Terms of Use

By registering as a member of the "Japanese Online Institute", it is deemed that you have unconditionally accepted the contents of these Terms and agreed to and agreed to comply with the rules, so please be sure to read and agree before registering and using the site. If you do not agree to these terms and conditions, please refrain from registering or using the membership.

Terms and Conditions for Membership of the “Japanese Online Institute”

Earth Communications Co., Ltd (hereinafter referred to as "the Company") has established the following Terms and Conditions to apply to all relationships between the Company and its members (those who have applied to the Company to use the Service, have been approved by the Company, and have been granted membership) regarding the use of all services (hereinafter referred to as the "Service") provided on by the "Japanese Online Institute" website and additional services (hereinafter referred to as the "Site") operated by the Company.

Article 1 Scope and amendments to the Terms and Conditions

1. These Terms of Use shall apply to the Company and members with respect to the use of the Service, and members shall in good faith comply with these Terms when using the Service.

2. The explanation of the service outside of this agreement, such as the FAQ and pages regarding explanations and attendance of the Service outside these Terms (hereinafter referred to as "individual regulations") shall constitute part of this agreement, and if the content of the individual regulations differs from this agreement, the individual regulations shall take precedence and be applied.

3. When the Company changes these Terms of Use, the Company shall be able to change or add new provisions after notifying the Member in advance of these Terms of Use on the Site in a manner that the Company considers reasonable, such as electronic mail. In addition, the member acknowledges in advance that the revised Terms of Use shall apply to all members before or after the revision.

(1) The modifications in the Terms and Conditions are in the general interest of the Member.
(2) The modifications to the Terms and Conditions are not contrary to the purpose for which the contract was made, and is reasonable in light of the circumstances surrounding the modifications, including the necessity of the modifications, the reasonableness of the content of the modifications, and the existence of the provision that the modifications may be made, and other circumstances relating to the modifications.

Article 2 Membership registration

1. Those who wish to become members (hereinafter referred to as "prospective members"), will register as members in accordance with the procedures prescribed below and other procedures of the Company. However, if the prospective member is under 20 years of age, it is necessary to obtain the consent of a parent or legal guardian.

(1) After reading these Terms of Use carefully and agreeing to be bound by the contents, register as a member by the method of consent confirmation separately specified by the Company.
(2) Agreeing to pay the usage fee by the payment method specified by the Company.
(3) You must be truthful and accurate in providing your name, email address and all other details required by us on the Enrolment form.
(4) Members are only individuals and cannot register as members under the name of the company or other corporation. If you wish to register as a member of a corporation, please contact us separately.
(5) Membership rights may not be shared by more than one person, nor may they be transferred or sold to another person, nor may they be exercised by any person other than the registered member.

2. 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 does not exist.
(2) If the applicant is already a member.
(3) When the applicant has been suspended from membership due to a violation of these Terms in the past, or if the membership has been canceled due to a violation of these Terms in the past.
(4) Information provided by the Applicant in the registration process has been deemed untrue, misleading, incomplete or in any manner incomprehensible.
(5) When the use of the credit card or payment account designated by the applicant is suspended by a credit card company, storage agency, financial institution, etc.
(6) If the prospective member has previously been a member and has had an inappropriate payment of fees record in the past.
(7) If the prospective member is a minor, an adult ward, a person under curatorship, or a person under assistance, and the consent of a guardian, legal guardian, etc. has not been obtained at the time of membership registration application.
(8) In the case of use outside the purpose of this service (to provide Japanese language learning to non-native speakers of Japanese).
(9) In addition, when the prospective member falls under any of the reasons for suspension or cancellation of membership stipulated in Article 12.
(10) In addition, when the Company deems it inappropriate to make the prospective member a member.

3. Regarding Item 7 of the preceding Paragraph, if a prospective member about having the consent of a guardian or legal guardian to use the service, you may not cancel any legal acts made on the Service. In addition, if a member who was a minor at the time of agreeing to these Terms of Use but uses the Service after reaching the age of adult, the member shall be deemed to have accepted all legal actions previously taken on the Service.

Article 3 Membership

1. The membership qualification is acquired at the time when the prospective member completes the membership registration procedure in accordance with Article 2 and is registered as a member. In addition, at the time of acquisition of membership, the Company and the member shall be deemed to have formed a contract based on this Agreement (hereinafter referred to as the "Agreement").

