These terms of services describe the terms and conditions (hereafter the “Terms of Services”) applicable to people with an intention to subscribe to or use (the “User”) the online lesson service to learn the Japanese language (the “Service”) provided and managed by Cacelle Inc. (“Cacelle”) on its website Janguage. User must agree to this Terms of Services and Privacy Policy, provided by Cacelle elsewhere, before using the Service.
1-1. The Terms of Services apply to Cacelle’s website (the “Website”) as well as to the information Cacelle disseminates to User by means of Cacelle’s applications, emails, etc.
1-2. Where a separate agreement is entered into between Cacelle and User (the “Individual Contract”) beside the Terms of Services, the provisions of the Individual Contract will prevail.
2-1. User must subscribe to the Service as specified by Cacelle. User is deemed to agree to and respect the following before subscribing to the Service:
(1) To install the version of Skype recommended by Cacelle (In case User uses Skype)
(2) To ensure that User’s Internet connection is appropriate for the use of the Service
(3) Where User is underage, to obtain consent from User’s parents or legal guardian
(4) To make payments for the Service in the manner and method specified by Cacelle
(5) To disclose to tutors the information necessary for providing lessons, such as User’s registered Skype Name
2-2. Subscription for the Service is complete upon Cacelle’s confirmation email. However, Cacelle reserves the right to restrict User’s use of the Service if Cacelle is unable to verify User’s payment for the Service.
2-3. Cacelle reserves the right to refuse subscription applications or, if such applications have been accepted, cancel these subscriptions should any of the following conditions apply:
(1) The applicant is not an existing person or is deemed nonexistent
(2) A multiple number of accounts are created by the same User
(3) The account details contain false or wrong information, or are missing some information
(4) The applicant has been refused before to create an account by Cacelle
(5) The credit card or other payment method provided by User upon subscription does not exist or is unavailable
(6) Otherwise Cacelle judges the application inappropriate
3-1. Cacelle shall use the account information provided by User solely for the purpose of providing the Service.
3-2. Cacelle shall not disclose to third parties any of User’s account details without User’s prior consent with the exception of the following:
(1) Disclosure is required by law, etc.
(2) Disclosure is officially requested by public authorities
(3) A third party consigned with part of the Service requires User’s account details for the purpose of providing the Service
3-3. User must manage the account information strictly. Cacelle shall consider that the use of the Service is by User him/herself as long as the login details entered to log into User’s account match the registered information.
3-4. User shall be held liable for damages attributed to User’s forgetting, losing or otherwise mistreating account information, in which case Cacelle cannot be held liable.
3-5. Matters concerning the use of account details that are not provided in the Terms of Services shall be handled according to Cacelle’s Privacy Policy.
If details of User’s account have changed, User must update the corresponding account information on the Website without delay. Cacelle shall not be liable for disadvantages or other inconveniences arising from User’s neglect to update account details.
5-1. User is prohibited from committing the following acts or acts that may lead to them in using the Service:
(1) To transfer, apply or sell the right to the use of the Service to a third party, change account holder’s name, or pledge or set mortgage to the same right
(2) To cause damage to Cacelle’s reputation, credibility, copyright, patent right, right to utility model, design right, trademark or right of publicity, or to violate Cacelle’s privacy
(3) To act illegally or against public order
(4) To prevent the operation of the Service
(5) To use the Service to promote User’s own business, make commercial gain or prepare for these
(6) To recruit or assist other users of the Service or tutors to commit an illegal act
(7) To cause economic, psychological or practical damage to other users of the Service or to tutors
(8) To commit an illegal act or acts that encourage the violation of laws
(9) To harass tutors, behave badly or otherwise disrupt the course of lessons. Note that Cacelle shall investigate cases of harassment and give verdict on them upon verification of facts
(10) To probe tutors in an attempt to elicit Cacelle’s confidential information
(11) To visually record the Service and disclose it to third parties
(12) To promote religious doctrines, political association or multi-level marketing to tutors
(13) To attempt to arrange personal contacts between User or User’s agency and the tutor whether online or offline, including email correspondence
(14) To recruit tutors to join a service provider or enterprise that may be Cacelle’s competitor
(15) To approach Cacelle or tutors with violence, threat, sexual obscenity, discrimination or otherwise intended to disrupt its operation
(16) To share one account among several individuals
(17) To create more than one account per individual
(18) Otherwise act in such a way that Cacelle judges inappropriate
5-2. Should User act in such a way as provided in 5-1 above, Cacelle shall cancel User’s account and, if damages are caused to Cacelle, claim compensation or take other legal actions against the User.
