experiences and placing Restaurant Reservations) will hereafter be referred to as the "Services." Partner should read the Terms carefully before it uses the Services. If Partner has any questions, feel free to contact us.

byFood is a Platform Service Provider

byFood is an online platform that facilitates connections between travel agencies and Hosts and Restaurants and allows travel agencies to make easy reservations for Food Experiences organized by local Hosts and Restaurants, among other Services. Satisfaction of Partner and its customers is our top priority. Partner acknowledges and agrees that byFood's responsibilities under these Terms are limited solely to facilitating the availability of the Services, serving as the limited payment agent of each Host and Restaurants, arranging bookings of Food Experience and Restaurant Reservations, processing refunds, and holding and administering payments as a trustee on behalf of Hosts, and Partner. For clarity, we define the terms below.

• A "Food Experience" is an eating or drinking event (such as a food tour, cooking experience, dining experience, or tasting) provided by a Host to Customers, available for purchase by Partner via the Services.
• A "Host" is a Member who organizes and provides Food Experiences.
• A "Customer" is a customer of Partner who enjoys a Food Experience reserved by Partner, or entertains the foods at a Restaurant where Restaurant Reservation are made by Partner via the Services.
• A "Restaurant" is an establishment that provides food and/or beverages and is featured on byFood. The Restaurant may or may not be available for reservation through the Services.
• A "Restaurant Reservation" is an appointment that's scheduled at the Restaurant using the Service.
• A "Seat Reservation" is a Restaurant Reservation that does not cover food or drinks at the Restaurant. When booking a Seat Reservation, the Partner only pays the reservation service fee.
• A "Course Menu Reservation" is a Restaurant Reservation that covers the food at the Restaurant and the reservation service fee. At the Restaurant, the Customers only pays for food and drinks not included in the course menu content listed on byFood.
• A "Confirmed Booking" is a Food Experience booking that is accepted by the Host manually or instantly.
• A "Confirmed Restaurant Reservation" is a Restaurant Reservation that has been processed by the byFood Team.

Partner’s use of the Site and the Services is at its own risk and byFood disclaims all warranties, express or implied, and limits its liability in these Terms. We have included a disclaimer at the end of these Terms. If, during its Food Experience or through its use of the Services, the Partner is subjected to behavior it believes is offensive, threatening, dangerous or otherwise illegal, or if it suspects theft of, or damage to, Partner’s property or possessions, Partner should immediately contact the appropriate local authorities or safety emergency agency (by calling 110 in Japan). byFood is not able to provide or arrange for local emergency services.

Food for Happiness

For every Customer who joins a Food Experience or dines at a Restaurant through byFood's services, 10 school meals are provided to children in developing countries. byFood donates funds to NPOs and NGOs that implement school feeding programs. These organizations are selected through a careful vetting process to ensure that they are legitimate charities.

byFood strives to be as transparent as possible about the funds that are raised. The Food for Happiness "Smile Counter" shows the Partner's contribution through byFood. Partner can check its account page to see how much it has contributed by booking Food Experiences and making reservations at Restaurants. byFood does not retain any money from the Food for Happiness program; all of the funds raised go to the charitable organization.

Agreement Between Partner and byFood

Agreeing to Our Terms

By accessing the Site or using our Services, Partner is agreeing to these Terms, whether or not Partner has registered by creating an Account (defined under Using the Services). If Partner does not agree, then it should not (and are not permitted to) use the Services.

Certain areas of the Site or features of the Services may have additional terms and Partner should read those additional terms. If there is a conflict between these Terms and the additional terms, the additional terms will govern Partner’s use of those areas of the Site or features of the Services.

If Partner and byFood agree to customized offline booking services for Food Experience or Restaurant Reservations, unless agreed otherwise, such services shall also be subject to these Terms.