2. Despite the preceding paragraph, , in the event that a member whose application has been accepted by the Company is found to fall under any of the grounds set out in Article 2.2, the Company may cancel such acceptance after approval of the membership registration.

Article 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. Please note that it is not possible to change your registered name, except in cases where we have given our approval, such as a change of surname due to marriage.

2. The onus of disclosure lies on the Member. The Company shall not be liable for any communication by email that is not received and this will be regarded as undisclosed.

Article 5 Handling of Member Information

1. Member information provided by members will be managed based on the Company's privacy policy.

Article 6 Methods of notification to members

1. Notifications from the Company to members shall be made by a method that the Company deems appropriate, such as posting the contents of the notification by e-mail or on this site.

2. In accordance with the provisions of the preceding paragraph, if the Company notifies the member by e-mail, the Company shall be deemed to have notified the member when the e-mail is sent to the member's e-mail address, and if the Company notifies the member by posting on this website, the notification shall be deemed to have been made on the date the contents are posted on this website.

Article 7 Management of IDs and Passwords

1. In order to receive the provision of this service, the member shall use the ID and password set at the time of the membership registration procedure.

2. The member shall be responsible for the management of the ID and password set after the member registration procedure.

3. Members shall not allow a third party to use their ID and password, lend, transfer, change the name, buy or sell, pawn, etc.

4, The Member shall be liable for damages caused by insufficient management of IDs and passwords, errors in use, use by third parties, etc., and the Company shall not be liable.

5. If the Member learns that his/her ID and password have been stolen or used by a third party, he/she shall immediately notify the Company to that effect and, if instructed by the Company, comply with the instructions.

Article 8 Fees for using the Service, etc.

1. Under the Terms, you agree the fees of service, calculation method and payment method, etc. via credit card, PayPal transfer, or direct bank transfer the charges as set forth on the Site.

2. Members may use the services provided by the Company with the consent of the Company by e-mail sent after confirming the payment after completing the membership registration procedure on this site.

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

Article 9 Service Regulations

Members agree and comply with the following service rules in advance.

1. Lesson ticket (package) system
For the tickets that we provide on this site, the period of validity is from the time when you start using this service due to the purchase of the ticket to the period of time specified for each ticket, and you can use this service using the same period of validity (hereinafter referred to as the "package deadline").

2. Attendance Regulations

(1) The lessons available under the price package will only be available to members who have checked the lesson schedule, which is available only to members, in our booking system and who have followed the procedure for booking lessons on this site.

(2) Members shall log in to the site before the scheduled start time of the lesson at their own responsibility. The company shall not be held responsible for any late arrivals, early departures, absences, or other troubles due to the circumstances of the members that prevent them from attending lectures.

(3) Depending on the curriculum, instructor, and date and time, you may not necessarily be able to take lessons that you wish to attend. The number of lessons available in the lesson ticket (package) purchase settings does not guarantee that the curriculum and lessons provided on this site will be available within the validity period under the conditions of the instructor and the date and time of the lessons and availability of seats in the lessons.

(4) Tickets that have passed the package deadline will be invalid for any reason, including cases where the lessons desired by the member cannot be booked or taken within the package deadline.

(5) If a member cancels the lesson reservation after performing the lesson reservation procedure prescribed on this site, the procedure must be carried out by the prescribed method by the prescribed deadline of this site.

(6) All tickets have a expiration date. The expiration time of the tickets is midnight 0:00 (Japan time).

(7) The tickets sold by the Company are of three types of packages (1. Flex Lesson Tickets 2. Private Gold Lesson Tickets 3. Private Silver Lesson tickets). It is not possible to change the type of lesson package purchased during the course of use.

(8) If you do not use your tickets before the expiry date, you can purchase a new package of tickets before the expiration date and thus extend the expiration date of the tickets you already have, up to the expiry date of the newly purchased ticket. However, this method of extension is limited to once.
By once, this means that only the tickets from the previous package can be extended.
Any remaining lesson tickets from a package before the previous package will not extend further even with a new purchase.
It does not apply if you purchase a ticket of a different package type.
Please note that due to this service change or scheduled termination on December 29, 2022, all tickets may become unusable after December 29, 2022. （Please use the extension system at your own risk - including tickets held for extension). We will not be able to refund any of your remaining tickets as of December 29, 2022.
In addition, the Company may revise or abolish the ticket extension system (8) stipulated in this item without prior notice, and the member agrees to this in advance.

