Terms of Service
Terms of Service
The original and authoritative version of these Terms of Service is written in Japanese. This translation is provided for reference purposes only. In the event of any discrepancy or conflict between this translation and the Japanese original, the Japanese version shall prevail.
These Terms of Use (hereinafter referred to as "these Terms") set forth the matters to be observed by Members and the rights and obligations between ELT SCHOOL OF ENGLISH LIMITED (domestic agent in Japan: ELT Education Inc. (株式会社ELTエデュケーション); hereinafter referred to as "the Company") and Members in connection with the use of the online English conversation service operated and provided by the Company. All persons intending to use the Service are requested to read these Terms in their entirety before agreeing to them.
Article 1 (Application)
- These Terms are intended to define the rights and obligations between the Company and Members (as defined in Article 2) with respect to the use of the Service (as defined in Article 2), and shall apply to all matters relating to the use of the Service between Members and the Company.
- Any rules, regulations, and other provisions relating to the Service that the Company may post from time to time on the Company Website (as defined in Article 2) shall constitute a part of these Terms.
Article 2 (Definitions)
The following terms used in these Terms shall have the meanings set forth below.
- "External Service" means any service designated by the Company that is provided by a third-party operator, such as Skype, Zoom, or other services, which has functions including Member authentication and publication of content within such external network, and which is used in the provision of the Service.
- "External Service Provider" means the provider of an External Service.
- "External Terms of Use" means the terms and conditions governing the rights between a Member and an External Service Provider.
- "Intellectual Property Rights" means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or to file applications for registration thereof).
- "Company Website" means the website operated by the Company whose domain is "eltschool.jp" (including, regardless of the reason, any successor website in the event that the domain or content of the Company's website is changed).
- "Applicant" means an "Applicant" as defined in Article 3.
- "Member Information" means "Member Information" as defined in Article 3.
- "Member" means an individual who has been enrolled as a user of the Service pursuant to Article 3.
- "Course" means a classification established according to payment method, consisting of two types: the "Monthly Course" and the "Lump-Sum Course."
- "Plan" means a classification established according to the number of lessons for each Course; for example, under the Monthly Course, a "2 Lessons per Month Plan" providing two lessons per month, or under the Lump-Sum Course, an "Exam Preparation Intensive Plan" providing intensive lessons in the period immediately before an examination. However, Plans are not limited to the foregoing.
- "Service" means the online English conversation service operated and provided by the Company as an agent.
- "Pricing Plan" means the pricing structure for Plans separately determined by the Company.
- "Cancellation" means the cancellation of a lesson reservation, excluding the cancellation of scheduled lessons in connection with withdrawal from membership.
- "Service Agreement" means the "Service Agreement" as defined in Article 3, Paragraph 4.
Article 3 (Enrollment)
- Any person wishing to use the Service (hereinafter referred to as an "Applicant") may apply to the Company for enrollment in the Service by agreeing to comply with these Terms and providing the Company with certain information designated by the Company (hereinafter referred to as "Member Information") in the manner prescribed by the Company.
- An application for enrollment must be made by the individual who will use the Service, and enrollment by proxy shall not be permitted in principle; provided, however, that persons falling under Item 4 of the following paragraph shall be excluded from this requirement. Furthermore, an Applicant must provide the Company with truthful, accurate, and current Member Information at the time of application.
- The Company may refuse enrollment if an Applicant falls under any of the following:
- Where the Company determines that there is a risk of violation of these Terms
- Where any or all of the Member Information provided to the Company is found to be false, erroneous, or incomplete
- Where the applicant has previously been withdrawn pursuant to Article 10, Paragraph 3
- Where the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent or equivalent approval of a legal representative, guardian, curator, or assistant
- Where the Company determines that the applicant is an anti-social force (meaning organized crime groups, members of organized crime groups, quasi-members of organized crime groups, persons for whom less than five years have elapsed since ceasing to be a member or quasi-member of an organized crime group, enterprises related to organized crime groups, corporate racketeers, groups purporting to engage in social movements, special intelligence violence groups, or other groups or individuals that pursue economic gain through the use of violence, threats, or fraudulent methods; the same shall apply hereinafter), or that the applicant is involved in any interaction or association with anti-social forces, including by providing funding or other support for the maintenance, operation, or management of anti-social forces
- Where the Company reasonably determines that enrollment is otherwise inappropriate
- The Company shall determine whether to approve the enrollment of an Applicant in accordance with the preceding paragraph and other criteria established by the Company, and shall notify the Applicant if enrollment is approved. Such notification shall complete the enrollment process, and a contract for the use of the Service in accordance with the provisions of these Terms (hereinafter referred to as the "Service Agreement") shall be established between the Member and the Company.
