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About rules

Nihon Hoshoku Co., Ltd. (hereinafter known as "the First Party") sets forth this User Agreement for users or people who wish to become users (hereinafter referred to as "the Second Party") of all the services supplied by the site operated by the First Party (hereinafter referred to as "the Services") which is known as "\100 English Conversation with Parrots-kun" (hereinafter referred to as "the School"). Furthermore, in using the Services, the Second Party is deemed to have agreed unconditionally with the contents of this Agreement. If the Second Party is not yet in senior high school, there needs to be an agreement with their legal representative, such as someone with parental authority, who will pay for the use of the Services. Moreover, if the Second Party has graduated from senior high school but is less than 20 years of age, or is under 20 years of age but not a high school student, they must obtain consent from their legal representative, such as someone with parental authority, before using the Services.


Article 1 (Scope of this User)
The scope of this User Agreement also includes information stipulated on the School's web site, as well as any information sent from the First Party to the Second Party via e-mail or other means of communication. 

Article 2 (Member Registration at the School)
Clause 1. The Second Party shall register as a member of the School in accordance to procedures stipulated by the First Party. In registering as a member with the School, the Second Party agrees to do the following:
1. Read this Agreement carefully and agree to its contents before registering as a member with the School.
2. Install Skype.
3. Register truthful and accurate information including name, e-mail address, password, and other data items. The Second Party shall also take responsibility to store and strictly safeguard this registered information.
4. Verify that their communication environment will not hinder their use of the Services.
5. Acknowledge that agreement from a legal representative, such as someone with parental authority, is required when the Second Party is not yet in senior high school. Furthermore, if the Second Party has graduated from senior high school but is less than 20 years of age, or is under 20 years of age but is not a high school student who has completed compulsory education, they must obtain consent from their legal representative, such as someone with parental authority, before using the Services.
6. Make payment for using the Services using the payment methods stipulated by the First Party.
7. Acknowledge that the First Party shall display the Second Party's registered Skype name on the School's reservations page for the purpose of providing a lesson.
8. Acknowledge that members are registered only as individuals; the Second Party shall not register as a member on behalf of a company or other organizations. Furthermore, membership rights cannot be shared with others (including family members).

Clause 2. The Second Party's membership registration with the School is deemed to have been completed upon notification via e-mail from the First Party in relation to the registration process defined in the preceding clause. However, the First Party may limit use of the Services until payment of the Second Party's fee has been confirmed.


Article 3 (Prohibited Conduct)
Clause 1. The Second Party must not exhibit or be in danger of exhibiting the following forms of conduct when using the Services:
1. Transferring, allowing use, selling, changing name, pledging or offering as collateral to others the rights of the Second Party to use the Services.
2. Infringing on the First Party's copyright, patent rights, utility model rights, design rights, trademark rights, image rights, publicity rights or privacy rights.
3. Behavior that is illegal or goes against public order and morals.
4. Behavior that hinders the operation of the Services.
5. Using the Services as a business, for commercial purposes, or for preparations thereof.
6. Slanderous or abusive behavior, or behavior that damages the reputation and credibility of other users of the Services or the First Party (including the School's staff).
7. Encouraging or promoting illegal acts in other users of the Services.
8. Behavior that causes other users of the Services to suffer disadvantages or financial/emotional damages.
9. Behavior that generates business trade or financial benefit among other users of the Services.
10. Maintaining personal contact outside of the Services with others users who the Second Party has met through the Services.
11. Menacing, obscene, disorderly, or disgusting behavior, as well as verbal abuse, defamation of character, or related behaviors thereof against other users of the Services or the First Party (including the School's staff).
12. Criminal behavior or behavior that is connected with criminal acts.
13. Sending false information.
14. Participating in electoral campaigns, religious activities, or related behaviors thereof.
15. Using the Services to publish, disclose, supply, or send information to others, which can be linked to discrimination or considered to be questionable from an ethical point of view.
16. Harassing or antisocial behavior against teachers, or any harassing behavior that hinders the progress of a lesson. Furthermore, the acknowledgement of harassing behavior shall be ascertained by the First Party upon verification of the facts.
17. Inquiring into confidential information that is generally undisclosed by the First Party such as a teacher's employment conditions, the location of the School, the Internet connection, etc.
18. Any attempt to make personal contact directly, or via proxy, with a teacher via e-mail, whether using online or offline methods.
19. Encouraging teachers to work for services/companies that are in competition with the First Party.
20. Using one account between multiple members.
21. Participating in a lesson by holding multiple accounts, using one account to book a lesson, then canceling it, then re-booking the same lesson straight after using another account.
22. Any other behavior considered as inappropriate by the First Party.

