Article 1 Scope
1. The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between IMAGINE (as defined below) and the Registered Users (as defined below), and the Terms shall be applied to all aspects of the relationship between the Registered Users and IMAGINE in connection with the Service.
Article 2 Definitions
For purposes of the Terms, the following terms have the following meanings.
(1) "Service Agreement" means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between IMAGINE and the Registered User.
(2) "IP Rights" means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).
(3) "Website" means such website as may be from time to time operated by IMAGINE, whose domain name is [jp-magine.com] (or if the domain name or content thereof is modified for any reasons, such modified website).
(4) "Registered User" means any person or entity that has been registered as a user of the Service pursuant to Article 3 (Registration).
(5) "Service" means the service provided by IMAGINE under the name of [IMAGINE Online Japanese School] (or if the name or content thereof is modified for any reasons, such modified service).
Article 3 Registration
1. A person wishing to use the Service may apply to IMAGINE for registration to use the Service by agreeing to comply herewith and providing certain information as specified by IMAGINE (the "Registration Information") in accordance with the manner as may be prescribed by IMAGINE.
2. IMAGINE shall determine whether to register the person that has made an application pursuant to Paragraph 1 of this Article 3 ("Applicant") in accordance with IMAGINE's criteria, and if IMAGINE approves the registration, it shall notify the Applicant to that effect. The Applicant's registration as a Registered User shall be completed upon the notice by IMAGINE pursuant to this Paragraph.
3. Upon completion of the registration pursuant to the preceding Paragraph, the Service Agreement shall become effective between the Registered User and IMAGINE, allowing the Registered User to use the Service pursuant to the Terms.
4. IMAGINE reserves the rights to refuse registration or re-registration of any Applicant without any obligation to disclose the reasons, in the event that:
(1) The whole or any part of the Registration Information provided by the Applicant to IMAGINE is found to be false, inaccurate or omitted;
(2) The Applicant is a minor, adult ward or person under curatorship or assistance, and applicable approval or consent has not been obtained from such Applicant's legal representative, guardian, curator or assistant;
(3) The Applicant is determined by IMAGINE to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force or other similar person or entity (collectively, "Antisocial Force"), or (ii) have any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
(4) The Applicant is determined by IMAGINE to be a party having violated any agreement with IMAGINE, or to have been involved with such violating party;
(5) The Applicant has suffered any of the measures under Article 10; or
(6) In addition to the foregoing, IMAGINE deems the registration inappropriate.
Article 4 Change to Registration Information
The Registered User shall promptly notify IMAGINE of any change to the Registration Information in the manner as prescribed by IMAGINE.
Article 5 Password and User ID Management
1. The Registered User shall be responsible for keeping and maintaining its password and user ID for the Service in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
2. The Registered User shall be, and IMAGINE shall in no event be, liable for damages arising out of inappropriate management, misuse, or use by a third party of the Registered User's password or user ID.
Article 6 Lessons
1. Lesson System
(1) When using the Service, Users apply for courses separately defined by IMAGINE in advance and reserve the lessons themselves before taking them. Users shall log into the applicable classroom site (hereinafter “site”) at the scheduled date and time for the lesson and take the lesson.
(2) Users shall be responsible for logging into the site prior to the scheduled start time of their lessons. Moreover, IMAGINE assumes no responsibility for a User’s inability to take a lesson due to his or her lateness, leaving early, absence or other trouble.
(3）If a user intends to cancel his or her lesson reservation, he or she must carry out the cancellation procedures on the site at least 24 hours prior to the start time of such lesson in the manner prescribed by the Services. If these cancellation procedures are taken, the lesson points for such lesson will be refunded to the user.
(4) If IMAGINE is unable to provide a lesson reserved by a user due to the circumstances of the instructor, IMAGINE may cancel the reservation for such lesson. A notification of the cancellation of the lesson in this case shall be sent as an email to the email address registered by the user. In this case, the lesson points for such lesson will be refunded.
(5）IMAGINE shall assume no liability, for whatever reason, except for the following cases.
i) If a User was unable to take a lesson due to a system failure on the site
ii) If a User was unable to take a lesson due to negligence on the part of IMAGINE
2. Date and Time of provision of the Service
The individual dates and times for provision of the Service will be as separately listed on the site. Moreover, IMAGINE shall be able to make changes to the dates and times for provision of the Service by posting a notification on the site.