- In the event of any change to Member Information, the Member shall promptly notify the Company of such change in the manner prescribed by the Company and submit any documents requested by the Company.
Article 4 (Use of the Service)
- A Member may commence use of the Service from the date on which the Company confirms the initial payment of the usage fees prescribed in the following Article, after selecting a Plan.
- A Member may use the Service in accordance with these Terms and in the manner prescribed by the Company (including, but not limited to, the use of External Services).
- The Company may record, audio-record, and video-record a Member's use of the Service (including, but not limited to, lessons, counseling sessions, and inquiry details) and may store such data.
- If a Member completes withdrawal procedures within eight (8) days from the completion of the enrollment procedures prescribed in Article 3, Paragraph 4 in the manner prescribed by the Company and expresses to the Company an intention to request a refund, the Company shall refund to the Member the usage fees paid by the Member less a refund processing fee of 1,000 yen (inclusive of bank transfer fees). However, if the Member has already attended any lessons, the Company shall not refund the amount obtained by multiplying the per-lesson fee by the number of lessons already attended.
Article 5 (Fees and Payment Methods)
- The Member shall pay the usage fees for the current month in accordance with the Pricing Plan by the payment due date separately determined by the Company, using the method designated by the Company (including, but not limited to, payment services, direct debit, and bank transfer). Bank transfer fees and other expenses necessary for payment shall be borne by the Member.
- Notwithstanding the preceding paragraph, the initial usage fee shall be paid for one month's worth of lessons using the method designated by the Company. If the number of lessons in the first month of commencement is less than one full month's worth, the difference shall be applied to the usage fee for the following month, and the payment amount for the following month shall be adjusted accordingly. Payment of usage fees from the third month onward shall be in accordance with the preceding paragraph.
- In the event that a Member changes the Pricing Plan or other plans and a difference in the Pricing Plan arises, the Company shall make adjustments by such methods as separately determined by the Company, including billing for the difference, providing a refund, or granting additional lessons.
- If a Member selects an intensive short-term Plan, the Member shall pay the usage fees in accordance with the Pricing Plan in a lump sum by the payment due date separately determined by the Company, using the method designated by the Company (including, but not limited to, payment services, direct debit, and bank transfer). Bank transfer fees and other expenses necessary for payment shall be borne by the Member.
Article 6 (Lessons)
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Lessons shall be conducted in accordance with the Plan selected by the Member and shall be conducted between the instructor and the Member based on the content prescribed by the Company (including, but not limited to, the use of textbooks designated by the Company). With respect to the lesson schedule (lesson days, start and end times, etc.), the Member shall determine the schedule in advance notwithstanding the Plan details set forth in the Schedule, and shall submit the lesson schedule for the following month by the 15th of the current month.
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If, at the scheduled start time of a lesson, the Member does not respond to a contact attempt made by the instructor assigned to the lesson (hereinafter referred to as the "Assigned Instructor") through the method prescribed by the Company (including, but not limited to, External Services), or if the Company determines that the Member is not attending the lesson, such as by failing to respond to contact attempts for a period of twenty (20) minutes, the Company may deem the Member to have been absent from the lesson and may terminate such lesson. In such cases, there shall be no extension of lesson time, refund of fees, rescheduling of the lesson, or other compensation for the cancelled lesson.