Clause 2. If the Second Party exhibits any behavior defined in Items 5, 10, 17, 18 and 19 of the preceding clause, and this behavior has been the primary cause of situations such as the ones listed below, then the Second Party shall pay the First Party compensation amounting to one million yen per affected teacher, and this liability shall be applicable even after the Second Party's cancellation of membership.
1. The teacher has ceased to continue working for the First Party.
2. The teacher has started working for a service/company that is in competition with the First Party.


Clause 3. If the Second Party exhibits any behavior defined in Clause 1 of this Article, and as a consequence the First Party sustains some damages, the Second Party shall be liable to pay compensation to the First Party. 

Clause 4. If the First Party deems that the Second Party has exhibited or is in danger of exhibiting any behavior defined in Clause 1 of this Article, the First Party shall delete any material related to the behavior (produced works, opinions, etc.) without any prior notice or agreement from the Second Party, and may also restrict their rights. 

Clause 5. If the First Party deems that the Second Party has exhibited any behavior defined in Clause 1 of this Article, and which is considered to be serious and malicious, the First Party shall forcibly cancel their membership without any prior notice or agreement from the Second Party, and may also prohibit their future use of the Services. 


Article 4 (Refusal/Cancellation of Registration)
Clause 1. The First Party may refuse registration or cancel a registration if the Second Party falls into one of the following cases. Furthermore, any payments already processed shall not be refunded.
1. If the Second Party does not comply with this Agreement.
2. If the Second Party does not actually exist.
3. If the Second Party registers as a member pretending to be somebody else.
4. If the Second Party has entered false, erroneous, or incomplete information during registration.
5. If the Second Party is already registered as a member.
6. If the Second Party has been revoked approval by the First Party in the past.
7. If the designated bank account or credit card of the Second Party has been suspended, or is undergoing any other similar process.
8. If the Second Party has neglected to make payments in the past.
9. If the Second Party is a minor, adult ward, warrantee, or person with limited guardianship, and has not obtained prior consent from a guardian, legal guardian, etc. at the time of registration.
10. If the Second Party has exhibited prohibited behavior defined in the preceding article.
11. If the First Party deems that the Second Party has acted inappropriately in relation to the Services for any other reason.

Clause 2. If the Second Party has made inappropriate use of the First Party's services as defined in Items 2, 4, 5 and 10 of the preceding clause, the First Party shall claim \10,000 from the Second Party for each instance of inappropriate use. Furthermore, this liability shall be applicable even after the Second Party's cancellation of membership.


Article 5 (User Agreement Changes)
The First Party may change, amend, or add new regulations to this User Agreement without obtaining prior agreement from the Second Party. Furthermore, the Second Party acknowledges that any changes, amendments, or addition of regulations to this User Agreement, whether before or after the regulations are set, are deemed to come into effect when they are published on the School's web site, or when the First Party notifies the Second Party of these changes via e-mail. 


Article 6 (Changes to Registered Information) If there are any changes to the Second Party's registered information with the First Party, the Second Party shall follow the appropriate procedures without delay for changing said information. The First Party shall take no responsibility whatsoever for any damage or inconvenience caused to the Second Party as a result of the Second Party's neglect to change said registered information. 


Article 7 (Handling of Registered Information)
Clause 1. The First Party manages the Second Party's registered information in accordance with the Privacy Policy stipulated separately by the First Party. However, the First Party may supply/disclose the Second Party's registered information to third parties in the cases shown below:
1. With consent from the Second Party.
2. When the First Party is required to disclose said information by public organizations based on regulations stipulated by the law, etc.
3. When publishing nicknames registered using alphabet characters on the Services' reservations page, etc.

Clause 2. The Second Party handles and stores registered information under strict control. The Second Party is deemed to be responsible for any damages caused by any lapse in memory, loss, or inappropriate management of registered information by the Second Party, with no responsibility whatsoever being borne by the First Party. Furthermore, if the Second Party finds out that their own registered information has been misused by a third party, the Second Party must notify the First Party straight away with this regard and follow their instructions. 


Article 8 (Suspension/Reinstatement/Cancellation of Membership)
Clause 1
1. The Second Party may cancel their membership by following set cancellation procedures. The Second Party should fill in the necessary data items in a designated cancellation form, which should then be sent to the First Party. The First Party shall then acknowledge completion of their procedure by way of notification via e-mail or other similar means. When the Second Party receives such a notification then the cancellation is deemed to be complete. If the First Party receives a cancellation request up to 5 days before the monthly payment date, based on Japanese time, there shall be no payment required by the Second Party from that point onward. By canceling their membership, the Second Party loses all rights in relation to the Services and shall not be able to make any claim whatsoever from the First Party.
2. After cancellation of their membership, if the Second Party wishes to register for using the Services again, they will need to follow the registration procedure once more.

