Japanese Online School - Terms and Conditions of Use

To enroll in the Japanese Online Institute (JOI) and to purchase and/or make use of JOI lessons, you agree to the following terms and conditions of use (hereinafter "the Terms"). By enrolling in JOI, you accept all terms and conditions fully. If you disagree with any part of these terms and conditions, please refrain from enrolling.

This agreement represents the entire contract between you and JOI with respect to the web site and the fee-based services therein.

Definitions

Earth Communications, Inc., herewith will be referred to as "the Company", the service provided, a web based language lesson service, will be herewith referred to as "the Service", and the web site offering the service will be referred to as "the Site".

Term 1: Modifications to the Terms

1. The Company has the right to modify this agreement and any policies affecting or pertaining to the Site only after informing the users of any changes that may concern them.

2. By displaying any change in the terms and contract on the Site in a rational and clear manner, or through direct communication via email, the Company will be deemed to have informed the members.

Term 2: Member Registration

A person is considered to be an Applicant if that person has begun the process of registration but has not received a confirmation of service. One becomes a Member only after the full process of registration, transaction and confirmation is complete.

If an Applicant is below the age of 20, a parent, guardian, or responsible adult must complete the application process on the Applicant's behalf.

1. Member registration is equivalent to agreement to these terms and conditions.

2. By accepting the Terms you also accept the methods of payment system used and set forth on the Site.

3. You agree not to create a false identity or give any false information, including email addresses, for the purpose of misleading or any other purposes.

4. The Terms refer to the Member as an individual. For companies, clubs, organizations, or other groups, a separate application system is used. Please contact us directly.

5. As a Member you agree that the material and content contained within or provided by the Company is for your own personal use only and may not be used for commercial purposes or distributed commercially.

6. Membership may be refused by the Company, at the sole discretion of the Company. An Applicant may be deemed incapable of receiving Membership by the Company for the reasons below.

1. The Applicant is shown not to exist.

2. The Applicant is already a Member.

3. The person has been banned from the Service previously for activities that the Company deemed in violation of the terms set forth herewith.

4. Information provided by the Applicant in the registration process has been deemed untrue, misleading, incomplete or in any manner incomprehensible.

5. The credit company or other financial services company dealing with the Site payment system elected not to authorize payment for reasons beyond the Company's knowledge.

6. The Applicant has previously been a Member and has had an inappropriate payment of fees record in the past.

7. The Applicant does not have the legal standing to agree to these terms due to age, mental ability, or legal requirement of guardianship.

8. Other reasons of incapability as set forth in Term 12.

9. Any other reason that the Company deems rational to disallow Membership.

Term 3: Membership Qualification

1. Only an Applicant that has satisfied the conditions specified in Term 2 is considered a Member.

2. However, if the Company confers Membership to an Applicant who later is shown to have failed to satisfy the Terms of Membership as described herein, the Company reserves the right to revoke the Membership.

Term 4: Disclosure of Change of Information

1. If any of the information given in the registration form changes (such as, but not limited to legal name or address), the Member must inform the Company of all such changes immediately.

2. The onus of disclosure lies on the Member. Any communication by email that is not received will be regarded as undisclosed.

Term 5: Members' Privacy

All information collected by the Company through the Membership Application will be regarded as fully protected information under Internet Privacy Laws. Information will not be released to a third party except if one or more of the following conditions is met.

1. The Member agrees to have his or her information released.

2. The Company is ordered by law to release specific information.

3. The identity of the individual cannot be discerned (an unlikely case).

Term 6: Methods of Informing Members

1. The Company has the right to modify this agreement and any policies affecting or pertaining to the Site but will use the system of placing information on the Site as our main method of Information dissemination. We will endeavor to set out all changes in a rational and clear manner. Placing information on the Site meets the Company's disclosure requirements under this agreement.

2. Email communication informing Members of any changes in the terms will be made if deemed necessary by the Company.

Term 7: User ID and Password

1. In order to access the Service, you will be required to make use of a username and a registration password. You are responsible for the security and proper use of this username and password and must take all necessary steps to ensure that this information is kept confidential, used properly, and not disclosed to any other person.