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If a Member is late for the scheduled start time of a lesson, or if a connection failure or similar issue occurs on the Member's side at or after the scheduled start time and the Member is unable to attend all or part of such lesson, the Company shall not provide any extension of lesson time, refund of fees, rescheduling of the lesson, or other compensation for the time the Member was unable to attend.
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A Member wishing to cancel a scheduled lesson must complete the cancellation procedure through the method prescribed by the Company no later than twenty-four (24) hours before the scheduled start time of such lesson.
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A Member may change the Plan or Assigned Instructor by the 15th of the month preceding the month in which the lessons are to be taken.
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In the event that the Assigned Instructor is to be changed, the Company shall, in principle, notify the Member by the method prescribed by the Company no later than one (1) month before such change.
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If a Member fails to pay the usage fees prescribed in Article 5 by the payment date designated by the Company and fails to make payment in response to the Company's demand within one (1) week from such payment date, the Company may suspend the Member's attendance of lessons.
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If a Member completes the cancellation procedure through the method prescribed by the Company no later than twenty-four (24) hours before the scheduled start time of a lesson (excluding cancellations due to the Company's circumstances, the instructor's circumstances, or public holidays in the United Kingdom of Great Britain and Northern Ireland), the Member may attend a rescheduled lesson on a date within thirty (30) days from the originally scheduled date of the cancelled lesson, subject to the maximum number of rescheduled lessons set forth below. The maximum number of rescheduled lessons set forth below may be changed upon prior notice to the Member.
Number of lessons scheduled for the current month (excluding rescheduled lessons) Maximum number of rescheduled lessons 1 to 3 1 4 to 7 2 8 to 11 3 12 or more 4 -
In the event that a Member cancels a lesson for personal reasons and the rescheduling of such lesson prescribed in the preceding paragraph cannot be completed within thirty (30) days from the cancellation date due to scheduling difficulties between the Member and the Company or the instructor, the cancelled lesson shall not be eligible for further rescheduling, and no refund of lesson fees shall be provided.
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In the event that a lesson is cancelled due to the circumstances of the instructor or the Company, the Company shall refund the lesson fee for such cancelled lesson or reschedule the lesson. The refund amount shall be calculated based on the per-lesson unit price corresponding to the contracted Plan. Rescheduled lessons shall take place on a date within sixty (60) days from the originally scheduled date of the cancelled lesson, and the number of such rescheduled lessons shall not be counted toward the maximum set forth in Paragraph 8 of this Article.
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In the event that a lesson is cancelled due to the circumstances of the Company or the instructor, any foreign exchange loss arising from exchange rate fluctuations between the time of payment of the usage fee and the time of refund shall be borne by the Member.
Article 7 (Counseling)
- The Member may use the Service through any of the following communication methods. However, the Member acknowledges that one or more of these communication methods may be unavailable due to the instructor's communication environment or other factors.
- Online counseling is a service included with the Plan, and the Member is granted the right to receive one counseling session during a period separately determined by the Company. The Member may receive online counseling with a person designated by the Company to conduct counseling (hereinafter referred to as a "Counselor") by exercising such granted right or by purchasing the right in the manner prescribed by the Company.
- A Member may receive the counseling described in the preceding paragraph by making a reservation in the manner prescribed by the Company. The Member shall submit the topics for the online counseling session in advance, and in the event of any change to the submitted topics, the Member shall notify the Company by the time prescribed by the Company.
- A Member wishing to cancel an online counseling session must complete the cancellation procedure by the method and time prescribed by the Company.
- The Company may cancel a counseling session in the event that unavoidable circumstances prevent the counseling from being conducted.
- If, at the scheduled start time of an online counseling session, the Member does not respond to a contact attempt made by the Counselor through the method prescribed by the Company (including, but not limited to, External Services), or if the Member is not in attendance at the online counseling session, the Company may deem the Member to have been absent and may terminate such counseling session.
