These Terms of Service are intended to set forth the conditions for the use of the “JSL MeTHOD” online Japanese language education service and accompanying services (hereinafter referred to as “the Service”) developed and provided by JSL International Co., a Japanese corporation established and registered under the laws of Japan (hereinafter referred to as “the Company”.)
These Terms of Service shall apply to all persons who have registered to use the Service (hereinafter referred to as “Registered Users”) and all users of the Service (hereinafter referred to as “Users”, and both Registered Users and Users are hereinafter collectively referred to as “Users, etc.”) , and Users, etc. shall be deemed as having agreed to the content of these Terms of Service by commencing use of the Service (and the act of registering to use the Service shall be deemed as the commencement of use of the Service.)
Article 2 (Definitions)
“Users” means all persons using the Service.
“Registered Users” means all persons who have registered to use the Service.
“Users, etc.” is the collective term for both “Users” and “Registered Users”.
“Adult” means, both in Japan and in the country of which the User, etc. is a citizen, an adult who can conclude a contract independently.
“Account” means the right to log in to the Service granted by the Company to those who have registered to use the Service in accordance with the prescribed method.
“Paying Users, etc.” means all Registered Users who have registered as paying users or all Users who use the Service for a fee.
Article 3 (User Registration and Use of the Service)
A Person wishing to use the Service (hereinafter referred to as “Applicants”) must complete “user registration”, obtain an ID and password and be assigned an Account in accordance with the Company's prescribed procedures（and the Account allows for log in to an account from a device at the same time). A user agreement (hereinafter referred to as “the User Agreement”) will be formed by and between the User, etc. and the Company at the point when the company has accepted user registration and has assigned the User, etc. an Account.
The Applicant represents and warrants that the Applicant is an Adult, or that the Applicant is a minor who is entitled to a party to the User Agreement by obtaining the valid consent of the Applicant’s parent or guardian, etc., at the time of user registration. However, a minor Applicant may apply for user registration through a legal representative, etc. to the extent that the laws of the country in which the minor Applicant is a citizen prevent a minor from performing legal acts at its own sole discretion and require the User Agreement to be concluded by a legal representative, etc.
Registered Users must manage their assigned Account on their own responsibility and may not allow a third party to use their Account, nor transfer or loan their Account to a third party, without the prior written consent of the Company except as otherwise permitted by the Company.
The Applicant acknowledges in advance that the Applicant’s user registration completed in accordance with the provisions of paragraph 1 must be approved by the Company and that the Applicant may be unable to register or obtain an Account even after completing user registration if the Company has deemed them not to be appropriate.
All actions performed through an Account are presumed to be the actions of the Registered User who was assigned the Account, and the Registered User shall be jointly and severally liable for such actions even if it has been demonstrated that they were not the person who performed such actions.
Registered Users represent and warrant that the content stated or entered during user registration procedures set forth in paragraph 1 is true and accurate, and shall promptly carry out change procedures when there has been a change to such content.
The Company may suspend provision of the Service to a User, etc. or cancel their User Agreement if the User, etc. has violated the provisions of the preceding paragraph.
The Company may provide a function for Users, etc. to record and save their Account information on their communications device. Responsibility in this case shall be as provided for in paragraphs 3 and 5 of this Article.
Users, etc. shall prepare the communications equipment, electronic equipment, software and communications environment necessary to use the Service on their own responsibility and at their own expense, in which case the Company assumes no liability with respect to problems, restrictions on usage and damages, etc. caused thereby.
Article 4 (Trial Period and Transition to Paying User, etc.)
The Company may set a trial period for Users, etc. registering for the first time. Such Users, etc. shall not be charged for their use of the Service during their trial period provided that they have validly completed termination procedures prior to the end date of the trial period.
Users, etc. agree that they shall automatically make the transition to Paying Users, etc. if they have not validly completed termination procedures during their trial period referred to in the preceding paragraph and when the prescribed trial period has passed, and that they shall be charged the usage fees set forth in Article 5 from the day following the last day of the trial period.
The company may at its own discretion establish or abolish the trial period referred to in paragraph 1.s, etc. shall not be charged for their use of the Service during their trial period provided that they have validly completed termination procedures prior to the end date of the trial period.
Article 5 (Usage Fees and Usage Period)
Paying Users, etc. shall pay a separately prescribed usage fee (if there are multiple plans, then the usage fee based on the plan selected during user registration) as consideration for their use of the Service during the term of the User Agreement (excluding during the trial period referred to in the preceding Article) in accordance with separately prescribed conditions (and the conditions of the plan selected during user registration if there are multiple plans) by the date and in the manner specified by the Company.
