O-kizushi Card Terms and Conditions 

Last Updated: 16 July 2015 

1. General Terms

The following terms and conditions apply to the account of your O-kizushi Card. By purchasing or using your O-kizushi Card, you agree to the terms of this agreement (the “Agreement”). This Agreement is between you (“Cardholder”) and Pinto International, Inc. a Guam corporation doing business as O-kizushi (“O-kizushi”). 

All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. 

2. Redemption

The O-kizushi Card is issued to Cardholder by O-kizushi. It allows Cardholder to load a dollar value onto the O-kizushi Card as a prepayment redeemable only for future purchases at participating O-kizushi restaurants. It is not a credit or debit card, has no cash value, and may not be redeemed for cash, except as required by law, or as provided in Sections 8, 10, or 11 of this Agreement. No interest, dividends, or any other earnings on funds deposited to an O-kizushi Card will accrue or be paid or credited to Cardholder by O-kizushi. An O-kizushi Card will be void if altered or defaced. 

3. Loading and Reloading

Cardholder can reload the card at participating O-kizushi restaurants. 

4. Limitations

The maximum value that can be associated with any one O-kizushi Card is fifty US dollars (US$50.00) and the minimum value that must be loaded onto the card is ten US dollars (US$10.00). O-kizushi may change the maximum and minimum amounts at any time by notifying Cardholder at the point of sale or on the O-kizushi website. Such change shall not constitute an amendment to this Agreement. Cardholder may not use an O-kizushi Card to purchase other O-kizushi Cards. 

5. No Fees or Expiration Date

O-Kizushi does not charge any service, inactivity, dormancy, or any other fees for the activation or use of Cardholder’s O-kizushi Card. The O-kizushi Card has no expiration date. 

6. Review Balance; Receipts

Cardholder can check the balance of their O-kizushi Card at participating O-kizushi restaurants. The account balance for an O-kizushi Card also will appear on Cardholder’s receipt from a point-of-sale register. Cardholders are encouraged to keep all receipts and check their balance to ensure that the account balance is correct. 

7. Account Errors; Corrections

O-kizushi reserves the right to correct the balance of any O-kizushi Card account if O-kizushi believes that an accounting error occurred. In addition to the other liability limitation provisions of this Agreement, O-kizushi shall have no liability for any accounting error unless Cardholder provides O-kizushi notice within 60 days of the date of the transaction in question. Cardholder should monitor O-kizushi Card transactions and account balances closely. 

8. Lost or Stolen Cards; Risk of Loss on Cardholder

Ownership and risk of loss of an O-kizushi Card passes to the Cardholder upon purchase or receipt. O-kizushi is not responsible for lost or stolen cards. Lost, damaged, or stolen cards will not be replaced unless Cardholder presents the original purchase receipt or, if reloaded, the most recent reload receipt, and replacement will be equal to the balance remaining on Cardholder’s O-kizushi Card account less any amounts that Cardholder may owe O-kizushi. 

9. Privacy Statement

Information that Cardholder provides when purchasing an O-kizushi Card is subject to O-kizushi’s Privacy Policy. By purchasing or using an O-kizushi Card, Cardholder agrees to the terms of the Privacy Policy. 

10. Right to Change Terms and Conditions

O-kizushi reserves the right to change these terms and conditions from time to time in its discretion, including any rights or obligations Cardholder or O-kizushi may have. O-kizushi will provide notice to Cardholder of updated terms by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.o-kizushi.com/termsandconditions. 

As permitted by applicable law, any change, addition, or deletion will become effective at the time O-kizushi posts the revised Agreement to its website or as otherwise stated in O-kizushi’s notice to Cardholder. Unless stated otherwise, the change, addition or deletion will apply to Cardholder’s future and existing O-kizushi Cards. Cardholder’s use of the O-kizushi Card after O-kizushi has posted the updated terms constitutes Cardholder’s agreement to the updated terms. If the changed terms are not acceptable to an existing Cardholder then the Cardholder may request a refund of the balance held on Cardholder’s O-kizushi Card account, less any amounts that Cardholder may owe O-kizushi. 

11. Right to Cancel Card

O-kizushi may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to Cardholder at any time without notice and without liability, subject to the following provisions. Termination of the O-kizushi Card may result if O-kizushi suspects a Cardholder’s fraudulent or unauthorized use of the O-kizushi Card. If O-kizushi terminates this Agreement without cause, O-kizushi will refund or issue store credits equal to the balance held on Cardholder’s O-kizushi Card account less any amounts that Cardholder may owe O-kizushi. If O-kizushi terminates Cardholder’s card for fraud or unauthorized use, Cardholder will receive no refund or store credits. If a Service Member (as defined as a member of the following organizations, “Armed Forces,” Uniformed Services,” “Military Departments,” or “Defense Agency,” in 10 U.S.C. Section 101), or a Service Member’s Dependent (as defined in 10 U.S.C. Section 1072) is a Cardholder and the Service Member receives, and provides proof to O-kizushi of, a permanent change of station order, O-kizushi will, at the request of Cardholder, refund the balance held on Cardholder’s O-kizushi Card account less any amounts that Cardholder may owe O-kizushi. 

