Tabi Japanese

                                                              Terms of Use

 

Last modified: January 1st, 2025

 

1.（Scope of application）

1.1 Terms of Use (hereinafter referred to as “Terms”) are for the use of the services (hereinafter referred to as “the Services”) provided by Tabi Japanese (hereinafter referred to as “the School”) and all of these services agreements applies between the School and its users (hereinafter referred to as “Users”). In addition, Terms shall be applied to all future transactions between the School and Users without explicit mention. 

1.2 The School may make changes to the Terms as necessary, but will alert you that the School are doing so by giving notice. By accessing or using any Services after any changes have been made, the Users signify User's agreement to the modified the change, which will be effective immediately unless the School notify of a later effective date. If the changes are not acceptable to, the Users should discontinue use of the Services. If Users does not accept the change, the School may terminate the usage agreement between the School and Users (hereinafter referred to as “the Agreement”).

 

2.（Agreement conclusion）

2.1 The Agreement is concluded online via our website (hereinafter referred to as “the Site”) for the Services or by exchanging email etc.

2.2 Users must register online on  the School student list. The registration is performed by sending a confirmation email to the email address provided by Users and confirming this by Users. The School may refuse the registration without stating a reason.

2.3 Users must issue the zoom ID and password (hereinafter referred to as " Users Account ") required to use the Services and notify the School. In addition, Users shall be responsible for keeping Users Account secret and protecting it from unauthorized use by a third party, shall manage it with the duty of care of a good administrator. Users are responsible for all activities that occur through their Users Account.

2.4 Users shall represent and warrant that all personal information and other related the data provided to the School during the conclusion of the Agreement will be complete and accurate. Users are obligated to notify the School of any changes to these data by promptly updating the data regarding the changes themselves.

2.5 Notifications from the School under the Agreement (including but not limited to various confirmation emails, changes to Terms of Use, and other notifications) may be sent by email, and Users confirms this. These notifications are considered to have been received effectively when the School have sent to the e-mail address specified by Users at the time of the registration and these can be obtained in the inbox.

3. （the Services）

3.1 The School will provide the Services in accordance with the description of each valid services at the time of conclusion of the Agreement. Users shall pay the usage fee to the School according to the price list of each services and the method specified by the School. As a general rule, the usage fee will not be refunded after Users start using the Service. (except when Users stop using the Services during the free trial period)

3.2 The School may suspend the Services for repair or maintenance if necessary to ensure the proper operation of the Services, or in the event of a zoom malfunction or other unexpected situation occurs.

3.3 The School shall not be liable for any damages resulting from use methods other than those intended by the School when Users use the Services.

4. （Users rights and obligations）

4.1 When using the Services, Users shall be able to use the Services only in the manner specified by the School and within the scope specified by the School.

4.2 Users shall keep the data provided by the School in order to use the Services, and if Users notices access from a third party without authority to access such data, will promptly notify the School. In the event that there is the Services provided by an unauthorized third party using data, etc. due to User's negligence, the School is not responsible for these.

4.3 When using the Services, Users shall not copy, distribute, separate functions, or modification of teaching materials, textbooks, data etc. (hereinafter referred to as “the Copyrighted Work”) provided by the School. In addition, Users shall comply with the following restrictions when using the Services.

1. Users shall not transfer the right to use the Copyrighted Work in any way.

2. Users shall not engage in any acts that violate the security of the Services, identify security vulnerabilities, investigate, scan, etc. or interfere with, avoid, operate, overload, fail or disrupt the functionality of the Services.

3. Users shall not conduct any other acts that violate applicable laws.

4.4 When using the Services, Users shall be obliged to protect their data by using appropriate measures such as regularly backing up data.

5. （lights）

5.1 All rights, titles and interests relating to the Services, such as patent rights, trademark rights, copyrights, trade secrets, know-how and other rights, contents, documents, data, etc. (including the Copyrighted Work) provided to Users by the Services, belong to the School. Except as otherwise provided by the School, Users shall not be granted these rights with respect to the Services.

5.2 While using the Services, Users shall ensure that the rights set forth in the preceding paragraph are not infringed and that the applicable laws are not violated.