- The right to receive online counseling held by a Member shall expire in the following cases, and no refund or other compensation shall be provided by the Company to the Member:
- Where the Member fails to complete the cancellation procedure prescribed in Paragraph 4 of this Article
- Where the Member changes Plans
- Where ninety (90) days have elapsed from the date on which the counseling right was granted or purchased (periods of membership suspension shall also be counted)
- Where the Member withdraws from membership
- Email counseling may be received at any time free of charge.
- A Counselor may access the Member's lesson attendance records, speaking test scores, Member Information, and other information necessary for the provision of counseling.
Article 8 (Prohibited Conduct)
- A Member shall not engage in any of the following conduct in connection with the use of the Service:
- Being absent from lessons or online counseling sessions without notifying the Company
- Enrolling as multiple Members
- Allowing multiple users to use a single membership
- Investigating information not generally disclosed by the Company, such as the employment conditions of instructors, the location of call centers, or internet connection details
- Any and all conduct that may cause financial or emotional harm or disadvantage to instructors or staff
- Any and all solicitation of instructors
- Providing lessons or counseling sessions recorded, video-recorded, or documented by the Member to any third party
- Using or potentially using the Service for competitive purposes
- Providing data obtained through the use of the Service to any third party
- Infringing upon the intellectual property rights, portrait rights, privacy rights, reputation, or other rights or interests of the Company, other Members, External Service Providers, or other third parties (including conduct that directly or indirectly causes such infringement)
- Transmitting obscene information or information harmful to minors
- Transmitting information relating to romantic or sexual encounters
- Conduct related to criminal activity or conduct that violates public order and morals
- Conduct that violates applicable laws or regulations or the internal rules of any industry organization to which the Company or the Member belongs
- Transmitting information containing computer viruses or other harmful computer programs
- Transmitting data through the Service in excess of the data volume prescribed by the Company
- Conduct that may reasonably be considered to interfere with the Company's operation of the Service
- Any other conduct that the Company reasonably determines to be inappropriate
- If the Company reasonably determines that a Member's transmission of information or other interactions through the Service fall under, or may fall under, any of the items in the preceding paragraph, the Company may, without prior notice to the Member, take measures including withdrawal pursuant to Article 10, Paragraph 3 or suspension of use of the Service. The Company shall not be liable for any damage incurred by the Member as a result of measures taken by the Company pursuant to this paragraph.
Article 9 (Suspension of Membership)
- A Member may temporarily suspend lesson reservations and attendance due to reasons such as illness or other health issues, in accordance with the provisions of this Article (hereinafter referred to as "Suspension").
- A Member may suspend membership in accordance with the Schedule by notifying the Company of the intention to suspend by the 15th of the month preceding the month in which the Suspension is to take effect. If such notification is received after the 15th of the preceding month, the Suspension shall take effect from the following month. In the event that the Member does not resume use of the Service in accordance with the following paragraph and the Suspension period set forth below expires, the Member shall be automatically withdrawn.
- A Member wishing to resume use of the Service during a Suspension period shall complete the service resumption procedure in the manner prescribed by the Company. Upon resumption of the Service, the Member may not be able to select the same Assigned Instructor or lesson schedule as before the Suspension.
- If the Suspension period exceeds the period prescribed for the applicable Plan in the Schedule, the Member shall not be entitled to carry over the remaining lesson entitlements from before the Suspension to the period after resumption.
- If there are any unconsumed lessons at the commencement of the Suspension period, the Member shall attend such unconsumed lessons prior to the commencement of the Suspension period. Except where lessons cannot be consumed due to the circumstances of the Company or the instructor, no refund shall be provided for the fees corresponding to such unconsumed lessons. However, if the Member is unable to attend lessons due to unavoidable reasons such as illness, the Company may refund the fees corresponding to such unconsumed lessons. In the event of a refund, the per-lesson unit price shall be calculated based on the Plan selected by the Member as set forth in the Schedule.
Article 10 (Withdrawal)
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A Member may request withdrawal in the manner prescribed for each Plan in the Schedule. Upon completion of the withdrawal procedure, the contract with the Company shall terminate, and the Member shall lose their membership status (hereinafter referred to as "Withdrawal").