Changes to Terms or Services

byFood retains the right to change the Terms at any time and will let Partner know of the updates by posting the changed Terms on the Site or through other communications. We will also update the "Last Updated Date" at the bottom of these Terms. It is vital that Partner review the altered Terms because if Partner continues to use the Services after we have notified Partner of the update, Partner is consenting to be bound by the changed Terms. If Partner does not agree to the updated Terms, then Partner may not use the Services. Our Services may evolve over time as improvements are continually made, so we may alter or discontinue all or any part of the Services at any time and without notice, at our discretion.

Using the Services

To use certain features of the Services, Partner will need to create an account with an email address and password (an "Account") and become a "Member." Partner may not become a Member to try to obtain information about other Members or to contact other Members for other purposes.

Partner must provide us with accurate and up-to-date information for Partner’s Account. If Partner does not, we may have to suspend or terminate Partner’s Account. Partner agrees not to share its password with third parties and it will notify us of any unauthorized use of its Account. Partner is responsible for all activities that occur under Partner’s Account and it must immediately tell us if there is a security breach.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, process, and disclose information from Partner.

Data Protection

Partner will have access to personal information related to the Services. For example, Partner may have the Host's email address and general location. Partner may only use this information in relation to the Services. If Partner has access to any personal information of another Member, it is required to abide by applicable data protection laws and adhere to the Privacy Policy in the processing of that information. At no time is Partner to copy, alter, or access information for any reason other than those allowed under these Terms.

Food Experiences Bookings and Restaurant Reservations

How Does Payment for Services (Food Experiences, Restaurant Reservations, etc.) Work?

Partner must pay the total Food Experience fees and Restaurant Reservation fees in advance in order to book a Food Experience or reserve Restaurants. Partner will see the total Food Experience fees and Restaurant Reservation fees during the booking/reservation/order process, which may include taxes and payment processing fees. Exact pricing is based on the number of Customers and the specific service being requested (a cooking class vs. a private cooking class, for example).

In principle, the payment must be made via credit card. On the checkout page, Partner will be provided the complete price breakdown and will be asked for payment information, which may include credit card details. The credit card will only be charged after the Host confirms the Food Experience booking. Similarly, payment for paid Reservations will only be processed after confirmation. For high-end Restaurant Reservations, the payment link will be emailed to the Partner after the arrangements have been made.

By paying for the Services, Partner authorizes byFood.com to send instructions to the financial institution that issued Partner’s card to take payments from Partner’s card account in accordance with the terms of Partner’s agreement with byFood.com. byFood accepts Amex, Visa, JCB, and Mastercard credit cards which are processed by Stripe's secure processing system.

If Partner pays for a Food Experience booking or Restaurant Reservation via the Services, it agrees that (a) byFood may charge its credit card for verification, pre-authorization, and payment purposes; (b) Partner will pay the applicable Total Food Experience fees or Reservation fees or other charges to byFood, which acts as the payment agent of the Host for whom funds will be held in one or more Partner Funds (defined under "Payment and Administration Of Partner Funds" below) and (c) Partner agrees to any additional charges that Partner’s bank or other financial service providers may levy on it, as well as applicable taxes. Partner will receive a confirmation email once the transaction is complete. If Partner has any concerns regarding charges, Partner agrees to voice them first to byFood without canceling or rejecting credit card charges until Partner has made a reasonable attempt at resolving the matter directly with byFood or the Host.

For Partner located in Japan, byFood may offer bank transfer as an alternative payment method at its sole discretion. In such case, if payment is not made by the date designated by byFood, byFood reserves the right to cancel the order and/or suspend or terminate the Partner’s account without notice.

Obligation to Provide Arrival Information and Participation

Partner must clearly communicate all necessary activity information to its Customers, including meeting points, emergency contact details, and important notices. byFood shall not be held liable for any losses resulting from failure by Partner to provide such information or for delays, non-participation, or breaches of activity rules by the customer.

Furthermore, in cases where the customer is late, absent, or unable to participate due to non- compliance with the activity regulations, the booking shall be treated as a same-day cancellation and no refunds will be issued.