Users, etc. agree that if a Paying User, etc. has concluded or terminated the User Agreement during the middle of a month, then they will be charged the full usage fee for that month; the usage fee will not be prorated.
Users, etc. agree that the User Agreement will be automatically renewed on the same conditions unless the User, etc. has validly completed termination procedures prior to the expiration of its term, and the same shall apply thereafter.
Users, etc. acknowledge that after they have completed user registration under Article 3, paragraph 1, they will be able to use the Service when the Company confirms their payment of the usage fee for the current month and the following month. However, this shall not apply in the case there is a trial period, in which case usage shall be in accordance with the content of the trial period.
Paying Users, etc. acknowledge in advance that the Company may entrust a third party to issue invoices and collect a bill for usage fees.
Article 6 (Termination Procedures)
Registered Users may terminate the User Agreement in accordance with the procedures prescribed by the Company. (In the case of a plan in which a usage period is established, the Registered User may terminate even in the middle of the period of that plan.) Furthermore, in the case of termination during the middle of a month the usage fee will not be prorated as provided for in paragraph 2 of the preceding Article,.
Registered Users agree that they will not be refunded any usage fees even if they have elected to pay usage fees in a lump sum payment, when terminating the User Agreement under the preceding paragraph.
Article 7 (Handling of Intellectual Property Rights, etc.)
Users, etc. acknowledge that the copyright for works including but not limited to systems, programs, texts, illustrations, photographs and videos used in the Service belongs to the Company or the original author, and represent and warrant that they will not reprint, reproduce, perform, screen, transmit, translate, adapt, lend, distribute or otherwise make any use of or any alteration to aforementioned content for any purpose nor encourage a third party to do so.
If Users, etc. have breached the provisions of paragraph 1 and has become involved in a dispute with a third party, then they shall resolve the dispute on their own responsibility and at their own expense without causing any burden or inconvenience to the Company.
Users, etc. acknowledge that trademark rights such as the name and logo of the Service belong to or are intended to belong to the Company, and represent and warrant that they shall not engage in acts that infringe upon such trademark rights for any purpose nor encourage a third party to do so.
If Users, etc. have breached the provisions of paragraph 1 or the preceding paragraph and has caused damage to the Company or a third party, then they shall be liable to compensate that damage.
Article 8 (Prohibited Acts)
Users, etc. are prohibited from engaging in the following acts in their use of the Service:
(1) In addition to the acts prohibited in the preceding Article, acts that infringe upon the rights of others such as privacy rights, portrait rights and rights to the protection of their honor;
(2) Impersonating others, or registering or providing false information;
(3) Letting a third party use their Account, or assigning or loaning their Account to a third party, without the prior written consent of the Company;
(4) Completing multiple user registrations and acquiring multiple Accounts;
(5) Using the Service for a commercial purpose;
(6) Defaming the Company, the Service, the Company’s related parties or any other third party;
(7) Gaining unauthorized access to the server and any other acts that interfere with the operation of the Service;
(8) Acts that are, or may be, contrary to public order and morals;
(9) Any other acts in breach of these Terms;
(10) Acts in breach of the laws of Japan or the laws of the country in which the User, etc. resides or is a citizen; and
(11) In addition to the preceding ten items, any other illegal or inappropriate acts analogous to each of the preceding.
If Users, etc. have caused damage to the Company or a third party due to the acts referred to in the preceding paragraph, then they shall be liable to compensate that damage.
The Company may suspend provision of the Service to Users, etc. without notice if the Users, etc. have engaged in any of the acts listed in paragraph 1.
Article 9 (Change to the Content, Suspension and Termination of the Service)
Users, etc. shall approve that the Company may change, add, delete, etc. content of the Service in whole or in part without notice to Users, etc.
Users, etc. shall approve that the Company may suspend or terminate the provision of the Service in whole or in part without notice to Users, etc.
Article 10 (Contact to Users, etc.)
Users, etc. agree to be contacted by the Company or a local contractor entrusted by the Company via electromagnetic means such as e-mail or via telephone, etc. for the provision of answers to questions that Users, etc. have asked via the contact for Service inquiries or as otherwise operationally necessary.
The Company will strive to do its best to respond to inquiries about the Service, but Users, etc. approve that it may take some time to receive a response and that it may not be possible for the Company to provide a response that meets the expectations of Users, etc.