3. Lesson Service Restrictions
(1) In the event that the progress of the lesson is disrupted due to system failures of the User’s device, disconnection associated with the User’s network environment or acts falling under those set forth in Article 17 (User Prohibitions), IMAGINE or the lesson instructor shall be able to end the User's participation in the lesson, even if the lesson is in progress.
(2) In accordance with the provisions of the preceding paragraph, even in cases where taking the lesson has become difficult and participation in the lesson has been ended, the User shall not be relieved of any obligations, such as the payment of fees.
Article 7 Fees and Payment Conditions
2. When the application referred to in the preceding paragraph has been reflected on the applicable page on the website, it shall be deemed that IMAGINE has approved the application, and the sales agreement for the Service shall be concluded at that time.
3. The fee and payment method are as stipulated separately. In cases where user registration for the service has been conducted overseas, the fee shall be the same amount as the fee for us within Japan. The times for various updates to the Service and base dates for payments, etc., shall follow Japan Standard Time.( As the Services are online services, they are subject to consumption tax in Japan where they are provided.)
4. Internet connection fees and the cost of computer and telecommunications equipment required for Applicants and Users of the Service to use the Service, shall be borne by Applicants and Users of the Service.
5. Payment of fees for the Service shall be made by credit card. Individuals applying through the Site via a corporation may pay using a credit card. For payment by a corporation, after the application has been accepted, the documents for payment, such as invoices, will be sent and payments shall be handled via bank transfer.
6. When a User delays payment to IMAGINE, IMAGINE can freely transfer the monetary claim to a third party.
Article 8 Prohibited Actions
When using the Service, the Registered User may not conduct any act that falls under, or is determined by IMAGINE to fall under, any of the following:
(1) acts that violate any laws or regulations or that are associated with criminal activity;
(2) acts that defraud or threaten IMAGINE, other Registered Users or other third parties;
(3) acts against public order and good morals;
(4) acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of IMAGINE, other Registered Users or other third parties;
(5) acts to transmit through the Service to other Registered Users any information or data that falls under, or is determined by IMAGINE to fall under, the information or data that:
- contains excessively violent or cruel content;
- contains computer viruses or other hazardous computer programs;
- contains content that damages the reputation or the credit of IMAGINE, other users of the Service or other third parties;
- contains excessively indecent content;
- contains content that encourages discrimination;
- contains content that encourages suicide or self-mutilation;
- contains content that encourages drug abuse;
- contains antisocial content;
- is intended to be distributed to third parties, including but not limited to chain mails; or
- contains content that causes uncomfortable feelings to third parties.
(6) acts that place an excessive burden on the network or system of the Service;
(7) acts to reverse-engineer or otherwise analyze the software or other systems provided by IMAGINE;
(8) acts to record video and audio of the Service;
(9) acts that are likely to interrupt the operation of the Service;
(10) acts to access the network or system of IMAGINE improperly;
(11) acts to impersonate a third party;
(12) acts to use the user ID or password of other users of the Service;
(13) acts of exploitation, advertisement, soliciting or marketing through the Service without IMAGINE's prior consent;
(14) acts to collect information of other users of the Service;
(15) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties;
(16) acts to provide Antisocial Forces with profit;
(17) acts that are intended to meet unacquainted persons of the opposite sex;
(18) acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) through (17) above;
(19) attempting to conduct any of the acts listed in Items (1) through (18) above; or
(20) other acts that IMAGINE deems to be inappropriate.
Article 9 Suspension of Service
IMAGINE shall be entitled to, without any advance notice to the Registered User, suspend or discontinue the Service, in whole or in part, in the event that:
(1) Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
(2) IMAGINE becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;
(3) IMAGINE becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
(4) IMAGINE determines that suspension or discontinuance is required for other reasons.
Article 10 Ownership of Rights
1. Any and all IP Rights related to the Website and the Service are expressly reserved by IMAGINE or its licensor. Nothing contained herein shall be construed as granting to the Registered User a license of the IP Rights related to the Website and the Service owned by IMAGINE or its licensor.
2. The Registered User hereby represents and warrants to IMAGINE that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party's rights.