2. You are responsible for ensuring that there is no unauthorized access to your username or password. You will be entirely liable for all activities conducted through your username whether authorized by you or not.

3. You must inform the Company immediately if you have any reason to believe that a password has become known to someone not authorized to use it or if a password is being or is likely to be used in an unauthorized way.

4. Membership may be rescinded if members are discovered sharing or selling passwords to third parties.

5. You must inform the Company immediately if you have any reason to believe that a password has been lost, stolen, or compromised in any way.

Term 8: Billing Policy

1. Under the Terms, you agree to pay via credit card, PayPal transfer, or direct bank transfer the charges as set forth on the Site.

2. Once the payment transaction has been completed, the commencement of Service occurs. It is only after this confirmation has occurred that Service begins.

3. If there is any change in the price of Service, the Company will inform members on the Site and by email communication.

Term 9: Limitations of Service
Members agree to the limitations of the Service as set forth in the Terms and on the Site.

1. Lesson packages
The Company has established prices of these lesson packages, and the Members who have completed payment will, unless in violation of these terms and conditions, have full use of the services within the limitations of the package purchased. When all lessons has been taken, or when the expiration date of the lessons has passed, the Member must discontinue use of the Service until the Member re-enrolls and re-accepts the Terms.

2. Limitation of use

1. The price and services provided are limited to those specified on the Site. Members may not expect any other services or charges. The Service commences once the Member has completed enrollment procedures.

2. The lessons are provided on the Site within a package system, and the fee of service works under a package system. Any division of fees to smaller units is not possible, regardless of whether any lesson tickets remain unused beyond the expiration date of the package established at the time of purchase.

3. The Company does not guarantee lessons with a particular curriculum, teacher, or time of day.

4. All unused lesson tickets become invalid on and unusuable beyond the expiration date established at the time of purchase, regarding of the reason or circumstances for their non-use.

5. If a Member elects to cancel his/her Membership, the cancellation must follow the rules and limits as explained within these terms.

6. An expiration date applies to all lesson ticket purchases, as specified at the time of purchase. For a given expiration date, all tickets must be used (i.e., lessons completed) no later than 00:00 Japan time (GMT + 9 hours) on that expiration date.
3. Refunds of membership fees

Regardless of whether a Member wishes to cancel his/her membership, the Company shall not refund the lesson fee in part or whole, including but not limited to unforeseen circumstances including the Member's computer system failure, Internet provider failure, inability or difficulty making use of the Service for technical or other reasons, an operational failure of the Company's system, circumstances resulting from natural disasters, circumstances resulting from political crises, and circumstances resulting from war.

The foregoing notwithstanding, in accordance with the "cooling off" provision of Japan's commerce law, Members who reside in Japan and who have purchased a ticket package having a total lesson fee of 50,000 yen or more and an expiration term of two months or longer shall be granted a refund of the unused portion of said package, provided the Member requests a refund and subject to the following terms.

Cooling Off

Contract cancellation ("cooling off") is offered without condition for a period of eight days starting with the day following the establishment of the contract (including Saturday, Sunday, and holidays), provided the Member notifies the Company in writing.

Cooling off takes effect from the time the written notification of contract cancellation is sent. The applicant (the person or legal entity requesting contract cancellation) shall send a postcard or other printed form to the Company with the following information:

(1) Applicant's name (if the applicant's name and the Member's name differ, include the Member's name as well)
(2) Application date or date of contract establishment
(3) Date of acceptance of written contract (e-mail from the Company establishing the contract)
(4) Name of lesson package
(5) Lesson fee covered by the contract
(6) Reason for cancellation of the contract in question
(7) Date this printed form was written
(8) Name and address of person writing this printed form

Note: The use of delivery-certified mail, registered mail, and/or contents-certified mail is recommended, because these services offer proof to the Member of his/her application for contract cancellation.

Early Contract Cancellation

If the cooling off period has passed at the time a cancellation request is received, a refund of unused lesson tickets shall be available, subject to a cancellation fee and other terms as listed below. In the cancellation request, please include the Member's name, username, address, telephone number, lesson package name, lesson fee covered by the contract, and reason for cancellation.