Partner’s Contract with the Host or Restaurant

The Hosts and Restaurants, not byFood, are responsible for honoring any Confirmed Bookings and Confirmed Restaurant Reservations.

Partner is responsible for maintaining the privacy of Host's contact information. Under these Terms, Partner is allowed to contact the Host through the Site or as needed to render the Services. While we will use reasonable efforts in our sole discretion to help Partner in dealings with Hosts and make the experience as smooth as possible, Partner, and not byFood, will be responsible for performing the obligations of any contracts with the Hosts, and byFood will not be liable in connection with such contracts.

Partner acknowledges that by providing us with certain personal information, Partner is consenting to byFood's use of that information to provide Partner with the Services, including sharing some of that personal information with the Hosts or Restaurants. Any personal information provided by Partner will be protected as described in our Privacy Policy and Partner can request additional information by emailing us.

Partner shall not use the contact information of the Host or Restaurant, obtained through Services to initiate or encourage any direct transactions with those providers without prior written consent from byFood. If such conduct is discovered, byFood reserves the right to immediately suspend or terminate Partner’s account.

Dealing with Complaints or Claims

byFood strives to make the Food Experiences and our other Services as enjoyable as possible for Customers and Partner. If Partner has an issue with a Host or Restaurant, we encourage Partner to reach out directly to the Host or Restaurant to resolve the issue. In the event of a complaint, byFood will provide the necessary information and support to facilitate communication between Customers, Partner and Hosts or Restaurants. However, any refunds or compensations shall be determined solely based on the final agreement reached between the Partner and Host or Restaurant. byFood shall not be liable for any complaint related to the services provided by Hosts or Restaurants.

Payment and Administration of Partner Funds for Food Experiences

Partner acknowledges and agrees that funds paid to byFood for the Services are provided to byFood solely for the purpose of obtaining and paying for Services, including, without limitation, payment of total Food Experience fees, and the markups and other fees we are permitted to charge under these Terms (hereafter referred to as "Partner Funds").

Food Experience Cancellation Policy

Partner can cancel a Food Experience through the bookings page. If Partner cancels a booking request before it is accepted by the Host, Partner are entitled to a full refund. If Partner cancels a Confirmed Booking within the acceptable cancellation period set by the Host, as stated on the Food Experience page, Partner is entitled to a full refund.

However, if Partner cancels a Confirmed Booking once the acceptable cancellation period has closed, no refunds will be issued.

Restaurant Reservation Cancellation Policy

byFood is committed to providing high-quality services to both Partner and Restaurants. Partner may cancel a Restaurant Reservation, but please abide by the Restaurant's cancellation policy. Avoid canceling on the day of Partner’s reservation as a courtesy to the Restaurant. By that time, the Restaurant will have already prepared for Customer’s arrival and a cancellation may lead to food waste and loss of livelihood.

Reservations should be canceled through the byFood platform, and Partner is urged to adhere to the cancellation policy specified on the respective Restaurant's page. The cancellation policy is contingent upon the type of Restaurant Reservation, distinguishing between Seat Reservations and Course Menu Reservations.

If Partner cancels a Course Menu Reservation before the reservation request is confirmed, Partner is entitled to a full refund. If a confirmed Course Menu Reservation is canceled within the acceptable cancellation period set by the Restaurant, as stated on the Restaurant page, Partner can also receive a full refund. However, if Partner cancels a Course Menu Reservation once the acceptable cancellation period has closed, no refunds will be issued.

If Partner cancels a Seat Reservation before the reservation request is confirmed, Partner is entitled to a full refund. If a confirmed Seat Reservation is canceled within the acceptable cancellation period set by the Restaurant, as stated on the Restaurant page,, Partner can also receive a full refund. However, if Partner cancels a Seat Reservation once the acceptable cancellation period has closed, no refunds will be issued.

For Seat Reservation cancellations done after the acceptable cancellation period, the Partner's credit card will be charged with the penalty amount specified on the checkout page or the amount communicated by the byFood customer support team. This sum is transferred to the restaurant to offset their losses.

