Terms and Conditions for Sanmiwago Online Services (USA)

Effective: October 31, 2024
Important: Please carefully read and understand these terms and conditions (“terms”). They contain an arbitration agreement, jury and class action waivers, limitations on Sanmiwago liability and other provisions that affect your legal rights.

By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Sanmiwago INC (“Sanmiwago”, “we” or “us”).

In addition to terms that apply generally to the online services, these terms contain sections applicable to the Sanmiwago Rewards program, Sanmiwago Text Messaging program, and the Sanmiwago Delivery program that apply only with regard to your participation in those programs. The terms for these programs may vary from the terms applicable to the online services generally.

Please also review Sanmiwago Privacy Statement, which describes how we collect, use, and share information. By accepting these terms, you also understand and agree these terms will govern any disputes arising out of or related to Sanmiwago Privacy Statement.

By accepting these terms, you understand and agree that, as stated in Section 9, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.

The online services are not intended to be used by, or targeted to, anyone under the age of 18 years old. You must be at least 18 years old to use the online services. If you do not agree to these terms, then you must immediately stop using the online services and request that Sanmiwago close any online services account that you have created. You can request account deletion by contacting us at sanmiwago298@gmail.com.

1. About the online services.

Availability of products and services.

Sanmiwago products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.

Obey the rules of the road.

Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.

You are responsible for your devices and accounts.

You are responsible for any devices, software and services needed to use the online services. Sanmiwago does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees, and taxes for your use of the online services, including when we communicate with you by text, email, or other means that you choose.

You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times. An email may be required to create an online services account. You are not permitted to register multiple accounts under multiple email addresses.

Sanmiwago right to update or terminate the online services.

You understand and consent that (with or without notice) Sanmiwago may update, modify, or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Sanmiwago mobile app that you have installed on your device. If you are not satisfied with the online services following such changes, your sole remedy is to discontinue use of those online services.

Updates to these terms.

Sanmiwago may also update these terms at any time and at its sole discretion. If Sanmiwago makes material changes to the terms, we will notify you by reasonable means. In addition, Sanmiwago will post the new terms in the online service. Please review these terms from time to time to view any changes.

If you do not agree to the changed terms, then you must immediately stop using the online services and request that Sanmiwago close any online services account that you have created. To close your account, you can visit ‘your profile’ and select ‘delete account’.

How to contact us.

If you have any questions or comments regarding the online services, Contact us at sanmiwago298@gmail.com.

2. Our information practices and communications with you.

How we communicate with you.

Through the online services, you may opt in to receive emails, push notifications from Sanmiwago. When you opt into any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Sanmiwago. Sanmiwago may use the information you have provided to us to communicate with you in accordance with Sanmiwago Privacy Statement and California Privacy Notice.

Opting out of communications generally.

You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out of various communications in the profile section of the online service that you use. You may also have the ability to change certain communication preferences, such as mobile app notifications, using your device settings.

In addition, our communications themselves may include the opportunity to opt out, such as by selecting the “unsubscribe” link in emails, You understand and agree that you may need to separately manage your communication preferences for each communication method.

For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service.

Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from a Sanmiwago franchisee, then you will need to opt out from them directly.

3. Placing orders for restaurant pick-ups and Mobile Order & Pay (MOP).

This section applies to orders you place using the online services, including in certain geographic areas where you can order ahead via the Sanmiwago mobile app so the restaurant can start your order ahead of your arrival (excluding delivery). This program is known as “MOP” or the “MOP Program.”

Please read this section before you send any orders to restaurants using the online services and/or MOP. Please note that ordering may not be available in all online services. If you are within the geographical areas where MOP is available, the MOP option may be displayed to you.

About ordering.

The purpose of ordering (including MOP) is to provide customers with a convenient way of building orders for products in advance and submitting their orders to a participating restaurant. You must register an online services account in order to use ordering (including MOP). Before you submit an order, you must register a credit card or debit card (either one, a “payment card”) or another payment method that Sanmiwago supports to use with your orders.

Not all restaurants may choose to make their products available via ordering. Please note MOP may not be available in all geographic areas or through all online services that Sanmiwago provides. You may need to enable location services on your device in order for ordering to function properly.

Registering your payment method.

Sanmiwago and the restaurants use third party payment services providers to securely store your payment card information and process your payments to restaurants. You understand and agree that, when you register a payment card, Sanmiwago or its third party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value, temporary charge. You are able to update your saved payment method information if there are changes to that information (e.g., as a result of a re-issued card with new account numbers and expiration date).