Clause 2
1. If the Second Party wishes to suspend their membership, they should notify the First Party up to one month before their desired suspension date. If the First Party receives a suspension request over a month before their monthly payment date, they shall not be liable to pay for the following month.
2. Suspensions are allowed for a maximum of 6 months. However, suspensions cannot be backdated.
3. If the Second Party wishes to reinstate their membership, they should notify the First Party up to 3 days before their desired reinstatement date.
4. The First Party shall notify the Second Party via e-mail once 6 months have passed since their suspension of membership. However, if there is no notification from the Second Party about their wish to reinstate their membership, the First Party shall deem that the Second Party does not wish to continue using the Services and cancel their membership.


Article 9 (Service Regulations)
The Second Party is deemed to have agreed beforehand with each of the following service regulations, and shall abide by them:
Clause 1. In order to use the Services, The Second Party can make payment for the service usage fee as stipulated separately by the First Party using one of the methods shown below. The First Party shall send an e-mail notification with regard to where payments should be sent to, once the Second Party has filled in a designated form for paid services.
1. Pay the usage fee for one month via credit card.
2. Pay the usage fee for one month via bank transfer.


Clause 2
1. Once the Second Party has made a payment as defined in Clause 1 of the preceding clause, and as long as they have not followed a cancellation procedure for use of the Services as defined in the previous article, it will be deemed that the Second Party wishes to continue using the Services and their user registration shall be renewed continuously based on the same fee, on expiration of the validity of their membership, which is one month after their original payment date.
2. If the Second Party has made a payment based on Item 2 of the preceding clause, and if they have not followed the procedure for use of the Services as defined in the next article, the First Party shall send a communication, via e-mail or other means, within 35 days from when the e-mail confirmation for their payment was sent by the First Party, inquiring whether the Second Party wishes to continue using the Services. If the Second Party wishes to continue using the Services, then they will need to make a payment for the usage fee for one month. However, if there is no communication from the Second Party and payment cannot be confirmed, then their membership shall be suspended or canceled.
Clause 3. If the Second Party has made a payment based on Item 2, Clause 1 of this Article, has used the Services for one month, and wishes to continue using the Services, the Second Party will need to follow the procedure for continuing use of the Services as designated by the First Party, within 30 days from when the e-mail confirmation for their payment was sent by the First Party, and make a payment for the usage fee for one month.
Clause 4. Regardless of what is stipulated on the preceding clause, usage fees may be refunded in the cases shown below, defined as the usage fee refund period:
1. If the Second Party has paid the usage fee for the Services for the first time using the method defined in Item 1, Clause 1 of this Article, and has sent a cancellation request as defined in the preceding article within 8 days from when the e-mail confirmation for their payment was sent by the First Party, as well as requested a refund, then the First Party shall refund the one month usage fee already paid by the Second Party minus a refund handling charge of \1,000. However, if the Second Party were to sign up for membership 2 times or more using the same credit card, or using the same account with different payment methods, or using the same ID, then the Second Party shall be charged from the second time onward even if cancellation is requested within 8 days of payment.
2. If the Second Party has paid the usage fee for the Services for the first time using the method defined in Item 1, Clause 2 of this Article, and has sent a cancellation request as defined in the preceding article within 8 days from when the e-mail confirmation for their payment was sent by the First Party, as well as requested a refund, then the First Party shall refund the one month usage fee already paid by the Second Party minus a refund handling charge of \1,000. However, if the Second Party were to sign up for membership 2 times or more using the same account or ID, then the Second Party shall be charged from the second time onward even if cancellation is requested within 8 days of payment.

Clause 5. The First Party shall record information obtained during lessons in order to provide the Second Party with a consistent service.
Clause 6. The information obtained as defined in the preceding clause may include personal information about the Second Party.
Clause 7. The information obtained by the First Party as defined in Clause 5 and 6 shall only be used for providing services to the Second Party.
Clause 8. The First Party may monitor the services supplied in order to ensure their smooth operation. It is deemed that the Second Party acknowledges and agrees that the First Party may monitor the lessons taken by the Second Party.
Clause 9. The Second Party can attend lessons based on the following regulations:
1. Lessons taken by the Second Party last 25 minutes each.
2. The Second Party may take up to two lessons per day (50 minutes).
3. Lessons must be booked and taken using the methods prescribed by the School.
4. The dates and times for the lessons, and for reserving lessons, are based on Japanese time.
5. Lessons may be reserved from one week to two hours before the lessons.
6. Reservation details cannot be changed.
7. Reservations may be canceled up to an hour before the lesson.
8. If the lesson cannot take place due to reasons not attributable to the Second Party, then the Second Party may take a lesson with a different teacher, or may also rearrange another lesson with the same teacher on a different date and time.
9. Lessons can be rescheduled up to two times in one day without additional cost.
10. If the Second Party is late for the lesson by more than 11 minutes, it shall be deemed that they no longer wish to take part on the lesson and their absence shall be recorded.
11. If a lesson starts late due to reasons not attributable to the Second Party, the lesson may be extended to make up for the lost time.