6-1. User shall provide equipment necessary to take lessons, including a personal computer, Internet connection, Skype/Zoom program, headset and web camera (optional).
6-2. Points represent the right to book and pursue a lesson, and it is not provided in a printed form. The number of points held by User and their expiry dates are managed on the Website. Purchased points are ones User purchases following the payment process stipulated in 6-3 below, and make-up points are ones that Cacelle accords User otherwise. Neither type of points guarantees lessons of particular tutors.
6-3. User may pay the points fees set separately by Cacelle by any of the methods described below to receive points, and these points are for payment of lesson fees to Cacelle. User is liable for consumption tax or other taxes which are applied to service fees.
(1) Payment by credit card
(2) Payment using the payment system of PayPal Holdings, Inc.
(3) Payment by bank transfer
6-4. If User chooses bank transfer, they should complete the bank transfer application procedures (the “Bank Transfer Application”) on the Website, then promptly complete the bank transfer to deposit payment into Cacelle’s bank account in accordance with the account details and the amount stated on the email sent to User by Cacelle, within seven business days from the Bank Transfer Application (the “Payment Due Date”). If the amount is deposited into Cacelle’s bank account after the Payment Due Date, the applicable points fee shall be of the day on which the deposit is confirmed, and if the amount paid in is insufficient, User must send the difference into Cacelle’s bank account as instructed by Cacelle. Cacelle will not be liable for any loss or damages suffered by User due to this.
6-5. Cacelle will not for any reason refund service fees once paid to Cacelle by User.
6-6. One lesson is 25 minutes in duration. The lesson time may not be changed or interrupted unless otherwise specified.
6-7. If User cancels a lesson 24 hours before it is due to start, the points used at the time of reservation will be reimbursed. If the lesson is canceled within 24 hours of the start of the lesson, the points will not be returned.
6-8. If the lesson is canceled by Cacelle or the tutor for reasons attributable to the tutor (malfunction of the telecommunication equipment or illness on the tutor's part, etc.), make-up points will be issued, and User shall agree to this.
6-9. After the start of the lesson, if the lesson is suspended for longer than five minutes for reasons attributable to the tutor, User may use the inquiry form to advise Cacelle of this. Cacelle will then check with the tutor and, if investigation proves it to be the case, issue make-up points. Investigation will be conducted at the discretion of Cacelle.
6-10. If User is unable to start the lesson within 10 minutes of the scheduled start time of the lesson, regardless of whether User responds to attempts by Cacelle or the tutor to make contact, User will be considered as having abandoned the lesson, and Cacelle may consider the lesson to be finished.
6-11. Reservations for lessons can be made up to 10 minutes prior to the start of a lesson.
6-12. A lesson reservation is considered to have been made successfully when the reservation concerned is reflected in User’s reservation status on the Website.
6-13. Cacelle will not provide any compensation or supplementation if User has abandoned a lesson, regardless of the reason for it.
6-14. User may only use the Skype Name which they have registered with the Service. Cacelle will not provide any compensation or supplementation if User’s lesson does not proceed, or if User suffers other loss, because User did not use their registered Skype Name or gave an incorrect Skype Name at the time of registration. (In case User uses Skype)
6-15. Cacelle may outsource a part or all of the work relating to the Service as required.
6-16. Cacelle may monitor or record the Service provided for the purpose of improving the quality of the Service and may also preserve data (the "Monitoring"). User is considered to have given their consent in advance to the possibility that lessons in which they participate may be under the Monitoring.
6-17. The validity of lesson points is as follows: 180 days from the date of the payment on the Website for the points purchased by credit card; 180 days from the date of the payment on the Website for the points purchased with PayPal; 180 days from the date on which Cacelle confirms the deposit of payment if the points are purchased using bank transfer; 30 days added to the expiry date of the original points for the make-up points issued in accordance with 6-8 or 6-9 above. Points will be consumed in order, starting from the earliest expiry date. If User cancels their account, points will be invalid from the time of the account cancellation.
6-18. Cacelle may use comments made by User regarding the Service or lessons for publishing on the Website or for promoting or advertising the Service, which User shall understand and give their consent to in advance.
6-19. Cacelle shall not be responsible if emails from Cacelle do not reach User due to the User not registering an email address, making an error in the registered email address or failing to make changes to SPAM filters or security settings for receiving emails.
6-20. If User repeatedly abandons lessons without notice, Cacelle may warn the User to rectify this behavior.
6-21. Cacelle shall not be liable for any loss or damages suffered by User due to being unable to access the Website during the system maintenance of which Cacelle has given advance notice.