Alternatively, Sanmiwago and its third party payment services providers may obtain updated payment method information from your bank or financial services institution provided you have authorized your bank or financial services institution to provide this updated information. You also understand and agree that when you use ordering to make a purchase from a restaurant, that restaurant will be the merchant of record. Restaurants may require information other than your order code to verify your purchase. You represent and warrant that you are of sufficient age and have all legal rights to use all payment methods you register.

About the products in the online services.

All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due to your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.

About the prices in ordering.

Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.

Building, confirming and sending your order to a restaurant.

You can use ordering to build your order and send it to a participating restaurant that you select. Payment is charged when you select ‘Pay & Place Order’. Orders made must be collected in person from the restaurant.

Paying for your order.

When you select ‘Pay & Place Order’ you authorize the restaurant to process your order total. The restaurant’s payment service provider will process your order total amount to the payment method you selected when you built your order. Orders must be collected in person from the restaurant you selected when placing your order. You own the products after you have collected them.

Cancelling your order, refunds and your consumer rights.

You have the ability to update or abandon your order at any time prior to selecting ‘Pay & Place Order’. If you desire to seek a refund for any reason after you select ’Pay & Place Order’, including if the products are unsatisfactory or other reasons, please contact the restaurant where you purchased the product.

The decision regarding how to resolve any refund request is in the discretion of the restaurant where you purchased the product (excluding delivery). Your legal rights in this respect are not affected by anything in these terms.

Complaints.

If you have a complaint about your experience with a Sanmiwago restaurant or product, please contact the restaurant in question. Alternatively, you may contact at sanmiwago298@gmail.com. Sanmiwago cannot possibly read or respond to every single comment made in other channels, such as social media. Please immediately contact sanmiwago298@gmail.com with any concerns or reports of a serious nature.

4. Deals And Offers.

You have the possibility of receiving deals through the online services. The following general terms apply to the deals:

The deal may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date;
Serving times apply (e.g., certain non-breakfast deals may not be available at breakfast serving times);
Unless otherwise stated each deal expires on redemption;
Only one deal can be used per restaurant visit;
Deals are not transferable; and
There is no cash alternative. In addition, there may be specific terms that apply to the deal which are stated on the app next to the deal. Not all deals may be combined with orders. By opting out of Sanmiwago Rewards & Deals, you will no longer have access to deals in the program.
Gives subscription offer.

5. Ownership and Licenses for the online services.

Sanmiwago intellectual property ownership.

Any and all rights in the online services are and shall remain the exclusive property of Sanmiwago or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services any features and functionality provided by third parties, and in which those third parties own certain intellectual property rights.

Neither Sanmiwago nor any other Members of the Sanmiwago System have any responsibility arising from or related to any such third-party features or functionality. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Sanmiwago or its licensors’ rights.

Your license to use the online services.

Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes a license to access, interact with, and display the online services. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you, Sanmiwago or its licensors reserve all other rights.

Trademark information.

Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Sanmiwago or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

6. Copyright notice.

Sanmiwago will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to Sanmiwago at:

Sanmiwago INC
sanmiwago298@gmail.com

What to include in your infringement notice.

Please include the following information in your notice to us, along with your full name, address, telephone number and email address:

A detailed description of the copyrighted work that you believe has been infringed.
A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit Sanmiwago to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).
The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”

7. Acceptable uses and restrictions for the online services.

Acceptable uses and other restrictions.

With respect to the online services (which includes content) or any portion thereof, you may not, and may not allow third parties, to:

Use the online services for any purpose that is unlawful or prohibited by these terms;
Delete or change any copyright, trademark, or other proprietary notices;
Claim or attempt to obtain ownership or title to the online services, including the content;
Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services or your online services account, or combine them with, or incorporate them into, any other programs or services;
Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
Transfer, provide, export or re-export the online services in violation of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Sanmiwago network or any user accounts associated with the online services;
Any fraudulent use of an online services account or Sanmiwago Rewards points;
Share, publish, or otherwise use direct hyperlinks to pages, images, or other resources within the online services other than a link to the online services
Incorporate any pages or functionality within the online services into other services or applications using framing or analogous techniques.

8. Limitations on liability and disclaimers.

Limitations on Sanmiwago liability.

Neither Sanmiwago nor any other Members of the Sanmiwago System shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury or property damage related to or arising out of the online services or out of the acts or omissions of Members of the Sanmiwago System whether arising out of contract, tort or ordinary negligence.