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A Member who has selected a Lump-Sum Course and who does not wish to continue taking lessons after completing all purchased lessons shall be deemed to have withdrawn upon the conclusion of the final lesson under such Plan.
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The Company may, without prior notice or demand, temporarily suspend the use of the Service by, or withdraw, any Member who falls under any of the following:
- Where the Member has violated any provision of these Terms
- Where any Member Information is found to contain false information
- Where the Member has used, or attempted to use, the Service for purposes or by methods that may cause harm to the Company, other Members, External Service Providers, or other third parties
- Where the Member has become unable to receive the provision of services or cooperation from an External Service Provider due to a violation of the External Terms of Use or for any other reason
- Where the Member has interfered with the operation of the Service by any means
- Where the Member has become insolvent or unable to make payments, or where a petition has been filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings
- Where any bill or check drawn or accepted by the Member has been dishonored, or where the Member has been subject to suspension of transactions by a clearinghouse or similar measures
- Where the Member has been subject to attachment, provisional attachment, provisional disposition, compulsory execution, or an application for auction
- Where the Member has been subject to dispositions for delinquent taxes or public charges
- Where the Member has died or has been placed under guardianship, curatorship, or assistance
- Where, for a period of thirty (30) days from the payment date designated by the Company, the Member has failed to pay the usage fees prescribed in Article 5 and has failed to respond to communications from the Company
- Where the Member falls under any of the items in Article 3, Paragraph 3
- Where the Company otherwise reasonably determines that the Member is inappropriate as a Member
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If a Member falls under any of the items in the preceding paragraph, the Member shall automatically forfeit the benefit of time with respect to all obligations owed to the Company and shall immediately pay all outstanding debts to the Company.
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The Company shall not be liable for any damage incurred by a Member as a result of actions taken by the Company pursuant to this Article, and shall not provide any refund of usage fees.
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(a) Members of the Monthly Course and the Exam Preparation Intensive Plan under the Lump-Sum Course
If there are any unconsumed lessons at the time of Withdrawal, the Member shall attend such unconsumed lessons prior to Withdrawal. Except where lessons cannot be consumed due to the circumstances of the Company or the instructor, no refund shall be provided for the fees corresponding to such unconsumed lessons. However, if the Member is unable to attend lessons due to unavoidable reasons such as illness, the Company may refund the fees corresponding to such unconsumed lessons. In the event of a refund, the per-lesson unit price shall be calculated based on the Plan contracted by the Member as set forth in the Schedule.
(b) Members of the Pre-Purchase Plan under the Lump-Sum Course
(i) Before commencement of lessons
The Company shall refund the total amount paid less 15,000 yen as costs for contract conclusion and performance (hereinafter referred to as the "Cancellation Fee").
(Formula) Settlement Amount = Total Amount Paid - Cancellation Fee
(ii) After commencement of lessons
The Company shall refund the total amount paid less the lesson fees for consumed lessons, the lesson fees for unconsumed lessons, and the lesser of 50,000 yen or 20% of the unconsumed lesson fees (hereinafter referred to as the "Termination Charge"). The lesson fees shall be calculated based on the Plan contracted by the Member as set forth in the Schedule.
(Formula) Settlement Amount = Total Amount Paid - Lesson Fees for Consumed Lessons - Termination Charge
Article 11 (Suspension of the Service)
- The Company may suspend or interrupt all or part of the Service without prior notice to Members in the event of any of the following:
- Where computers, communication lines, or other equipment are disrupted due to an accident
- Where the operation of the Service becomes impossible due to force majeure such as fire, power failure, natural disaster, or domestic or international political conditions
- Where any External Service experiences trouble, interruption or suspension of service provision, cessation of cooperation with the Service, specification changes, or other issues
- Where the Company reasonably determines that suspension or interruption is otherwise necessary
- The Company may, at its reasonable discretion, terminate the provision of the Service. In such case, the Company shall provide prior notice to Members.
- The Company shall not be liable for any damage incurred by Members as a result of measures taken by the Company pursuant to this Article.
