WELC Executive Nihongo Solutions
Terms of Service
WELC Language Services (hereinafter referred to as "Party A") establishes the following Terms of Service (hereinafter referred to as "Terms") regarding the use of online Japanese language education services (hereinafter referred to as "Service") provided through "WELC Executive Nihongo Solutions" operated by Party A. Applicants and users of the Service (hereinafter referred to as "Party B") shall use the Service in accordance with these Terms and the Privacy Policy separately established by Party A.
Article 1 (Scope of Application)
1. The scope of these Terms includes not only Party A's website (hereinafter referred to as "Site") but also content and information transmitted by Party A to Party B through various means including email.
2. In cases where separate terms (hereinafter referred to as "Individual Contract") are established between Party A and Party B, the provisions of the Individual Contract shall take precedence.
Article 2 (Service Registration)
1. Party B shall register for the Service through means specified by Party A. In registering for the Service, Party B agrees to and shall comply with the following:
(1) Use of Google Meet for online lessons and individual consultations
(2) Maintaining communication environment suitable for using the Service
(3) Payment of usage fees according to payment methods and procedures specified by Party A
(4) Consent to the handling of personal information as stipulated in Article 3
2. Registration for the Service shall be completed upon notification of acceptance by Party A via email. However, Party A may restrict the use of the Service until confirming payment from Party B.
3. Party A may refuse registration applications or cancel completed registrations if Party B falls under any of the following:
(1) Does not exist or is suspected of not existing
(2) Registration contains false information, errors, or omissions
(3) Has previously had registration canceled by Party A
(4) Credit card or other payment service specified during registration is unusable
(5) Other cases deemed inappropriate by Party A
Article 3 (Handling of Registration Information)
1. Party A shall use Party B's registration information for the following purposes:
(1) Provision, operation, and improvement of the Service
(2) Management of lesson reservations, changes, and cancellations
(3) Customization and optimization of lesson content
(4) Billing and payment processing
(5) Sending notifications and announcements related to the Service
(6) Providing customer support
(7) Creation of statistical data related to the Service (limited to forms that cannot identify individuals)
2. Party A shall appropriately manage Party B's personal information in accordance with laws, guidelines, etc., regarding personal information protection, based on the following policies:
(1) Implementation of appropriate security measures to prevent unauthorized access, loss, destruction, falsification, leakage, etc., of personal information
(2) When outsourcing personal information handling, establishing selection criteria for contractors and conducting necessary and appropriate supervision
(3) Not providing personal information to third parties without consent of the individual, except as required by law
(4) Developing internal regulations regarding personal information handling and conducting employee education and training
3. Party A shall not disclose Party B's registration information to third parties without prior consent from Party B, except in the following cases:
(1) When disclosure is required by law
(2) When disclosure is requested by public institutions
(3) When providing information to third parties commissioned to provide part of the Service
4. Party B shall strictly manage registered information.
5. Party B shall bear responsibility for any damages arising from forgetting, losing, or inadequately managing registration information, and Party A shall bear no responsibility.
6. Party B may request disclosure, correction, deletion, or suspension of use of their personal information. Such requests shall follow procedures established by Party A.
7. Regarding matters concerning handling of registration information not specified in these Terms, Party A shall follow its Privacy Policy.
Article 4 (Changes to Registration Information)
Party B shall promptly notify Party A via email of any changes to registration information. Party A shall bear no responsibility for any disadvantages or other burdens incurred by Party B due to failure to report changes in registration information.
Article 5 (Prohibited Actions)
1. Party B shall not engage in or attempt to engage in the following actions when using the Service:
(1) Transfer, use, buy, sell, change names, establish security interests in, or provide as collateral the right to use the Service
(2) Infringe upon Party A's honor, credit, copyright, patent rights, utility model rights, design rights, trademark rights, portrait rights, or privacy
(3) Illegal acts or acts contrary to public order and morals
(4) Acts that interfere with Service operations
(5) Use of the Service for business activities, commercial purposes, or preparation thereof
(6) Soliciting or encouraging illegal acts from Service instructors
(7) Acts causing economic or psychological damage or disadvantage to Service instructors
(8) Criminal acts or acts connected to criminal activity
(9) Harassment of instructors or disruptive behavior that interferes with lesson progress. The determination of harassment shall be made by Party A after fact-finding
(10) Probing instructors for confidential information not generally disclosed by Party A
(11) Recording, saving, reproducing all or part of the Service by any means or method, including taking screenshots, except with prior written permission from Party A
(12) Soliciting instructors for religious, political, or multilevel marketing activities
(13) Using abusive language, threats, obscene expressions, discriminatory acts, or interfering with operations toward Party A or instructors
(14) Other acts deemed inappropriate by Party A
2. If Party B engages in any of the above actions, Party A may cancel Party B's registration and, if Party A suffers any damages, take legal action including claiming compensation.