Nothing in this section is intended to limit Sanmiwago liability for damages to the extent caused by Sanmiwago own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law. Sanmiwago reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

Sanmiwago provides the online services “AS-IS” and without any warranties.

The online services may include inaccuracies or errors. Sanmiwago provides the online services “as is” and without warranties of any kind either expressed or implied. Sanmiwago disclaims all warranties of merchantability and fitness or a particular purpose. Sanmiwago does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components.

You assume total responsibility related to your use of the online services. Your sole remedy against Sanmiwago and all other Members of the Sanmiwago System for dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties. These warranty exclusions may not apply to you to the extent that applicable law does not allow the exclusion of implied warranties.

Third party services.

The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Sanmiwago does not endorse and is not associated with any of these third-party services. Neither Sanmiwago nor any other Members of the Sanmiwago System have any responsibility arising from or related to these third-party services.

The online services contain Google Maps features and content that are subject to the Google’s terms of service and Google’s privacy policy.

We may permit you to login to the online services using an account from a third party service such as Apple ID, Google+ or other social networking platforms in place of creating a new account specifically for the Online Services. Sanmiwago has no control over, makes no representations or warranties whatsoever about any of the third party services that you may access, is not responsible for the availability of such third party services, and does not endorse nor is responsible or liable for any content or other materials on or available from such third party services. Your use of the third-party services may be subject to additional terms, including software license terms, from those third parties.

Events beyond our control.

Neither Sanmiwago nor any other Members of the Sanmiwago System have any responsibility for Sanmiwago failure to perform any of its obligations under these terms cause by or related to any event beyond Sanmiwago reasonable control. If such an event occurs, then Sanmiwago obligations under these terms will be suspended for the duration of the event; and Sanmiwago may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

How we settle disputes.

You agree that:

Any claim or dispute (whether in contract, tort, or otherwise) that Sanmiwago or any Member of the Sanmiwago System may have with you, or that you may have with Sanmiwago or any Member of the Sanmiwago System, arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator using the AAA’s Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules (“rules and procedures”);
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
Prior to you or Sanmiwago initiating arbitration by filing a Demand for Arbitration with the AAA, you and Sanmiwago will engage in the informal dispute resolution process outlined in this paragraph. First, the party interested in pursuing a dispute related to the online services must give written notice to the other party of the party’s intent to initiate an informal dispute resolution conference (the “Notice”). The Notice shall contain: (1) the initiating party’s name; (2) the initiating party’s mailing address, email address, and phone number; (3) a description of the nature of and basis for the dispute; and (4) the specific relief sought. If you are the initiating party, the Notice must be sent via e-mail to sanmiwago298@gmail.com. Second, within 60 days of the non-initiating party’s receipt of the Notice, or at a later date if you and Sanmiwago mutually agree to enlarge the 60-day period, the parties shall make a good-faith attempt to resolve their dispute by participating in a live telephone call or videoconference. If you are represented by counsel, your attorney(s) may participate in the dispute resolution conference, but you must be present and must participate in the conference as well. Engaging in this informal dispute resolution process is a prerequisite to commencing arbitration. Any applicable statute of limitations period and all arbitration filing fee deadlines shall be tolled from the date that a fully complete Notice is received by the other party to and including the date the dispute resolution conference is held;
If, during the informal dispute resolution process described in subpart 3 above, Sanmiwago makes a written offer to resolve the parties’ dispute pursuant to which Sanmiwago will provide all the relief sought in your Notice, including paying you the full amount of your alleged damages set forth therein, you understand that an Arbitrator will have the right to award arbitration fees against you should the Arbitrator decide that you were unreasonable in continuing to pursue the matter despite Sanmiwago offer;
If, following the informal dispute resolution process described in subpart 3 above, either you or Sanmiwago decides to file a Demand for Arbitration with the AAA, the demand must include: (1) the name and contact information of the party initiating arbitration; (2) the legal claims being asserted; (3) a detailed explanation of the factual basis for those claims; and (4) a detailed explanation of both the nature and the amount of the relief sought. Filing a demand that does not include the above information may result in the rejection of your Demand for Arbitration;
The arbitration shall be held at a location determined by the AAA under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Sanmiwago or other Members of the Sanmiwago System;
The arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
The arbitrator shall apply Illinois law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
No claims shall be arbitrated on a class or representative basis as you and Sanmiwago hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Sanmiwago; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Sanmiwago under this provision;
You and Sanmiwago empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;
In the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $225 USD, Sanmiwago agrees to pay any such administrative, arbitrator and filing fees exceeding $225 on your behalf, subject to ultimate allocation by the arbitrator. If you can demonstrate that the cost of initiating your claims in a court of law would be less than $225, Sanmiwago will pay the portion of the administrative, arbitrator and filing fees that exceed the demonstrated cost of initiating your claims in court. In addition, if you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sanmiwago will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive;
If more than 1,000 arbitration demands are filed against Sanmiwago relating to substantially the same business decision or underlying facts by individuals who followed the procedures set forth in subsections 3 and 5 above and are represented by the same counsel or coordinated counsel, and if no substantive ruling has been made in an arbitration between you and Sanmiwago relating to that decision or those facts, then both you and Sanmiwago have the unilateral right to opt out of this arbitration provision and have your dispute heard in state court in DuPage County, Illinois or in the United States District Court for the Northern District of Illinois by sending a written notice to the other party; and
With the exception of subparts 9 and 12 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained herein. If, however, either or both of subparts 9 and 12 above are found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Sanmiwago nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of DuPage County, Illinois or the United States District Court for the Northern District of Illinois. If litigation ensues for any reason, both you and Sanmiwago agree to waive any right to a trial by jury. Further, notwithstanding any other language in this arbitration provision, neither you nor Sanmiwago shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Sanmiwago are required to arbitrate their claims against one another. For more information on the AAA and its rules and procedures, you may visit the AAA Website.