Article 12 (Equipment and Costs)
- The preparation and maintenance of computers, smartphones, software, other devices, communication lines, and other communication environments necessary for receiving the Service shall be at the Member's own expense and responsibility.
- The Member shall implement security measures, including prevention of computer virus infection, prevention of unauthorized access, and prevention of information leakage, at the Member's own expense and responsibility, in accordance with the Member's own usage environment for the Service.
- Even if the Company has stored messages or other information sent or received by the Member for a certain period in the course of operations, the Company shall not be obligated to retain such information and may delete such information at any time. The Company shall not be liable for any damage incurred by the Member as a result of such deletion.
- When installing External Services on the Member's computer, smartphone, or other device at the commencement of or during the use of the Service, the Member shall exercise sufficient care to prevent the loss or alteration of the Member's information or the failure or damage of the Member's equipment, and the Company shall not be liable for any such damage incurred by the Member.
Article 13 (Ownership of Rights)
- All ownership rights and intellectual property rights relating to the Company Website and the Service belong to the Company or those who have granted licenses to the Company. The license to use the Service based on enrollment under these Terms does not constitute a transfer or license of the intellectual property rights of the Company or those who have granted licenses to the Company with respect to the Company Website or the Service, except as expressly provided in these Terms.
- With respect to any text, images, videos, or other data posted or transmitted by a Member on the Company Website or through the Service, the Company may freely use such content without compensation (including any and all uses such as reproduction, copying, modification, and sublicensing to third parties).
Article 14 (Disclaimer of Warranties and Limitation of Liability)
- The Company makes no warranty whatsoever regarding the educational effectiveness of the Service. The Company makes no warranty regarding the Service, including, but not limited to, fitness for a particular purpose, commercial utility, completeness, or continuity.
- Even if a Member obtains any information, whether directly or indirectly, from the Company regarding the Service, the Company Website, other Members of the Service, or any other matter, the Company makes no warranty to the Member beyond what is stipulated in these Terms.
- The Service may utilize External Services or textbooks designated by the Company; however, such use is not guaranteed. In the event that External Services or designated textbooks cannot be used in the Service, the Company shall not be liable except where such inability is attributable to the Company.
- Where the Service utilizes External Services, the Member shall comply with the External Terms of Use at the Member's own expense and responsibility. Even in the event of a dispute between the Member and the External Service Provider operating such External Service, the Company shall not be liable for such dispute.
- The Member shall investigate, at the Member's own responsibility and expense, whether the use of the Service violates any laws, regulations, or internal rules of industry organizations applicable to the Member. The Company makes no warranty that the Member's use of the Service complies with any laws, regulations, or internal rules of industry organizations applicable to the Member.
- Any transactions, communications, disputes, or other matters arising between a Member and other Members, External Service Providers, or other third parties in connection with the Service or the Company Website shall be handled and resolved at the Member's own responsibility, and the Company shall not be liable for such matters except where they are attributable to the Company.
- The Company shall not be liable for any damage incurred by a Member in connection with the Service, including, but not limited to, interruption, suspension, termination, unavailability, or modification of the Service; deletion or loss of Member messages or information; delay in notification of changes to Member Information or Withdrawal; use of External Services; and loss of data or failure or damage of equipment arising from use of the Service, except where such damage is attributable to the Company.
- Even where links from the Company Website to other websites or from other websites to the Company Website are provided, the Company shall not be liable for any websites other than the Company Website or for information obtained from or the use of such websites, except where such liability is attributable to the Company.
- The Company shall not be liable for non-performance of its obligations under the Service Agreement during the continuance of any circumstance beyond the Company's reasonable control (including, but not limited to, fire, power failure, hacking, computer virus intrusion, earthquake, flood, war, epidemic, trade embargo, strike, riot, unavailability of materials or transportation facilities, intervention, directives or requests by governmental authorities or local government bodies, or the enactment or amendment of domestic or foreign laws and regulations).
