USER shall read this TERMS carefully. At the time that USER applies for SERVICES, LWJ considers that USER agrees to all terms and conditions of this TERMS.
Article 1 Scope of application and amendment of this TERMS
- 1.1 This TERMS shall be applicable to both LWJ and USER regard to use of web page of LWJ (hereinafter referred to as “WEB”) and SERVICE. USER shall comply with this TERMS when USER uses WEB and SERVICES.
- 1.2 Individual provisions and additional provisions, which separately described in WEB by LWJ, constitute part of this TERMS. If any conflict arises between this TERMS and said provisions, the latter shall prevail.
- 1.3 LWJ may amend this TERMS at any time without consent by USER. When LWJ amends this TERMS, LWJ shall notify by posting the revised TERMS on WEB, which shall become effective at the time of said notification.
Article 2 SERVICES
This SERVICES refer to the following services provided on WEB among online education service of Japanese and other subjects related to Japanese which LWJ provides.
- JLPT Practice Tests
- JLPT Online Preparation Course
- Online Japanese language school (JLink Biz, JLink College, JLink Traveler)
Article 3 Application of SERVICES
- 3.1 USER shall apply for SERVICES in accordance with the procedures defined by LWJ and then USER may use SERVICES.
- 3.2 When USER applies for SERVICES, USER shall acknowledge and agree to the matters as follows.
- (1) To Read carefully, understand and comply with this TERMS.
- (2) To input all items such as name, e-mail address, country of residence, native language, etc. that are specified on application page of SERVICES in WEB (hereinafter referred to as “Registration Items”).
- (3) To prepare and maintain communication equipment, personal computer, other equipment and software, etc. , which are necessary to use SERVICES, by its own expense and responsibility.
- (4) Possible to record the necessary information in order to ensure or maintain of the consistency of SERVICES.
- (5) Possible to do notification, advertising and questionnaire, etc. by e-mail to USER about SERVICES.
- (6) Possible to record and save the inquiry from USER in order to improve customer support.
At the time that USER applies for SERVICES, LWJ considers that USER agrees to all terms and conditions of this TERMS.
LWJ shall not be liable to USER even if disadvantaged by error or inadequacy of the Registration Items.
Article 4 Cancellation after application
Cancellation after application shall not be accepted. However, when the period of service is more than two (2) months and total payment is more than fifty thousand (50,000) yen, the provisions of cooling off and termination are in effect based on the act on specified commercial transactions.
Article 5 Refusal of application
- 5.1 LWJ may refuse the application for SERVICES, if USER corresponds to any one of the reasons as follows that:
- (1) USER does not actually exist.
- (2) There are false, errors or omissions in the Registration Items.
- (3) USER has ever been refused the use of SERVICES by LWJ in the past.
- (4) Bank account, credit card or other payment service specified by USER is stopped.
- (5) USER has been delayed by payment of the fee in the past.
- (6) USER is a person with limited capacity such as minor, adult ward, person under curatorship, or person under assistance, and does not obtain the consent of legal representative, curator or assistant at the time of application.
- (7) In addition, LWJ determines that USER is unsuitable as a user of SERVICES .
Article 6 Use of SERVICES
USER shall use SERVICES using ID and password which were entered in at the time of application and according to user guide of each service.
Article 7 Management of ID and password
- 7.1 USER shall be liable for using and management of own ID and password.
- 7.2 USER shall not do lending, assignment, name change, purchase and sale, and pledge of ID and password, and shall not use ID and password to a third party even as for any kind of method.
- 7.3 USER shall be liable for damages due to the fact that ID or password is managed improperly, used incorrectly or used by the third party and so on. LWJ shall not be liable for said damages.
- 7.4 When USER becomes aware that ID or password has been stolen or used by the third party, USER shall forthwith contact to LWJ, and shall follow the instruction when receiving the instruction from LWJ.
Article 8 Change of Registration items
- 8.1 When USER has changed the Registration Items, USER shall notify to LWJ without delay by the means that LWJ determines.
- 8.2 When USER neglects the notification of the preceding paragraph, USER shall approve in advance without objection that the notification from LWJ shall be deemed to have arrived at when it should be usually arrived even if said notification did not arrive.
Article 9 Handling of Personal Information
- 9.2 LWJ shall use Personal Information only for the purposes of provision of SERVICES.
- 9.3 LWJ shall not provide or disclose Personal Information to a third party without obtaining the prior consent of USER. However, this rule does not apply to the cases as follows.
- (1) Cases in which are required to disclose based on laws and regulations or by order of the public agencies.
- (2) Cases in which provide to the third party to entrust a portion of SERVICES for the purposes of provision of SERVICES.
Article 10 Payment of fee
- 10.1 USER shall pay usage fee to LWJ by either of the methods as follows.
- (1) Credit card or other payment services
- (2) Transfer to bank account specified by LWJ
- 10.2 If the dispute occurs between USER and credit card company, receipt agent company or financial institution, the relevant parties shall resolve said dispute, LWJ shall not be liable for it.
Article 11 Notification methods
- 11.1 Unless otherwise provided by this TERMS, notification to USER from LWJ shall be done by e-mail to the e-mail address described in Registration items, by posting on WEB, or by other method which LWJ deems appropriate.
- 11.2 If the notification set forth in the preceding paragraph is done by e-mail, LWJ sends e-mail to the server which USER has contracted, and considers that the notification complete by reaching said server.
- 11.3 If the notification set forth in the paragraph 11.1 is done by posting on WEB, the notification shall be deemed to complete when ten (10) days has elapsed after posting.
Article 12 Prohibited activities
- 12.1 When USER uses SERVICES, USER shall not take any actions as set forth below.