9. Terms relating to the Mobile Application

This section applies only if you access our online services through a mobile device running Apple’s iOS or Google’s Android operating systems. If you access our online services through a mobile application, the applicable terms for the platform from which you download the mobile application (“Platform Terms”), such as the Apple App Store or Google Play Store, may apply in addition to these terms and conditions. These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and conditions, including the Licensed Application End User terms therein (“Apple terms”). You also acknowledge and agree:

Neither Apple nor Google has no obligation at all to provide any support or maintenance services and neither are responsible for the content in the mobile application. If you have any maintenance or support questions in relation to the mobile application, or any concerns regarding content in the mobile application, please contact Sanmiwago or Google, not Apple, using the above Support Services details;
Neither Google nor Apple have any responsibility for content within the mobile application. If you have any concerns regarding content in the mobile application, please contact Sanmiwago as described within these terms, depending on the nature of your concern;
Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the mobile application Version are between you and Sanmiwago; neither Google nor Apple shall be a party; and
Neither Apple nor Google will be responsible or liable to you in relation to any third party claim, or the investigation, defense, settlement and discharge thereof: (i) that your possession or use (in accordance with these terms) of the mobile application infringes any intellectual property rights; (ii) relating to any product warranties other than in the Platform Terms, whether express or implied; (iii) product liability claims; (iv) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (v) claims arising under consumer protection or similar legislation.

If the mobile application that you have purchased does not conform to any warranty applying to it, you may notify Apple or Google, which may refund the purchase price of the mobile application to you subject to then-current Platform Terms.

Subject to that, and to the maximum extent permitted by law, neither Apple nor Google give or enter into any warranty, condition or other term in relation to the mobile application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the mobile application or as a result of you or anyone else using the mobile application or relying on any of its content. Apple and Google shall be intended third-party beneficiaries of this section.

10. Accessibility

If you are a user with a disability, or an individual assisting a user with a disability, and have difficulty accessing or navigating our online services, please reach out to us by emailing sanmiwago298@gmail.com.

11. Miscellaneous.

Sanmiwago makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
These terms will be governed and interpreted pursuant to the laws of Illinois, notwithstanding any principles of conflicts of law.
Although these terms govern the online services as between Sanmiwago and you only (and neither Apple nor any other Members of the Sanmiwago System are parties to these terms), Apple and all other Members of the Sanmiwago System are third party beneficiaries under these terms and will have the right to enforce against you those rights that Sanmiwago holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Sanmiwago and other Members of the Sanmiwago System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”).
Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
If Sanmiwago fails to insist that you perform any of your obligations under these terms, or if Sanmiwago does not enforce its rights against you, or delays in doing so, that will not mean that Sanmiwago has waived its rights against you and will not mean that you do not have to comply with those obligations.
Sanmiwago may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Sanmiwago agrees in writing.