6. （Disclaimer）

6.1 The School disclaim all warranties, whether express or implied, to Users of the Services, including implied warranties regarding non-infringement of rights, commerciality, and fitness for a particular purpose. In addition, the School will disclaim any warranty for (a) ensure that the Services meets Users requirements or is uninterrupted, always available, timely, safe, and free of errors and defects; (b) the accuracy, reliability, or validity of the results obtained from the use of the Services (c) the quality of the Services meets Users expectations, or (d) correction of defects such as errors and defects in the Services (including zoom used for the Service).

6.2 Regardless of whether it is foreseeable or not, the School will not be liable to Users for any loss of use, loss of business credit, profit or data, or any other indirect or consequential damages (including lost profits).

6.3 The School will not be liable for any acts resulting from use of the Services by Users. Users shall use and access the Services at Users discretion and responsibility, and Users shall be solely responsible for any damage or loss of data to Users computer system resulting from use and access of the Services.

6.4 When Users use the Services, the School will not responsible for the following matters.

1. Lost, corrupted or damaged Users data

2. Deletion of Users data by a third party other than the School

7. （termination）

7.1 Users termination；Users may cancel use of the Services at any time.

7.2 The School termination；In the following cases, the School may terminate Users right to use and access the Services at any time.

1. When there is a serious breach of Terms by Users

2. After Users violates Terms, (a) Users cannot correct the violation, or (b) the School has notified, but the correction is not recognized after 14 days from the date of notification

3. When it is difficult to continue providing the Services

4. When Users do not pay the usage fee to the School

7.3 As a general rule, the usage fee will not be refunded at the termination of the Agreement based on this article.

8. （Survival clause）

8.1 Regardless of whether or not Users are using the Services, the School may stop the operation of the Services without prior notice due to unavoidable reasons that the School recognize as necessary.

8.2 Even after the termination of the Agreement, article [4.2], [4.3], [5.], [6.], [7.3]and [9.] through [14] will still remain valid.

9. （Applicable laws）

The Services and use of the Services may be subject to international laws, restrictions, and regulations. Users shall agree to comply with all applicable laws, restrictions, and regulations.

10. （Governing law）

10.1 Terms shall be construed and interpreted in accordance with Japanese law. Users shall and agree that provisions that conflict with applicable law do not apply. Users shall accept to exercise any jurisdiction in the Tokyo Summary Court or the Tokyo District Court for any claim or dispute with a third party concerning the Agreement, or any dispute or claim resulting from use of the Services. 

10.2 Users shall agree that disputes with the School can only be settled by individuals and cannot be brought as class representatives, consolidated lawsuits or plaintiffs in representative actions.

11. （Injunctive relief）

If Users violate Terms, Users agree that the School may seek injunctive relief or equivalent urgent legal remedy in any jurisdiction.

12. （Information disclosure）

12.1 When (a) legally required, such as requested by a valid subpoena, warrant, or order, (b) to respond to Users inquiries, (c) be necessary to protect our rights, other users, or public rights, property, or personal, at our sole discretion, the School may access or publish information about Users or Users use of the Services.

12.2 Within the scope of the purpose of the Agreement, the School have the right to process data provided by Users in accordance with applicable data protection laws (including the EU General Data Protection Regulation: GDPR) and entrust to a third party.

13. （Assignment of rights and obligations）

Users may not assign or transfer all or part of Users rights and obligations under Terms without the School’s written consent. The School may transfer the School’s rights based on Terms to a legitimate third party through business succession.

14. （General terms）

14.1 The School may change, update, or discontinue the Services from time to time. However, the School shall make reasonable efforts to notify Users in advance of such changes.

14.2 The Site can be accessed in any country, but this does not guarantee that the Services is available in all countries, does not imply that content available via is legal or available in all countries. Users shall be responsible for verifying that Users are legal or available to use the Services in Users' country. In addition, the Services may not support all languages.

14.3 If any part of Terms is infeasible or invalid, this shall not affect the validity of the other provisions of Terms. Other provisions in this case shall continue to be enforceable and valid based on the conditions set forth in the Agreement.