(9) The Company reserves the right to cancel a lesson reservation if the tutor is unable to conduct the lesson due to circumstances. In this case, the ticket for the lesson will be refunded.

(10) After purchasing a ticket, the day of the week or time of the lessons provided by the Company may be changed without prior notice due to circumstances of the teacher or school, and members agree to this in advance.

(11) If the teacher becomes unavailable for a private lesson and is unable to continue, we will try to offer an alternative teacher or transfer the private lesson tickets to Flex lesson tickets, but will not refund the private lesson tickets due to the changes of the circumstances of the teacher involved.

(12) Members may not communicate with lecturers in any manner other than those approved by the Company.

(13) Members must not take photographs (including captures), download screens, video record or make audio recordings of the lessons.

3. Refunds, etc.

1. Tickets purchased by the Member will not be returned or refunded by the Company, except in the case of cooling off or mid-term cancellation as set out in these Terms and Conditions. In addition, even if it is difficult to use the Service due to a failure such as the member's communication environment, computer environment, Internet connection and connection status, or if the Service cannot be used, we will not return or refund it as well. In addition, we will not return or refund lessons in the same way if the lessons are temporarily made difficult to use due to the Company’s system failure, or due to internet or system failure caused by international internet connection, political situation, natural disaster, etc.

However, for members who have purchased a lesson package in Japan where the price paid to purchase the lesson package is more than 50,000 yen and the tickets expire in more than 2 months at the time of purchase, we will accept cooling off and mid-term cancellation upon application in the following form.

【Mid-term cancellation】

If you make a cancellation request after the cooling-off period, we will refund the remaining payment for unused tickets after the following cancellation fee etc. To cancel, please inform the member's name, user ID, address, telephone number, lesson package name, contract amount, and cancellation.

1, If you have not received our services after the cooling-off period. (If you have not used the tickets at all)

The unused ticket price will be converted by the unit price at the time of purchase × the number of unused tickets.
A cancellation fee of 15,000 yen will be used.
The transfer fee at the time of refund will be borne by the member.

2, After the cooling-off period ends, if the member has already received the service (after using the ticket), asks for a refund of unused tickets.

In the case of unused tickets, the unused ticket price will be converted by the unit price at the time of purchase × the number of unused tickets.
The cancellation fee is 20% or the lower price of 50,000 yen of the unused ticket price.
The transfer fee at the time of refund will be borne by the member.

Article 10 Responsibilities of Members

In addition to complying with the provisions of these Terms and Conditions, Members shall also comply with the following

1. Members shall not use the Services provided by the Company for illegal purposes.

2. Since the Service is provided by the Internet, members must comply with these Terms and Conditions as well as the rules, policies, and procedures generally observed on the Internet.

3. Members must comply with the procedures and security measures set out by the Company in transmitting to the Company any registration information with the Service ("Registration Information"). If you fail to comply with this, the Company will not bear any responsibility for the consequences.

4. Members shall not assign or allow a third party to use their rights and obligations as a member of the Service, or sell, transfer, pledge or otherwise encumber them.

5. In the event that a Member has a dispute with a credit card company, a substitute agent, etc. regarding payment related to the Service over fees or other debts, the Member shall resolve the dispute between the parties concerned.

Article 11 Prohibited Acts of Members

1. Members shall not engage in any of the following acts or acts that may fall under the following when using the Service.