12. Arbitration

A. Rights

Please read this section carefully. It affects rights that Cardholder may otherwise have. It provides for resolution of most disputes through arbitration, which is final and binding, instead of court trials and class actions. The arbitration provisions are intended to be interpreted broadly to encompass all disputes or claims arising out of the relationship between Cardholder and O-kizushi. This arbitration clause shall survive termination of this Agreement. 

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both. 

B. Binding Arbitration

Any dispute or claim made by Cardholder against O-kizushi (or against any subsidiary, parent, or affiliate companies) arising out of or relating to this Agreement or Cardholder’s use of the O-kizushi Card, regardless of the legal theory and date of accrual of any dispute, will be resolved by individual binding arbitration. All arbitration under this Agreement will take place on an individual basis. All parties waive any right to pursue claims in arbitration on a class, collective, mass, or representative basis. 

C. Arbitration Procedures

Prior to initiating any arbitration Cardholder agrees to attempt to resolve any dispute with O-kizushi Customer Services. Cardholder may request arbitration if Cardholder’s claim or dispute cannot be resolved within 60 days from the first presentation of Cardholder’s claim or dispute to customer services. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by this Agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA at 1-800-778-7879 or online at adr.org. Both parties agree that this Agreement evidences a transaction in interstate commerce, and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. 

To begin an arbitration proceeding, Cardholder must send a letter requesting arbitration and describing Cardholder’s claim to our registered agent: 

Solutions, Inc., 1220 South Street, Suite 150, Sacramento, CA 95811 

Unless Cardholder and O-kizushi agree otherwise, any arbitration will take place in Stockton, California and will be conducted in the English language. Cardholder may choose to have the arbitration conducted by telephone or based on written submissions. 

All administrative fees and expenses of an arbitration will be divided equally between Cardholder and O-kizushi, except that for claims of less than $1,000, Cardholder will be obligated to pay $25 and O-kizushi will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration. 

D. Confidentiality

Any arbitration shall be confidential, and neither Cardholder nor O-kizushi may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. 

13. Wavier or Punitive Damage Claims and Class Action

For all claims, even claims that may be taken to court, Cardholder and O-kizushi both waive any claims for punitive damages and any right to pursue claims on a class or representative basis. 

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. 

15. Disclaimer and Limits of Liability

O-KIZUSHI AND ITS AFFILIATES MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE O-KIZUSHI CARD, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 

IN THE EVENT THAT AN O-KIZUSHI CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND O-KIZUSHI’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH O-KIZUSHI CARD WITH CREDIT FOR THE BALANCE AS SHOWN ON THE RECORDS OF O-KIZUSHI. UNLESS PROHIBITED BY LAW, CARDHOLDER AND O-KIZUSHI AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES AND THAT NEITHER CARDHOLDER NOR O-KIZUSHI WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. CARDHOLDER AGREES THAT IN THE EVENT O-KIZUSHI IS FOUND LIABLE, ANY SUCH DAMAGES SHALL NOT EXCEED THE ORIGINAL BALANCE CREDITED TO CARDHOLDER’S O-KIZUSHI CARD. 

IN NO EVENT SHALL O-KIZUSHI HAVE ANY LIABILITY AS A RESULT OF UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF AN O-KIZUSHI CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY CARDHOLDER OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND O-KIZUSHI’S CONTROL. 

O-KIZUSHI’S FAILURE TO EXERCISE OR DELAY IN EXERCISING ANY RIGHT, POWER, OR PRIVILEGE UNDER THIS AGREEMENT SHALL NOT OPERATE AS A WAIVER; NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY RIGHT, POWER, OR PRIVILEGE PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF. 

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to Cardholder, and Cardholder may have rights in addition to those contained in this Agreement. In such jurisdiction, O-kizushi’s liability is limited to the greatest extent permitted by law. 

16. Assignment

O-kizushi may assign all or part of this Agreement without such assignment being considered a change to the Agreement, and without notice to Cardholder. O-kizushi is then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this Agreement. 

17. Integration Clause

This Agreement is the complete and exclusive statement of Agreement between Cardholder and O-kizushi, and supersedes and merges all prior proposals and all other agreements. Headings herein are for convenience of reference only and shall in no way affect interpretation of this Agreement. 

18. Questions

If you have any questions regarding this Agreement, please contact us at customer.service@o-kizushi.com.