3. The Registered User hereby agrees not to exercise moral rights against IMAGINE or any other person to which IMAGINE has transferred or granted the relevant rights.
Article 11 Registration Cancellation
1. If any of the following events arises in relation to a Registered User, IMAGINE may, without prior notice or demand, (i) delete, or suspend the display of, the Posted Data, (ii) temporarily suspend the use by the Registered User of the Service, or (iii) cancel the Registered User's registration as such:
(1) The Registered User fails to comply with any of the provisions hereof;
(2) Any of the Registration Information is found to be false;
(3) The Registered User undergoes payment suspension or becomes insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the Registered User;
(4) The Registered User has not used the Service for 6 months or more;
(5) The Registered User has not responded to inquiries from IMAGINE or other communications requiring a response for 30 days or more;
(6) The Registered User falls under any of Items of Paragraph 4 of Article 3; or
(7) It is determined to be inappropriate by IMAGINE that the Registered User continues to use the Service or to be registered as a Registered User.
2. In any of the events set forth in Items of the preceding Paragraph, all amounts owed to IMAGINE by the Registered User shall automatically become due and payable, and the Registered User shall immediately pay to IMAGINE such amounts in full.
Article 12 Withdrawal
1. The Registered User may withdraw from the Service and cancel its registration as a Registered User by completing the procedure as specified by IMAGINE.
2. Upon withdrawal from the Service, any and all debt of the Registered User to IMAGINE, if any, shall automatically become due and payable, and the Registered User shall immediately pay to IMAGINE such debts in full.
3. Treatment of user information after the withdrawal from the Service shall be subject to the provisions of Article 16.
Article 13 Modification and Termination of Service
1. IMAGINE shall be entitled to at any time modify or terminate the Service in its own discretion.
2. IMAGINE shall notify in advance the Registered User of any intended termination by IMAGINE of the Service.
Article 14 Disclaimer and Waiver of Warranties
1. IMAGINE MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED,
(i) that the Service fits or is suitable for a particular purpose contemplated by the Registered User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the use by the Registered User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the Registered User, or (iv) that the Service will be free of interruption or defects.
2. IMAGINE shall not be liable for the damages incurred by the Registered User in relation to the Service in excess of the amount of the consideration paid by the Registered User to IMAGINE for the immediately preceding 12 months. UNDER NO CIRCUMSTANCES SHALL IMAGINE BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES, OR LOST PROFITS.
3. Any transactions, communications and disputes arising between the Registered User and other Registered Users or a third party in connection with the Service or the Website shall be addressed and resolved by the Registered User at its responsibility.
Article 15 Confidentiality
The Registered User shall keep confidential any and all non-public information disclosed in relation to the Service by IMAGINE to the Registered User for which IMAGINE, at such disclosure, requires the Registered User a confidential treatment, unless the Registered User has obtained the prior written approval from IMAGINE.
Article 16 Treatment of User Information
2. IMAGINE may, in its sole discretion, use or make public any information or data provided by the Registered User to IMAGINE as statistical information in a form that cannot identify an individual, and the Registered User may not raise any objection to such use or publication.
Article 17 Amendment
IMAGINE reserves the right to amend or change the Terms when IMAGINE finds it necessary. In the event of any amendment or change to the Terms, IMAGINE shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the Registered User of the same. Notwithstanding the foregoing, IMAGINE shall obtain the Registered User's consent in a manner specified by IMAGINE for the amendment or change of the Terms that requires such consent under the applicable laws.
Article 18 Notice
1. Any communications or notices from the Registered User to IMAGINE, including but not limited to inquiries with respect to the Service, and any communications or notices from IMAGINE to the Registered User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by IMAGINE.
2. Any communication or notice made by IMAGINE that is addressed to the e-mail address included in the Registration Information of a Registered User shall be deemed to be received by the Registered User.
1. The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of IMAGINE.
2. In cases where IMAGINE transfers the business regarding the Service to a third party, IMAGINE may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of IMAGINE under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.
Article 20 Severability
If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.
Article 21 Governing Law and Jurisdiction
1. The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.
2. Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.
The Terms shall be executed in the Japanese language. Japanese shall be the governing language and any translation of the Terms into any other language is for convenience of reference only and shall not bind the parties hereto.
[Prescribed on Apr/15/2020]
[Revised on mm/dd/yy]