Article 6 (Service Regulations)
1. Party B shall provide their own computer, internet environment, headset, and webcam (optional) necessary for taking lessons and individual consultations.
2. Fees paid by Party B to Party A shall not be refunded for any reason.
3. Each lesson shall be 55 minutes long. Unless otherwise specified, lesson duration shall not be changed or interrupted under any circumstances.
4. Lesson cancellations and rescheduling shall be governed by the following:
(1) Party B may reschedule a lesson to another time agreed upon by Party A if cancellation is made at least 24 hours before the scheduled lesson start time. There is no limit to the number of cancellations.
(2) If cancelled less than 1 hour before the lesson start time, the lesson shall be considered used and cannot be rescheduled.
(3) Rescheduled lessons must be conducted within the course contract period specified in Article 6, Paragraph 10. Any rescheduled lessons not completed by the end of the contract period shall expire, and Party B's right to take these lessons shall be terminated.
(4) Rescheduled lessons shall be arranged at times mutually convenient for both Party A and Party B, and may not necessarily be available at times preferred by Party B.
(5) Rescheduled lessons may be further rescheduled according to the provisions of (1) in this paragraph.
5. If Party A cancels a lesson due to their circumstances (such as instructor's communication device issues or health conditions), the lesson shall be rescheduled to another time agreed upon by Party B.
6. If a lesson is interrupted for more than 5 minutes after its start due to Party A's circumstances (such as communication issues or health conditions), Party B shall be granted one additional lesson. No refunds shall be provided for lesson interruptions due to Party B's circumstances.
7. If Party B fails to start the lesson within 10 minutes of the scheduled start time, regardless of whether they respond to inquiries from Party A (via email, etc.), Party A may consider Party B absent and end the lesson.
8. Lessons shall be conducted at the same day and time each week as agreed upon at the start of the course. However, the day and time may be changed at any time through mutual agreement, regardless of which party initiates the request.
9. Lesson reservations for the next session shall be considered confirmed when Party B receives the lesson report email from Party A containing the next lesson's date and time.
10. Course contract periods vary depending on the number of lessons included, and lesson schedules must be arranged to complete all lessons within the specified period as agreed upon between Party A and Party B. Party B's right to take any lessons not completed within the contract period shall be forfeited.
11. Party A may outsource parts of Service-related operations as necessary.
12. Party B agrees in advance that Party A may use comments written by Party B about the Service and lessons for promotional and advertising purposes, including posting on the Site.
13. Party A shall bear no responsibility for non-delivery of emails due to Party B's incorrect email address registration, errors, or failure to manage spam settings or reception settings.
14. Regarding third-party attendance and participation in lessons:
(1) Party B must obtain prior approval from Party A to have a third party attend lessons
(2) If a third party attends without approval, Party A may immediately terminate the lesson, and such lesson shall be considered completed
(3) Even approved third parties may not participate in lessons (speaking, asking questions, etc.) unless specially permitted by Party A
(4) Party B shall ensure third parties comply with these Terms and shall bear full responsibility for their actions
(5) Attendance of minor children is permitted without prior approval as long as it does not interfere with the lesson. However, Party B shall be responsible for managing the minor's behavior
Article 7 (Fees and Payment)
1. Party B shall pay fees set by Party A using specified payment methods. Fees are established for each course and consultation service and must be paid in advance.
2. Party A accepts payments through designated payment services such as PayPal. Party B shall be deemed to have agreed to these Terms upon completing payment through the designated payment service.
3. Payment transactions are also subject to the terms of service of each payment service provider. Please refer to each payment service provider's terms for details.
4. Party A may revise fees due to changes in economic conditions, service content, or other circumstances.
5. When revising fees, Party A shall notify Party B via email and post notice on the Site at least one month before the revision date.
6. Fee revisions shall not apply to already paid fees and shall apply only to new course contracts and renewals starting from the revision date.
7. If Party B does not accept the fee revision, they may terminate Service use by notifying Party A before the revision date. In such cases, refunds for unused lessons shall be handled according to Article 9, Paragraph 2.
Article 8 (Service Completion)
1. Upon completion of all contracted services, Party B shall lose all rights related to the Service and may not make any claims against Party A.
2. Party B shall bear all legal responsibility for any damages caused to Party A or third parties due to their actions related to the Service, even after service completion.