Restaurant Reservation No-Show Policy

Upon Customers’ arrival at the Restaurant, it is Partner’s duty to make Customers inform the Restaurant that Partner has placed a reservation through byFood. In the event that , Customers, are unable to honor the reservation, Partner must cancel at least 1 hour prior to the reservation time or else it will be considered a no-show. However, please note that Partner will not receive a refund for the paid and high-end reservations unless Partner cancels the reservation before the allowed cancellation period as stated in "Restaurant Reservation Cancellation Policy."

Code of Conduct

byFood aims to make the use of the Services as secure, safe, and smooth as possible. Accordingly, Partner agrees that it will only use the Services in a manner that is in line with the User Conduct Terms listed below. If Partner breach the User Conduct Terms, its account may be suspended or terminated.

User Conduct Terms

In regards to Partner’s use of the Services, it agrees that it will not:

• use the Services for commercial or other purposes that are not expressly permitted by these Terms;
• copy, store, or otherwise access any information obtained through the Services for purposes not expressly permitted by byFood, or that would violate any laws;
• obstruct or damage the Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing, or similar methods or technology;
• use the Services to transmit, disseminate, post, or submit any information concerning any other person or entity, including, without limitation, personal contact information or credit card, debit card, or bank account numbers;
• use the Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Services on the byFood platform;
• pay or offer money to a Host during and/or in connection with a Food Experience;
• violate any local, prefectural, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations and data protection regulations;
• cause any damage to the locations of the Food Experience or to the property or personal belongings of a Host;
• recruit or otherwise solicit any Host or other Services user to join third party services or websites that are competitive or similar to byFood, without byFood's prior written approval;
• use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Services or to access, "scrape," "crawl," or "spider" any web pages or other services contained in the Services;
• "stalk" or harass any other user of our Services or collect or store any personally identifiable information about any other Member other than for purposes of transacting as a partner travel agency;
• contact a Host for any purpose other than asking a question related to Partner’s booking of a Food Experience (other than with the Host's permission);
• mistreat any byFood employees including, but not limited to, using abusive language in writing or by telephone;
• impersonate any person or entity, or falsify or otherwise misrepresent itself or its affiliation with any person or entity;
• post, upload, publish, or transmit any content that: (i) infringes a third party's patent, copyright, trademark, trade secret, or other intellectual property rights, or rights to publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• use, display, mirror, or frame the Services or any individual element within the Services, byFood's name, any byFood trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without byFood's express written consent;
• access, tamper with, or use non-public areas of the Services, byFood's computer systems, or the technical delivery systems of byFood's providers;
• attempt to probe, scan, or test the vulnerability of any byFood system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by byFood or any of byFood's providers or any other third party (including another user) to protect the Services or any of the content on the Services;
• attempt to decipher, disassemble or reverse engineer any of the software used to provide the Services or content on the Services;
• disclose or disseminate personal information of other Members, Host and other third party it acquired in relations to the Services and terms and conditions for the Services including the discount rate and the amount of discount offered to the Partner; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

byFood's Enforcement Rights

Although we are not obligated to monitor access to or use of the Services or to review or edit any content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law. We reserve the right, but are not obligated, to remove or disable access to any content on the Site, at any time and without notice, including, but not limited to content that we, at our sole discretion, deem to be objectionable or in violation of these Terms or of our User Conduct Terms. We have the right to investigate violations of these Terms or conduct that concerns the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements, including providing such authorities with access to any content on the Site.

Copyright Policy

It is byFood's policy to terminate, in appropriate circumstances, Account holders who repeatedly infringe the rights of copyright holders. Please see byFood's Copyright Policy, for additional information.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources such as Google Maps. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such third-party websites. Partner acknowledges sole responsibility for and assume all risk arising from its use of any third-party websites or resources.