- Even in the event that the Company is liable to a Member for damages due to the application of the Consumer Contract Act or for any other reason, the Company's liability shall be limited to the total amount of usage fees actually received from the Member during the six (6) month period retroactively from the time the cause of damage arose. However, this limitation shall not apply where the defect or deficiency of the Service is attributable to the Company's willful misconduct or gross negligence.
Article 15 (Member's Liability for Damages)
- A Member shall compensate the Company for any damage caused to the Company by the Member's violation of these Terms or in connection with the Member's use of the Service.
- In the event that a Member receives a claim from, or becomes involved in a dispute with, another Member, an External Service Provider, or any other third party in connection with the Service, the Member shall promptly notify the Company of the details thereof, handle and resolve such claim or dispute at the Member's own expense and responsibility, and report the progress and results thereof to the Company upon the Company's request.
- In the event that the Company receives any claim from another Member, an External Service Provider, or any other third party on the grounds of infringement of rights or for any other reason in connection with a Member's use of the Service, the Member shall compensate the Company for any amount that the Company is compelled to pay to such third party as a result of such claim.
Article 16 (Handling of Personal Information)
The handling of Members' personal information (meaning "personal information" as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) by the Company shall be governed by the Company's separately established Privacy Policy, and Members consent to the Company's handling of their personal information in accordance with such Privacy Policy.
Article 17 (Amendments to These Terms)
- The Company may freely modify the content of the Service.
- The Company may amend these Terms (including the rules, regulations, and other provisions relating to the Service posted on the Company Website; the same shall apply in this paragraph). When amending these Terms, the Company shall announce the content of the amendments and the effective date thereof by the method prescribed by the Company by such effective date. If a Member uses the Service after the announced effective date, or if the Member does not complete withdrawal procedures within the period prescribed by the Company, the Member shall be deemed to have consented to the amendments to these Terms.
Article 18 (Communications and Notices)
Inquiries regarding the Service and other communications or notices from Members to the Company, as well as notices regarding amendments to these Terms and other communications or notices from the Company to Members, shall be made by the method prescribed by the Company. In such cases, the Company shall not be liable in the event that any communication or notice from the Company fails to reach a Member due to deficiencies in the Member's Member Information, reception settings, or other circumstances attributable to the Member.
Article 19 (Assignment of These Terms)
- A Member may not assign, transfer, create a security interest in, or otherwise dispose of the Member's status under the Service Agreement or any rights or obligations under these Terms to any third party without the prior written consent of the Company.
- In the event that the Company transfers the business relating to the Service to a third party (regardless of the form, including business transfer, corporate split, or otherwise), the Company may transfer the Member's status under the Service Agreement, the rights and obligations under these Terms, and Member Information and other customer information to the transferee, and Members shall be deemed to have consented in advance to such transfer pursuant to this paragraph.
Article 20 (Entire Agreement)
These Terms constitute the entire agreement between the Company and the Member with respect to the matters contained herein, and shall supersede all prior agreements, representations, and understandings between the Company and the Member, whether oral or written, with respect to such matters.
Article 21 (Severability)
In the event that any provision or part thereof of these Terms is determined to be invalid or unenforceable under the Consumer Contract Act or any other applicable law, the remaining provisions of these Terms and the remaining portions of any provision partially determined to be invalid or unenforceable shall continue in full force and effect, and the Company and the Member shall endeavor to modify such invalid or unenforceable provision or portion to the extent necessary to make it lawful and enforceable and to ensure the same legal and economic effect as the intent of such invalid or unenforceable provision or portion.
Article 22 (Survival)
The provisions of Article 4, Paragraph 4; Article 5, Paragraphs 1, 2, and 4 (limited to cases where payments remain outstanding); Article 7, Paragraph 7; Article 8, Paragraph 2; Article 10, Paragraphs 4 and 5; Article 11, Paragraph 3; Articles 12 through 16; and Articles 18 through 23 shall survive the termination of the Service Agreement.
Article 23 (Governing Law and Jurisdiction)
These Terms shall be governed by the laws of Japan. Any and all disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance, depending on the amount in controversy.