- (1) To lend to a third party, to make a third party use, to purchase and sale, to change of name, to pledge or create any security interest about the right to use SERVICES.
- (2) To lose the trust or honor of LWJ or a third party.
- (3) To infringe or to be possibility of infringement upon copyrights, trademarks and other rights of LWJ or third party.
- (4) Illegal act and to be contrary to public order and morality.
- (5) To interfere the operation of SERVICES.
- (6) To use SERVICES for business or commercial including its preparation.
- (7) To invite or promote illegal act to other users of SERVICES and teachers.
- (8) To give economic damage, mental damage or disadvantage to other users of SERVICES and teachers.
- (9) To invite other users of SERVICES and teachers to religion or political association.
- (10) To invite teachers to work in service or company which is competition of LWJ.
- (11) To use one account in plural users.
- (12) To register plural accounts.
- (13) Other actions to be determined unsuitable by LWJ.
- 12.2 USERS shall be liable for damages to LWJ or third party as a result of an act that USER breaches set forth in the preceding paragraph. LWJ shall not be liable for said damages.
Article 13 Penalties
- 13.1 If USER corresponds to any one of the cases as follows, LWJ may suspend to use of SERVICES or cancel the registration of USER without any notice.
- (1) To correspond to any one of the reasons set forth in paragraph 5.1.
- (2) To act set forth in paragraph 12.1.
- (3) To breach any one of this TERMS.
- (4) To delay or fail to payment.
- (5) Not to follow the important instructions from LWJ upon use of SERVICES.
- (6) Cases in which LWJ determines that USER is unsuitable to use SERVICES by other reasons.
- 13.2 If USER receives a punishment by LWJ pursuant to the provision of the preceding paragraph, LWJ shall not refund any usage fee which USER has already paid.
Article 14 Interruption, termination and abolition of SERVICES
LWJ may interrupt, terminate and abolish SERVICES by prior notification to USER in accordance with article 11.
Article 15 Disclaimer
LWJ shall not be liable for damages that occur as a result of or in relation to the matters specified below.
- (1) To delay, change, interrupt or abolish SERVICES caused by force majeure such as war, riot, and natural disaster, etc.
- (2) Failure to use SERVICES caused by trouble of the service that telecommunications company provides.
- (3) Failure to use SERVICES caused by that ID or password is lost or is unavailable by negligence of USER.
- (4) Effect, efficacy, accuracy and credibility of SERVICES.
- (5) Failure to use SERVICES caused by trouble of communication equipment, personal computer and other equipment and software, etc. which are prepared by USER’s own expense and responsibility.
- (6) Safety, accuracy and recency of all information provided or linked on WDB.
- (7) Contents and use of contents on web site which is linked from or to WEB and is operated by a third party other than LWJ.
Article 16 Damages
- 16.1 LWJ shall not be liable for damages to USER and the third party, except as otherwise provided, that occur by provision, delay, change, interruption, termination or abolition of SERVICES, by outflow or disappearance of the information registered or provided through SERVICES, and in relation to SERVICE.
- 16.2 If USER causes damages to the third party by the use of SERVICES, USER shall resolve it by its own responsibility and expense, and shall not cause damage to LWJ.
- 16.3 If USER causes damages to LWJ by breaching this TERMS, LWJ may claim damages to USER.
Article 17 Copyrights
- 17.1 The copyrights of trademarks and description concerning WEB and SERVICES belong to LWJ. USER shall not use trademarks and others nor reprint them to the other web site without the prior express consent of LWJ.
- 17.2 If USER breaches the provisions set forth in the preceding paragraph, LWJ may take measures such as warning, complaint, claim damages, injunction, claim measures for restoration of honor and others on the basis of trademark law and copyright law, etc.
Article 18 Article regarding the exclusion of “boryokudan” crime syndicates
- 18.1 If USER corresponds to any one of the cases as follows, LWJ may suspend to use of SERVICES or cancel the registration of USER without any notice.
- (1) To be recognized as crime syndicate, an organized crime group member, quasi-crime syndicate member, person related to organized crime group, extortionist, and other antisocial forces member (hereinafter referred to as “Antisocial Forces”)
- (2) To be recognized that Antisocial Forces is involved substantially in the management.
- (3) To be recognized to utilize Antisocial Forces.
- (4) To be recognized to be involved with Antisocial Forces to which provides funds or donates convenience.
- (5) To have a relationship with Antisocial Forces that should be criticized socially.
- (6) To use fraudulent means, violent act or threat by own or using a third party to LWJ or concerned parties of LWJ.
- 18.2 If USER takes any one of actions as follows by own or using a third party, LWJ may suspend to use of SERVICES or cancel the registration of USER without any notice.
- (1) Request with violence
- (2) Unjust demand exceeded the legal responsibility
- (3) Transaction with threat or violence
- (4) Lose the trust of LWJ or interference of business of LWJ by rumor, fraudulent means or power.
- (5) Other actions pursuant to the preceding items.
- 18.3 USER shall represent that it is not any one of Antisocial Forces nor corporation, etc. that Antisocial Forces is involved substantially in the management, and shall commit said representation in the future.
- 18.4 If LWJ suspends to use of SERVICES or cancels the registration of USER in accordance with the provisions of this article, LWJ shall not compensate nor indemnify for damages to USER, and if damages occur in LWJ, USER shall compensate for said damages.
Article 19 Governing law
This TERMS shall be governed by the law of Japan.
Article 20 Jurisdiction
Each of LWJ and USER agrees that the Yokohama District Court shall have exclusive jurisdiction over any disputes between the parties arising out of this TERMS.