Article 11 (Temporary Interruption of the Service)
Users, etc. approve in advance that the Company may temporarily interrupt the Service in whole or in part without notice or prior warning under the following circumstances. However, the Company will endeavor to provide prior notice of Service interruptions on its website when possible:
(1) When necessary to change the content of the Service or for system maintenance, etc.;
(2) When a natural disaster, system failure, failure of the telecommunications equipment used by the Company, attack on the system by a third party, or other emergency has occurred or may occur, and Service interruption is unavoidable;
(3) When the telecommunications carrier has suspended its communications service; or
(4) When the Company has otherwise deemed that Service interruption is unavoidable.
The Company assumes no liability for any damage suffered by Users, etc. as a consequence of temporary interruption of the Service under the preceding paragraph. However, this shall not apply with respect to ordinary damage that is the direct result of circumstances attributable to the Company.
Article 12 (Limitation of Liability)
The Service is provided on an as-is basis, and Users, etc. access and use the Service on their own responsibility. The Company and its employees, lecturers, the creators of the Service and other related parties make no guarantees with respect to the following items and assume no liability in relation thereto except in the case of willful acts or gross negligence. Users, etc. shall use the Service after approving the above:
(1) That no bugs or errors will occur when accessing or using the Service;
(2) The authenticity, accuracy and utility of information obtained from the Service;
(3) The audio, images, communication speed, communication stability, and other qualities of the Service;
(4) That the content of the Service, educational effect, quality of instructors, support system and level of service satisfy Users, etc.;
(5) The legality of the use of the Service by Users, etc. in specific countries; and
(6) The Service or the server used by the Service, etc. does not contain elements (including but not limited to viruses) that adversely affect the devices of Users, etc.
The Company assumes no liability with respect to damage suffered by Users, etc. arising from their use of the Service in addition to the matters listed in the preceding paragraph, except in the case of any ordinary damage that is the direct result of circumstances attributable to the Company.
Article 13 (Cancellation of the User Agreement and Account Suspension)
The Company may prospectively cancel the User Agreement or suspend the Account without making any demands of the User, etc. when any one of the following items has come to apply to Users, etc.:
(1) Users, etc. have engaged in any of the acts prohibited by the provisions of each item of Article 8, paragraph 1;
(2) Users, etc. have not paid the usage fee and the total amount of arrears has reached an amount equivalent to 2 months’ fees for the plan the Users, etc. are using;
(3) Users, etc. have otherwise breached these Terms of Service and do not improve despite having been demanded to do so within a reasonable period of time; or
(4) Users, etc. have not used the Service for a period of 6 months or more and there is no prospect of them using the Service going forward.
The Company's exercise of its right to cancel the User Agreement or suspend the Account under the preceding paragraph shall not preclude the Company from seeking damages from Users, etc.
Article 14 (Severability)
Each of the provisions of these Terms of Service is severable, and the invalidation of a provision shall not affect the validity of the other provisions of these Terms of Service.
Article 15 (Assignment of Rights and Obligations)
The Company may assign or delegate its rights under these Terms of Service to a third party without the consent or notice to Users, etc. However, Users, etc. may not assign or delegate their rights under these Terms of Service to a third party.
Users, etc. shall agree in advance that the Company may assign its obligations under these Terms of Service or its status under the User Agreement to a third party. However, Users, etc. may not assign to a third party their obligations under these Terms of Service or their status under the User Agreement.
Article 16 (Change to These Terms of Service, etc.)
The Company may at its discretion change the content of these Terms of Service and the various provisions associated therewith (hereinafter collectively referred to as “These Terms, etc.”) at any time to the reasonable extent.
If the Company makes changes to These Terms, etc. under the preceding paragraph, then it will inform Users, etc. of the content of the changes and the effective date, etc. in the manner that the Company deems appropriate.
Users, etc. may terminate the Service in accordance with the prescribed procedures within the period specified by the Company following notification of change to These Terms, etc. under the preceding paragraph.
Users, etc. shall be deemed as having agreed to the content of the revised Terms of Service if they do not terminate the Service as mentioned above within the period or if they have continued to use the Service on or after the effective date of the change.
Article 17 (Governing Law and Jurisdiction)
The formation, effect, interpretation, performance and other matters relating to these Terms of Service shall be governed by and construed in accordance with the laws of Japan.
The Tokyo District Court in Japan shall have the exclusive jurisdiction as the court of first instance to hear any dispute between the parties arising in connection with these Terms of Service.