Sanmiwago Rewards Terms (USA)

Effective: October 31, 2024

In certain geographical areas, Sanmiwago makes available its Sanmiwago Rewards program (“Sanmiwago Rewards”, or the “program”). If you are within those geographical areas, the program may be displayed to you.

These Sanmiwago Rewards Terms (USA) (the “program terms”) apply only if you join the Sanmiwago Rewards program and participate in the program as part of your use of the online services. The program terms are intended to supplement (not change) the Terms and Conditions for Sanmiwago Online Services (USA) (the “online services terms”). When the word “terms” is used without any reference to the “program terms” or the “online services terms,” it is meant to encompass both sets of terms. All definitions used in the online services terms apply to these program terms.

You understand and acknowledge that you have already agreed to the online services terms when you registered and logged into your online services account. Although the program terms are intended to supplement and not to change the online services terms, in the event of a conflict between the program terms and online services terms that relates to the program itself, the program terms will control. In the event of any other conflict between the program terms and the online services terms, the online services terms will control.

Important: You understand and acknowledge that Sanmiwago Rewards is subject to the arbitration agreement, jury and class action waivers, limitations on Sanmiwago liability as set forth in Section 9, above, and other provisions that affect your legal rights regarding the online services, including the program as part of the online services. Please carefully read and understand these terms.

Eligibility and enrollment.

Sanmiwago Rewards is only open to you if you meet the age requirements for the online services. In order to join Sanmiwago Rewards, you must register an online services account. When you use the online services outside of the geographical area of the program, neither the program nor any points you accumulated in the program will be available to you.

How to earn points.

Once enrolled in the program, when you identify your online services account at the time of purchase, you will earn 1 points for every $1 U.S. dollar spent on qualifying purchases. You can identify your online services account at the time of purchase by any way that we recognize, such as: (a) making a purchase using the Mobile Order & Pay feature of the mobile app,

If you don’t properly identify your online services account before you complete your qualifying purchase, a manual adjustment can be made to add the points to your account for up to seven (7) days from the actual purchase date. As long as you ordered at a restaurant that participates in Sanmiwago Rewards, you can use your receipt from the restaurant to get missing points in the Sanmiwago app. Email your receipt and order details at sanmiwago298@gmail.com.

Qualifying purchases.

A “qualifying purchase” means using the online services to purchase eligible products from a participating restaurant in a manner that properly identifies you as described above. Qualifying purchases where an active reward, mobile offer, or promotional offer is redeemed will accrue points, but you will only accrue points for U.S. dollars actually spent in the transaction.

Further, the following are not considered qualifying purchases and will not accrue points: (a) taxes, bag and bottle fees, and other surcharges or fees, and (b) loading any money on a Sanmiwago Gift card, but when a Sanmiwago Gift card is used to make a qualifying purchase, you will accrue points.

Verifying your points balance.

You can check your points balance in your online services account using the Sanmiwago app. Points that you earn may not always immediately post to your account. You are responsible to ensure points from your qualifying purchases are correct.

If you believe points from your qualifying purchase were incorrectly calculated, you must notify Sanmiwago within six (6) months of the qualifying purchase by providing your receipt to Sanmiwago Customer Care. Sanmiwago has the sole discretion to determine points in your account and Sanmiwago has no liability for any delay or failure to correctly credit points to your account.

Your compliance with the terms.

Sanmiwago has the discretion to invalidate or void points from your online services account, or to suspend or terminate your account (both now and in the future), if Sanmiwago believes you improperly obtained points, abused the program or otherwise violated these terms. In that event, you forfeit any points you have accumulated (including properly obtained points) and you forfeit your right to earn points in the future. Sanmiwago has the sole discretion to determine your compliance with these terms. Sanmiwago determination is final.

No rights in points.

Points are not property and you have no vested right or interest in points. Points have no cash value. Points are not assignable or transferrable between online services accounts or otherwise, and points cannot be combined across accounts, regardless of who registered the account.

Changes to Sanmiwago Rewards.

Sanmiwago Rewards can change from time to time, so be sure to continue to refer to these terms for the latest details and news. We are also constantly improving the program and we may have exciting new offers.

Sanmiwago reserves the right, in its sole discretion, to cancel, change, modify or discontinue Sanmiwago Rewards, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, points accruing or accumulation ratio, the points redemption policy, the points expiration policy, or any other aspect of the program at any time, and such changes may affect points and rewards already in your account.