Article 9 (Service Changes, Interruption, or Termination)
1. Party A may change, interrupt, or terminate the Service by notifying Party B's registered email address in advance. Additionally, Party A may interrupt the Service without notice in the following unavoidable circumstances:
(1) Significant changes in domestic or international political/social conditions, war, terrorism, riots, revolution, or social unrest
(2) Natural disasters such as earthquakes, tsunamis, typhoons, floods
(3) Public health emergencies such as disease outbreaks or pandemics
(4) Major system or communication failures of internet service providers, cloud service providers, or telecommunications carriers
(5) Security threats such as cyber attacks, computer viruses, or unauthorized access
(6) Power outages or other major infrastructure failures
(7) Sudden termination or breach of contracts with third parties necessary for Service provision
(8) Service restrictions due to legislation, administrative guidance, or court orders
(9) Other serious circumstances comparable to the above where Party A determines Service continuation is significantly difficult
2. If Service is interrupted or terminated due to Party A's own circumstances, Party A shall refund the full amount corresponding to unused lessons and services to Party B.
3. Party A shall not be liable for any disadvantages or damages suffered by Party B or third parties due to Service changes, interruption, or termination beyond the refund compensation specified in the preceding paragraph.
Article 10 (Information Distribution)
Party A may distribute notifications, advertisements, and surveys to Party B via email.
Article 11 (Use of Skype/Zoom as Alternative Platforms)
Lessons and individual consultations are conducted using Google Meet. Under unavoidable circumstances, Skype/Zoom services may be used as alternative means. Party B agrees to the following regarding the use of Skype/Zoom:
1. Comply with all terms and guidelines presented by Skype/Zoom
2. Download and install Skype and confirm its functions before using the Service (if using Skype)
3. Take full responsibility and bear all costs for downloading, installing, configuring, and using Skype/Zoom
4. Acknowledge that Party A bears no responsibility for Skype/Zoom functional issues occurring after lesson start
5. Take full responsibility when receiving files through Skype/Zoom chat functions or opening URLs outside the Site
6. Acknowledge that Party A has no obligation to handle inquiries about Skype/Zoom services
7. Install the version of Skype/Zoom recommended by Party A
8. Use only registered Skype names for the Service; Party A shall not compensate for lesson failures or other damages caused by using unregistered Skype names (if using Skype)
Article 12 (Liability for Damages)
1. If Party B violates these Terms, they shall compensate for damages at their own responsibility and expense.
2. The maximum amount of compensation for damages that Party B can claim against Party A for Service defects or deficiencies shall not exceed the amount of usage fees paid by Party B to Party A.
Article 13 (Copyright and Ownership)
1. All copyrights and ownership rights to trademarks, logos, descriptions, and content related to the Service belong to Party A. Party B shall not use such trademarks, etc., reprint them in magazines or other websites, modify them, reproduce them, or distribute them to third parties without prior express consent from Party A.
2. If Party B violates the preceding paragraph, Party A may take legal action (including warnings, criminal complaints, damage claims, injunctions, reputation recovery measures) based on copyright law, trademark law, etc.
Article 14 (Disclaimer)
Party B agrees in advance that Party A shall not be liable for any damages arising from or related to the following:
(1) When the Service cannot be reserved or used at a specific time desired by Party B
(2) The learning effects, effectiveness, accuracy, truthfulness, etc. of the Service
(3) The effectiveness, safety, and accuracy of services or teaching materials from other companies introduced or recommended by Party A in relation to the Service
(4) Use of the Service outside the recommended usage environment
(5) When the Service cannot be used due to malfunctions or issues with Google Meet, Skype, Zoom, or services provided by Party A's partner companies
(6) Damages such as virus infections caused by files received or opened at Party B's own risk as per Article 10, Paragraph 5 of these Terms
(7) When the Service cannot be used due to loss or inability to use passwords, etc. due to Party B's negligence
(8) The content or use of third-party websites linked from the Service not operated by Party A
(9) Troubles that occur between Party B and teachers regarding matters unrelated to lessons
Article 15 (Time Display in the Service)
All times in the Service, including lesson times, course expiration dates, payment due dates, and deadlines for various applications, shall be displayed in Japan Standard Time (GMT+9:00).
Article 16 (Changes to the Terms of Service)
Party A may revise these Terms without notifying Party B. The revised Terms shall be applied from the time they are posted on the Service, and Party B is deemed to have agreed to the revised Terms in advance.
Article 17 (Language)
1. Party B shall use either Japanese or English when making inquiries or asking questions to Party A. Party A will not respond to inquiries or questions in languages other than Japanese or English, and Party B agrees in advance that Party A shall not be liable for any damages arising from or related to this.
2. These Terms are prepared in Japanese and English. In case of any discrepancy between the Japanese version and versions in other languages, the Japanese version shall prevail. Party B agrees to and acknowledges this in advance.
Article 18 (Governing Law and Exclusive Jurisdiction)
These Terms shall be interpreted in accordance with the laws of Japan. Furthermore, Party A and Party B agree in advance that the court having jurisdiction over the location of Party A's head office shall have exclusive jurisdiction in the first instance over any disputes arising from or related to the Service or these Terms between Party A and Party B.
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