(1) Providing connections (login information etc.) to the Service to a third party without the prior approval of the Company.
(2) Acts infringing on the copyrights, patent rights, utility model rights, design rights, trademark rights, portrait rights, publicity rights, privacy rights or any other rights of other members or third parties (including the teachers) or the Company.　
(3) Acts that slander, defame, or damage the honor or credibility of other members or third parties (including the teachers) or the Company.
(4)Election or political campaigning, religious activities or similar activities.
(5) Actions relating to personal or organization publicity.
(6) Acts contrary to public order and morals.
(7) Acts that violate or may violate laws and regulations.
(8) Acts that interfere with the operation of the Service.
(9) Criminal acts and acts that lead to criminal acts.
(10) Acts of using the Service for business, commercial purposes, and preparation.
(11) Acts of disseminating untrue information
(12) Acts of buying and selling and financial interest between other members or third parties
(including our lecturers) in ways other than approved by the Company.
(13) Acts that are judged to have a negative impact on minors.
(14) Acts that threatening acts against other members, third parties, or the Company, including our lecturers, obscene or obscene, unselfish acts, acts similar to abusive language, and acts that give disgust.
(15) Acts of posting, disclosing, providing or sending to others through the Service that leads to discrimination or problems from an ethical point of view.
(16) The act of the member exchanging the e-mail address with the teachers.
(17) The act of the member communicating with the teachers through SNS and other services through the Internet.
(18) Meetings between lecturers and members other than for online lessons (regardless of online or offline distinction) do not apply if the teacher has obtained the consent of the Company's visit in advance.
(19) Other acts that the Company deems inappropriate.

2. If the Company determines that a member has committed the above acts, the Company may delete the acts (content, works, opinions, etc.) without prior notice and consent to the Member.

Article 12 Suspension or Cancellation of Membership

1, If a Member falls under any of the following reasons, the Company may suspend or cancel the membership without any prior notice or notice to the member.

(1) If any of the grounds set out in Article 2.2 or Article 11 are found to apply.
(2) If the IDs and passwords are used or used illegally.
(3) When the information provided by this service is changed without obtaining the consent of the Company.
(4) If the services provided by the Company's Service are used for illegal purposes.
(5) If any action is done that interferes with the operation of the Service in any manner.
(6) If the Member do not pay the usage fee for this service after the payment date has passed.
(7) When a petition for seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, etc. is filed with regard to the member.
(8) When contact with members is lost by telephone, fax, e-mail, or other means.
(9) Any relationship with antisocial forces, etc. (this means organized crime groups, organized crime group members, associate members of organized crime groups, sokaiya, right-wing organizations, antisocial forces, and other similar persons) or if the Company determines that it is engaged in any kind of exchange or involvement with antisocial forces, etc., such as cooperating or engaging in the maintenance, operation or management of antisocial forces, etc., through the provision of funds or otherwise.
(10) In the event of a violation of any of the provisions of this Agreement.
(11) In addition, if the Company deems you to be ineligible for membership.

2. In the event of termination of membership, the member concerned shall pay any debts due to the Company without delay. In addition, the Company shall not be liable to refund any fees or charges already paid, unless otherwise agreed to in writing by the Company.

3. If the Company revokes the membership of a member pursuant to this Article, the Company may invalidate the tickets held by the Member, the ID and password of the member concerned, etc. In this case, the Company shall not be liable for any damage incurred by the member or a third party due to the Company's exercise of the measures set forth in Paragraph 1.

Article 13 Changes and Termination of the Service

1. The Company may change the contents of the Service by posting on this site or notifying members by e-mail.

2. The Company may terminate the provision of the Service at the Company's convenience. In addition, if the Company changes or terminates the Service, the Member shall be notified to that effect in advance. However, this does not include cases where it is urgently unavoidable.

3. In the event of the termination of this service as set out in the previous paragraph, please note that the Company will not be able to refund tickets purchased by members.

4. The Company shall not be liable for any disadvantage or damage incurred by the Member or a third party in connection with the change or termination of the provision of the Service.

Article 14 Suspension or Suspension of the Service

1. In the event that the Company’s activities are suspended or the Company suspends the provision of this service, the Company will notify members in advance by posting a notice on this website or by email. However, if there is an urgent and reasonable reason at the discretion of the Company, the Service may be discontinued or suspended without notice to the Member. In addition, the Company may suspend or discontinue the Service for operational or technical reasons, or in the event that the Company determines that it is unable to provide the Service due to unforeseen circumstances.

2. The Company shall not be liable for any disadvantage or damage incurred by members or third parties due to the occurrence of temporary suspensions, discontinuation, or suspensions, etc. of the provision of the Service.