1. After the cooling off period expires, in the event the Member has made no use of the Company's service (no tickets have been used):

The lesson fee applicable to the unused tickets shall be calculated by multiplying the per-ticket price at the time of purchase by the number of unused tickets.

A cancellation fee of 15,000 yen shall be assessed.

The Member shall be responsible for any bank transfer fees associated with the refund.
2. After the cooling off period expires, in the event the Member has made use of the Company's service (one or more tickets have been used) and the Member requests a refund of the unused tickets:

The lesson fee applicable to the unused tickets shall be calculated by multiplying the per-ticket price at the time of purchase by the number of unused tickets.

A cancellation fee equivalent to 20% of the lesson fee applicable to the unused tickets or 50,000 yen, whichever is less, shall be assessed.

The Member shall be responsible for any bank transfer fees associated with the refund.

Term 10: Member Responsibility

1. Members may not render the Site or the Service for any inappropriate use.

2. The Company, the Site, the teachers, and the Members are all bound by the laws, rules, and rights as normally used on the Internet on any matters not specified or indicated in the Terms. You also agree to comply with Internet protocols and standards.

3. The Company will protect all Members' registration information using Internet Standard Protocol measures for security of data.

4. If the data is breached or hacked by a third party, the Company cannot bear a responsibility for any resulting damage or personal loss.

5. Members may not use any material gained from the Company's site for sale or distribution purposes to a third party.

6. Payments to the Company are made through PayPal. In the case of any transaction difficulties or mishandling of data between the Member and PayPal, the Company may require, as a condition of Membership, the Member to deal directly with PayPal.

Term 11: Banned Activities

1. You agree that the material and content contained within or provided by the Company is for your own personal use only and may not be used for commercial purposes or distributed commercially.

2. You may not conduct any acts that are counter to internationally acceptable laws and statutes, including but not restricted to Copyright Infringement Laws, Privacy Laws, Patent Infringement Laws, and Human Rights Abuse Laws.

3. You may not mirror any material contained on the Site or any other material provided to you through the web lesson.

4. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts which would cause the whole or part of service to be interrupted, damaged, rendered less efficient or impaired in any way.

5. You, the Member personally or through any third party, agree not to use the Service for any improper, immoral, fraudulent or unlawful purposes or to send receive, upload, download, use or reuse any material which is offensive, abusive, indecent, defamatory, obscene, or menacing.

6. You, the Member personally or through any third party, agree not to use the Service for any political, religious, or other acts that may be deemed as similar.

7. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts which are considered defamatory to the Company.

8. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts which are considered indecent, a nuisance, or inconvenient to the Service provided by the Company.

9. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts which are considered criminal by accepted law.

10. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts which are considered damaging to the Company and the Service in any way.

11. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts which appear to be criminal by reasonable observance.

12. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts or prepare to conduct acts that are damaging to the Service or the Company.

13. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to divulge information that is false or other than truthful.

14. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts or prepare to conduct acts that are profit motivated or are aimed at financial gain.

15. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts or prepare to conduct acts that are considered harmful to minors.

16. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts or prepare to conduct acts that are deemed offensive, abusive, indecent, defamatory, obscene, menacing or damaging to the Service, the Company, and/or its Members.

17. You, the Member personally or through any third party, agree not to use the Service made available to you on the Site to conduct acts or prepare to conduct acts that deemed to be racially discriminatory or conduct any form of discrimination.

18. You, the Member personally or through any third party, agree not to conduct any act not mentioned above that the Company judges to be unacceptable.