We will post any changes to the program terms to the online services so that you can review the current terms at any time. Sanmiwago may make changes to any element of the program to correct for typographical, printing or other errors and you waive any rights relating to same. Any changes will become effective immediately upon posting the revisions. At all times, you are solely responsible for remaining knowledgeable about and in compliance with these terms.

Miscellaneous.

All rewards offered via the program are subject to availability. Some participating restaurants do not sell all products offered as rewards. Images of products and packaging of rewards are examples only and may not be identical to the product or packaging you receive from a participating restaurant.

Sanmiwago Delivery Program Terms (USA)

Effective: October 31, 2024

In certain geographical areas, you can place a delivery order via the Sanmiwago mobile app (“delivery” or “delivery program”). If you are within those geographical areas, the delivery option may be displayed to you. You understand and agree the delivery program is considered part of the “online services” under the Terms and Conditions for Sanmiwago Online Services (USA) (the “online services terms”).

These Sanmiwago delivery program Terms (USA) (the “delivery program terms”) apply only if you participate in the delivery program. The delivery program terms are intended to supplement (not change) the online services terms.

Important: You understand and acknowledge that the terms contain an arbitration agreement, jury and class action waivers, limitations on Sanmiwago liability and other provisions that affect your legal rights regarding delivery program. Please carefully read and understand these terms.

Placing orders for delivery

This section applies to any delivery orders you place in the delivery program. Please read this section before you place any delivery orders. Please note that delivery may not be available in all geographic areas or through all online services that Sanmiwago provides.

The purpose of the delivery program is to provide customers with a convenient way to place an order for products through the Sanmiwago mobile app for delivery. To participate in the delivery program, you will need to enter your address, name, and phone number, and Sanmiwago will share the information you enter with the third-party delivery provider assigned to your order, and such information will be subject to Sanmiwago Privacy Statement and/or the third-party delivery provider’s privacy policy, if applicable.

You will not be able to choose the restaurant or the third-party delivery provider, as each will be pre-determined for you based on a number of different factors, including the delivery address.

Eligibility and Enrollment

You must register an online services account in order to use delivery. Before you submit an order for delivery, you must register a credit card or debit card (either one, a “payment card”) to be associated with your online services account, or use another payment method that Sanmiwago supports to use with your orders.

Registering your payment method

For payment cards that you register to use with the online services, Sanmiwago and the restaurants use third party payment services providers to securely store your payment card information and process your payments to restaurants and third-party delivery providers.

You understand and agree that, when you register a payment card, Sanmiwago or its third-party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value temporary charge. You also understand and agree that when you use the delivery program to make a purchase from a restaurant, that restaurant will be the merchant of record. You do not make your purchase until you select ‘Place Order’, and your payment method will be charged upon selecting ‘Place Order’.

You represent and warrant that you are of sufficient age and have all legal rights to use all payment methods you register. When you select ‘Place Order’ you authorize the restaurant to process your order total, which includes other applicable fees.

The restaurant’s payment service provider will process your order total amount (and if updated with a tip, your updated order total amount) to the payment method you selected when you built your order. You own the products after they have been delivered to you by the third-party delivery provider.

Third party delivery provider responsibilities

Sanmiwago and the restaurants use third-party delivery providers for the delivery program. You acknowledge and agree that the third-party delivery provider is responsible for collecting the delivery order, providing the delivery services, and providing customer support for delivery orders, refunds, and complaints.

About the prices for delivery

Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. Prices for items for delivery orders may be higher than the prices for the same items for pick up. Certain offers and pricing may not be available for all orders at all locations. Item prices may be different if you switch restaurants or change how you’re getting your order. Updated order totals can result from the unavailability of certain products, changes in price, or other reasons. Delivery orders are subject to a delivery fee, service fee (calculated from pre-discounted subtotal), small order fee, and sales tax.

Cancelling your order, refunds and your consumer rights

You have the ability to update or abandon your order at any time prior to selecting ‘Place Order’. If you would like to attempt to cancel your order after placing your order or you would like to seek a refund for any reason, or if you have any other questions about your order, please connect with the third-party delivery provider’s customer support service using the link at the bottom of the app screen. Your legal rights in this respect are not affected by anything in these terms.

Earning and redeeming Sanmiwago Rewards on delivery orders

You can earn points and redeem rewards on eligible delivery orders if you join the Sanmiwago Rewards program. The following are not considered qualifying purchases for delivery orders and will not accrue points: sales tax, delivery fee, service fee, small order fee, and delivery tip. If you cancel your order before a driver is assigned, you will not earn any points and any rewards redeemed will be returned as an active reward.