Article 15: Indemnity

1. Members expressly agree to use the Services at their own risk. The Company does not guarantee the content of the service (truth, accuracy, not infringement of the rights of third parties, etc.), the state of provision, the possibility of access, the state of use, etc. Members themselves should check and use the information regarding authenticity, accuracy, etc.

2. The Company is not responsible for the following:

(1) That the content of the service and the results of its use (i.e. learning effects, etc.) meet the Member's requirements.
(2) The ability to provide a schedule of lessons that meets the requirements of the Member as set out in Article 9.
(3) Whether the information sent by the Member arrives at the Company's computer system, and the information arriving at the Company's computer system is the same content as the information sent by the Member.
(4) That the Service will be provided without time differences.
(5) That the information that the Member obtains through the Service is accurate and reliable complete, applicable, current, useful, (and free of information that might make you uncomfortable).
(6) There are no defects in the Service.
(7) When it is difficult to use the Service due to a failure of the member's communication environment, computer environment, Internet connection, connection status, etc., or the Service cannot be used. In addition, when it is temporarily difficult to use the lesson due to our system failure, or when it is difficult to use the lesson due to international Internet connections, political circumstances, natural disasters, etc.

3. The Company does not guarantee whether the actions performed by the Member using the Service are suitable for the member's specific purpose.

4. The Company makes no warranty regarding products or services purchased on this site.

5. Any advice or information obtained by the Member directly from the Company or through the Services does not constitute a guarantee beyond what is set out in these terms and conditions.

Article 16 Damages

1. The Company shall not be liable for any damages incurred by members or third parties in connection with the provision, delay, modification, interruption, suspension, cessation, or discontinuation of the Service, the loss or misappropriation of information registered or provided through the Service, or otherwise in connection with the Service.

2. In the event that the Company incurs damage as a result of a Member's conduct, the Company may claim compensation from the Member for the full amount of such damage (including legal fees incurred by the Company). (including legal fees incurred by the Company).

3. In the event that the Company receives a claim from a third party for infringement or any other reason in relation to a Member's use of the Service, the Member shall indemnify the Company for any sums the Company is obliged to pay to the third party in respect of such claim.

Article 17 Commission

We may outsource all or part of the work required to provide this service to members to a third party (including information providers who provide lessons and content).

Article 18 Attribution of Rights

1.All copyrights and intellectual property rights related to images, materials, layouts, designs, structures, systems, audio etc. on the website and the lessons provided on the website are the property of the Company, teachers, or other parties who have granted permission to the Company to use them. Any unauthorized use, copying, downloading, reproduction, reprinting, modification, translation, transfer or lending of the contents of the Site for any commercial or non-commercial purpose shall constitute an infringement of the copyright and portrait rights of the Company, tutors or any other rightful owners. In the event that a problem arises with the rights holder or a third party due to a violation of the provisions of this Article, the Member shall resolve the problem at their own responsibility and expense and shall not cause any inconvenience or damage to the Company.

2. The copyright in any work, content, idea, submission or other material submitted by the Member to the Company through the Service belongs to the Company. We reserve the right to use these submissions for any purposes , indefinitely, now and in the future, without restriction. We are under no obligation to maintain the confidentiality of these Submissions.

Article 19 Transfer of Business

In the event that the Company transfers to a third party the business relating to the services on the Internet operated by the Company, including the Service, the Company may transfer, by way of succession, sale, merger, or otherwise, all rights and obligations of the Company under this Agreement by giving prior notice to members. In this case, the member agrees that the Company may disclose the registered information to the person to whom such rights and obligations are transferred.

Article 20 Applicable Law

The laws of Japan shall apply to the formation, validity, performance and interpretation of this Agreement.

Article 21 Jurisdiction

If any dispute between the Member and the Company arising out of respect to these Terms of Use is not resolved after consultation, the Fukuoka District Court shall be agreed to be the exclusive court of jurisdiction for the first instance. In addition, all costs related to disputes (including attorneys' fees) shall be borne by the Member.

Article 22 Survival Regulations

Even after the termination, cancellation, revocation or other ending of this Agreement, any provision which by reason of the nature of its terms should naturally survive the termination of this Agreement shall remain in force after the expiry of the term.

Article 23 Applicable Language

These Terms of Use shall be based on the Original Japanese Text, and if there is translation in another language, all interpretations will be made in the original Japanese text.