Term 12: Suspension or Revocation of Membership

The Company may terminate the Terms and revoke Membership at any time in whole or in part with immediate effect if:

1. You fail to comply with any terms of this agreement; or

2. You supply information to the Company which the Company deems false or misleading, or under circumstances laid out in Term 2 and/or Term 11; or

3. You are found to have misused your password or username; or

4. You are found to have behaved in a way that is unacceptable by the Company; or

5. You are found to have behaved in a way which is underhanded and/or criminal; or

6. You are found to have misused the System for financial gain; or

7. You have failed to pay Membership fees; or

8. You are found to have behaved in a way which is discriminatory, defamatory, offensive, of an obscene or menacing character, or which in the Company's judgment causes nuisance, annoyance, inconvenience to any of the Members or teachers; or

9. The Company has made numerous attempts but has been unable to contact the Member; or

10. You, the Member personally or through any third party, violate any term laid out herein; or

11. You conduct yourself or incite or cause others to act in a way that is unacceptable by the Company.

Term 13: Change of Service and Termination of Service

1. The Company reserves the right to change or terminate the Terms of the Service after a disclosure of changes is made to all Members.

2. The Company reserves the right to change or terminate or the Terms of the Service to any Members who contravene the terms as set out herein.

Term 14: Postponement of Service and Termination of Service

1. The Company reserves the right to postpone Service for any technical or other reasons deemed necessary for the continuity of service. In such instances the Company will attempt to inform the affected Members in advance.

2. The Company cannot take responsibility for any loss incurred by postponement or termination of Service resulting from third-party, illegal, or disruptive behavior.

Term 15: Indemnity

1. The Company cannot by responsible for losses suffered due to an inability to provide the Service caused by any factor outside the Company's control, including but not limited to technical breakdown, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.

2. The Company will not be liable to Members in the following circumstances:

1. Any dissatisfaction by Members failing to reach their individual academic or other goals.

2. As explained in Term 9, the inability of a Member to find a lesson schedule to match the Member's preferred method or motive of study.

3. Any information sent from the Company's computer is not received by the Member's computer.

4. Any difficulties that may arise due the time difference between the Member's location and the Company's location or the physical location of the Site.

5. If, unbeknownst to the Company, information sent from the Company contains elements of falsehood.

6. The Service is inexplicably or unforeseeably interrupted.

7. The Member's computer or access to the Service is interrupted or terminated by and restricted to Internet services and providers, the Company's system failure, natural disasters, political acts, or war.
3. In no case is the Company liable for any losses a Member suffers if the Company is unable to provide the Service to the Member because of any factor outside the Company's control, including but not limited to technical breakdown, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.

4. The Company is not responsible for loss incurred by Members who violate the terms set forth herein.

5. The Company cannot guarantee the Service in the event of failure to satisfy.

Term 16

The company cannot take responsibility for any mental, physical, financial, or other damage that results from the cancellation, postponement, or inability to use the Service by Members or any other third parties acting on a Member's behalf.

Term 17: Copyright Violation

1. The system, layout, design, and content of the Site are protected by copyright and may not be reproduced, mirrored, mimicked, reverse engineered, or broadcast without the express permission of the Company.

2. By submitting as a researcher or contributor any content or material to or through the Site, you do so with the knowledge that the Company or the Site may copy, modify, distribute or create a derivative work from that content in any form. You warrant that the content or material is fit for these purposes and agree to indemnify the Company against all current or future claims. You warrant and grant to the Site a non-exclusive license to copy, modify, distribute, and/or create a derivative work from that content or material or make use of any concepts described in the content in the Company's products or services without liability. You further agree not to take action against the Company in relation to our use, non-use, modification, distribution, or other actions taken with respect to your content or material. You also grant the Site and the Company the right to use such content for personal, non-commercial purposes.

Term 18: Change of Ownership.

If there is a change of ownership that affects the Service in any way, the Company will inform the Members as soon as possible.

Term 19: Jurisdiction of the Terms.

The Terms take effect under the National Law of Japan, and under International Internet Protocol.

Term 20: Legal Action

If any legal action is sought or is to be brought against the Company, the District Court of Fukuoka, Kyushu, Japan is the court of first jurisdiction. The burden of any legal fees shall not be borne by the Company unless thus ordered to do so.

Term 21: Applicable Language

This English-language document is a translation of the original terms and conditions as set out in the original Japanese text on this site. The Japanese text takes legal precedent.

Took effect on February 14, 2006
Modified April 10, 2006
Modified February 14, 2007
Modified September 25, 2008
Modified March 16, 2009
Modified April 1, 2010