Article 10 (Service Provision Period)
Clause 1. Based on Article 2, Clause 2 of this Agreement, the Second Party may start using the Services from the day the First Party approves the Second Party's registration for using the Services. 
Clause 2. The Second Party may stop using the Services as stipulated in Article 4 and 8 of this Agreement. However, if the use of the Services is stopped due to reasons stipulated in Article 4, then the date for stopping the use of the Services is defined as the day when the First Party notifies the Second Party to this effect; if the use of the Services is stopped due to reasons stipulated in Article 8, then the date for stopping the use of the Services is defined as 5 days after the Second Party has notified the First Party of their intention to cancel their membership.


Article 11 (Service Suspension/Termination)
Clause 1. The First Party may notify the Second Party, via the web site or e-mail, of interruption or termination of the Services, prior to or after the fact. Furthermore, the First Party may suspend the Services when their provision is made difficult due to reasons not attributable to the First Party such as issues with Skype, political situations at national or international levels, natural disasters, etc. 

Clause 2. The First Party may not be able to supply the Services, or may offer considerable reduced number of lessons compared to normal, during national holidays in the Philippines (Holy Week, Christmas, etc.). The First Party may notify the Second Party beforehand of service interruptions, or reduced number of lessons due to national holidays in the Philippines, via the web site or e-mail. 


Article 12 (Information Distribution)
The First Party may send the Second Party e-mails containing notifications, advertisements, surveys, etc. 


Article 13 (Use of Skype)
The First Party provides the Services using the services supplied by Skype. The Second Party agrees to the following in relation to the usage of Skype:
1. The Second Party agrees to use the telephone call functionality provided by Skype, and to abide by the user agreement stipulated by Skype.
2. It is the Second Party's responsibility to download the telephone call software and become acquainted with its functionality before using the Services.
3. The First Party shall take no responsibility whatsoever for any fault or misconfiguration found on the telephone call software, or any hardware required to use the software, which causes the Second Party to be unable to use the Services.
4. The First Party shall take no responsibility whatsoever for any fault with the functionality provided by the telephone call software which may arise after the start of a lesson.
5. The Second Party shall open any files or URLs external to the School, which are sent to them by the teacher via the chat functionality on Skype, completely at their own risk. The First Party shall take no responsibility whatsoever for any damage caused by virus infections, etc. that may have been caused by any files or URLs sent by the teacher.
6. The Skype name registered by the Second Party is shown to the teacher on the Services' reservations page for the purpose of providing the lessons. The Second Party's registered Skype name, in accordance with the First Party's separately stipulated privacy policy, is out of scope in relation to the First Party's reasonable and necessary preventative measures for the protection and storage of personal information.
7. If the Second Party does not wish to disclose a particular Skype name to the teacher, such as the Skype name they use for private purposes, then the Second Party shall take reasonable and necessary measures for storing and protecting their own personal information, such as obtaining a special Skype name for use with the First Party, registering this Skype name with the First Party and using it for the lessons.
8. The First Party shall take no responsibility whatsoever for any trouble encountered in the use of Skype. Furthermore, the First Party shall not accept any inquiries in relation to the services supplied by Skype.


Article 14 (Limitation of Liability)
The Second Party agrees that the First Party shall not be liable for any damages caused by or in relation to the reasons defined below:
1. The use or inability to use the Services.
2. Any sending of information, as well as any unauthorized access or changes to data of the Second Party.
3. Any verbal or written communication, as well as behavior by a third party during the use of the Services.
4. The learning effects, etc. in using the Services.
5. Any damages caused by information conveyed by the Second Party during the lessons.
6. In the following circumstances when using the Services, even if the Second Party has not been able to make satisfactory use of the Services:
1) When not enough lessons are provided due to a sudden decrease in lesson availability, caused by a sudden increase in student numbers or communication issues in the Philippines.
2) When the Second Party cannot book a lesson for their desired time slots.
3] When the Second Party cannot book a lesson with a particular teacher.
4] When it has been unavoidable to suspend a lesson due to power outages or communication issues experienced in the Philippines.
7. Any other aspects related the Services.


Article 15 (Copyright/Ownership)
Copyright and ownership rights of all trademarks, logomarks and published information in relation to the Services belong to the First Party. The First Party prohibits the Second Party from using any of these without permission.


Article 16 (Governing Law/Exclusive Jurisdiction Court)
This Agreement is governed by and interpreted under the laws of Japan. Furthermore, any disputes that arise between The First Party and the Second Party in relation to the Services or this User Agreement shall come under the jurisdiction of the Asahikawa District Court as exclusive court of first instance.


Supplementary notes: this Agreement is valid as of September 1st, 2011
Supplementary notes: this Agreement was amended on November 12th, 2011.


 

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