Article 24 (Resolution Through Consultation)
In the event of any matter not provided for in these Terms or any ambiguity in the interpretation of these Terms, the Company and the Member shall endeavor to resolve such matter promptly through good-faith consultation.
Schedule (Appendix)
Course and Plan Overview
| Item | Monthly Course (Monthly Lesson Plan) | Exam Preparation Intensive Plan | Pre-Purchase Plan |
|---|---|---|---|
| Payment Method | Automatic card payment or bank transfer | Lump-sum bank transfer | Lump-sum bank transfer |
| Pricing Structure | 2/4/8/12/16 or more lessons per month | 8 to 19 lessons | 20 or more lessons |
| Per-Lesson Unit Price | Varies by Plan | Varies by contract | Varies by contract |
| Lesson Schedule | Fixed day of the week and time slot | Determined at the time of enrollment | Fixed day of the week and time slot |
| Lesson Period | 1 month or longer | As stated in the contract document | As stated in the contract document |
| Contract Validity Period | -- | Lessons may be taken for 2 months from the first lesson date | Lessons may be taken for 2 years from the first lesson date |
Provisions Regarding Suspension of Membership
| Item | Monthly Course (Monthly Lesson Plan) | Exam Preparation Intensive Plan | Pre-Purchase Plan |
|---|---|---|---|
| Suspension Procedure | Suspension may be requested by submitting a notification through the method prescribed by the Company (email or the inquiry form on the Company Website) by the 15th of the month preceding the month in which the Suspension is to take effect. | Suspension may be requested by submitting a notification through the method prescribed by the Company (email or the inquiry form on the Company Website) by the 15th of the month preceding the month in which the Suspension is to take effect. | Suspension may be requested by submitting a notification through the method prescribed by the Company (email or the inquiry form on the Company Website) by the 15th of the month preceding the month in which the Suspension is to take effect. |
| Maximum Suspension Period | 90 days from the last lesson date; however, 180 days if a resumption date is set in advance | 30 days from the last lesson date | 90 days from the last lesson date; however, 180 days if a resumption date is set in advance |
| Discount Campaigns | Available | Not available | Not available |
| Handling of Unconsumed Lessons During Suspension | If the rescheduling deadline has passed, the right to attend unconsumed lessons shall expire, and no refund of lesson fees corresponding to expired lessons shall be provided. | If the rescheduling deadline has passed, the right to attend unconsumed lessons shall expire, and no refund of lesson fees corresponding to expired lessons shall be provided. | If the rescheduling deadline has passed, the right to attend unconsumed lessons shall expire, and no refund of lesson fees corresponding to expired lessons shall be provided. |
| Restrictions on Re-Suspension | Re-suspension after resumption is permitted only if the Member has attended at least 8 lessons since resumption. | -- | Re-suspension after resumption is permitted only if the Member has attended at least 8 lessons since resumption. |
Provisions Regarding Withdrawal (Mid-Term Cancellation)
| Item | Monthly Course (Monthly Lesson Plan) | Exam Preparation Intensive Plan | Pre-Purchase Plan |
|---|---|---|---|
| Withdrawal Procedure | Withdrawal may be requested by submitting a notification through the method prescribed by the Company (email or the inquiry form on the Company Website) by the 15th of the month preceding the desired withdrawal month. *If the withdrawal request is submitted after the 15th, withdrawal shall be completed at the end of the month following the desired withdrawal month. | Withdrawal may be requested by submitting a notification through the method prescribed by the Company (email or the inquiry form on the Company Website) by the 15th of the month preceding the desired withdrawal month. *If the withdrawal request is submitted after the 15th, withdrawal shall be completed at the end of the month following the desired withdrawal month. | Withdrawal may be requested at any time after the cooling-off period has elapsed by submitting a notification to the Company (by any method, including written notice, telephone, email, or the inquiry form on the Company Website). |
Established and Enforced: April 1, 2020
Revised: October 26, 2020
Revised: November 11, 2020
Revised: May 20, 2021
Revised: August 21, 2022