Termination

We may terminate these Terms or Partner’s access to the Services, at our sole discretion and without liability to Partner, at any time and with or without prior notice to Partner. Upon any termination, or cancellation of the Services, the following provisions will survive: User Conduct Terms, Disclaimers, Limitation of Liability, and Dispute Resolution. Upon any termination or cancellation of the Services or Partner’s Account, we will promptly pay Partner any amounts that we in our discretion determine we are legally obligated to pay Partner.

Disclaimers

The Services are provided "as is," without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of the course of dealing or usage of trade.

Although we do our best to work with Hosts and Restaurants that offer high-quality Food Experiences and foods, and we screen our Hosts and Restaurants to try to ensure this, byFood makes no guarantee that the Food Experiences and Restaurants will meet Partner’s requirements, or regarding the quality of any Food Experiences or Restaurants that are available on the Site.

byFood makes no guarantee as to the identity, character, or conduct of Members and assumes no responsibility for a Host's, Restaurant’s or a Partner's compliance with any applicable laws and regulations. Partner agrees to take reasonable precautions in all communications and interactions with other Members with whom Partner communicate or interact as a result of its use of the Services, including without limitation, Hosts, and Restaurants, particularly if Partner decides to meet offline or in person, regardless of whether such meetings are organized by byFood. byFood explicitly disclaims all liability for any act or omission of any Partner, Host, Restaurant, or another third party.

Indemnity

Partner will defend, indemnify, and hold byFood and its affiliates and subsidiaries (and their respective officers, directors, employees, and agents) harmless against any claims, disputes, demands, liabilities, damages, losses, regulatory fines, and costs and expenses; including, without limitation, reasonable legal and accounting fees arising out of, or in any way connected with, (i) Partner’s access to or use of the Site or Services, including without limitation Partner’s booking or provision of a Food Experience; or (ii) Partner’s breach of these Terms.

Limitation of Liability

Partner acknowledges and agrees that, to the maximum extent permitted by law, the entire risk arising out of its access to and use of the Services, including but not limited to Partner’s booking of any Food Experiences and Restaurants via the Services, and any contact Partner has with other users of the services, whether in person or online, remains with Partner.

Neither byFood nor any other party involved in creating, producing, or delivering the Services, will be liable for (i) any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or use or goodwill, service interruption, computer damage, or system failure, or the cost of substitute products or services; (ii) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms; (iii) the use of or inability to use the Services; (iv) any communications, interactions or meetings with other users of the Services or other persons with whom Partner communicates or interacts as a result of its use of the Services; (vi) booking of any Food Experiences via the Services; whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not byFood has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to Partner.

Except for our obligations to refund amounts if applicable, in no event will byFood's aggregate liability arising out of or in connection with these Terms and Partner’s use of the Services, or from any communications, interactions, or meetings with other users of the Services or other persons with whom Partner communicates or interacts as a result of its use of the Services, exceed the amounts it has paid or owe for bookings via the Services in the twelve (12) month period prior to the event giving rise to the liability or the limitations of damages set forth above are fundamental elements of the basis of the bargain between byFood and Partner.

Dispute Resolution

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.

Agreement to Arbitrate

All disputes, controversies or differences arising out of or in connection with this contract shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. The place of the arbitration shall be Tokyo, Japan. The number of the arbitrators shall be three. The arbitral proceedings shall be conducted in Japanese.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between byFood and Partner regarding the Site, Services, and any bookings and orders of Food Experiences made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between byFood and Partner regarding the Services, and any bookings, orders or provision of Food Experiences and Restaurants made via the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Partner may not assign or transfer these Terms, by operation of law or otherwise, without byFood's prior written consent. Any attempt by Partner to assign or transfer these Terms, without such consent, will be null and of no effect. byFood may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by byFood to Partner under these Terms, including those regarding modifications to these Terms, will be given by byFood: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. These Terms apply only to byFood and Partner. These Terms are not intended to and shall not create any third party beneficiary rights, except as expressly provided in these Terms.

byFood's failure to enforce any right or provision of these Terms will not be considered a waiver of future enforcement of that right or provision or of any other right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of byFood. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Last Updated: Sep 18, 2025