6-22. User can take one free volunteer lesson with a volunteer teacher. If User takes more than 2 lessons with volunteer teachers within the same month, User must agree to use points specified by Cacelle from the second lesson.
6-23. Cacelle is under no obligation to guarantee the number or frequency of volunteer lessons. Cacelle will not provide any compensation or supplementation even if User cannot take volunteer lessons.
6-24. If a free volunteer lesson is canceled by Cacelle or the tutor, User can book another free volunteer lesson with a volunteer teacher within the same month of the cancelled lesson if one of the volunteer teachers is available. If a booked free volunteer lesson could not be conducted for reasons attributable to the tutor (malfunction of the telecommunication equipment etc.), Cacelle will then check with the tutor and, if investigation proves it to be the case within the same month of the failed lesson, User can book another free volunteer lesson with a volunteer teacher within the same month of the failed lesson if one of volunteer teachers is available.
6-25. In the event User uses Zoom, the name that appears on User's side on Zoom must be the same name that User registered on the Service. Otherwise, User is not permitted to participate in lessons, and Cacelle will not provide any compensation or supplementation for the matter.
7-1. User can unsubscribe to the Service by logging onto the Website and using the inquiry form. Unsubscription is considered complete when Cacelle notifies User via email of the receipt of the request to unsubscribe. Also, if User does not take any lessons for a consecutive two-year period, the User's account will be terminated even without the User request to unsubscribe.
7-2. When User has completed unsubscription, they lose all rights in regard to the Service and may not make any claim to Cacelle.
7-3. In the case where damage is suffered by either Cacelle or a third party caused by User's action related to the Service, the User will be held fully liable even if the User has already unsubscribed.
8-1. Cacelle may change the content of the Service, or suspend or terminate the provision of the Service, by giving advance notice either posted on the Website noticeboard or sent by email to a specified address. Also, in the case where provision of the Service is impeded due to Skype/Zoom malfunction, domestic or international political trouble, natural disaster, malfunction of the provided servers or other unavoidable circumstances, Cacelle may suspend provision of the Service without advance notice.
8-2. Cacelle will not be liable for any loss or damages suffered by User or a third party as a result of changes to, or suspension or termination of, the Service.
Cacelle may undertake distribution of information such as sending of notices, advertising or surveys to User by email.
The Service is provided using the services provided by Skype/Zoom. In using Skype/Zoom, User agrees to the following conditions:
(1) To comply with all of the regulations and guidelines provided by Skype/Zoom
(2) To download and install Skype and check its functions, etc. before using the Service (In case User uses Skype)
(3) To bear full costs and responsibility for download, installation, configuration and use of Skype/Zoom
(4) To hold Cacelle harmless from malfunctions in Skype/Zoom features that arise after the start of a lesson
(5) To take full responsibility in receiving a file sent by a tutor using the Skype/Zoom chat feature or in opening a URL other than for the Website
(6) To assume Cacelle to be under no obligation to respond to any consultation or inquiries concerning the services provided by Skype/Zoom
(7) To install the version of Skype/Zoom recommended by Cacelle
(8) To only use the Skype Name which they have registered with the Service. If User’s lesson does not proceed, or if User suffers other loss, because User used a Skype Name other than that which they have registered, Cacelle will not provide any compensation or supplementation (In case User uses Skype)
11-1. Should User violate the Terms of Services, User shall be liable for the compensation of damages and bear the cost incurred thereby.
11-2. User shall be entitled to claim compensation against Cacelle for damages caused by defects or faults in the Service, provided that such compensation will not exceed the amount paid for the Service by User to Cacelle in the month said damages were suffered.
12-1. The copyrights and ownership of all trademarks, logos, texts and contents in relation to the Service remain with Cacelle. User may not use, reproduce in magazines or other websites, modify, duplicate or distribute to third parties any of the above without prior explicit consent of Cacelle.
12-2. Should User violate the preceding paragraph, Cacelle may take appropriate action against User pursuant to the Copyright Act, Trademark Act or other relevant laws (warning, filing of litigation, compensation claim, injunction, measures to restore lost honor, etc.).
User shall agree to indemnify, hold harmless and defend Cacelle from any damages caused by or in relation to any of the following items:
(1) Failure to enjoy advantages of the Service due to:
(i) unavailability of lessons provided by User’s preferred tutor
(ii) unavailability of, or failure to join, the lesson at the time specified by User
(2) Effectiveness of study, validity, accuracy or authenticity of the Service
(3) Effectiveness, validity, security or accuracy of services or materials of other companies that Cacelle introduces or recommends in relation to the Service
(4) Anything occurring through or related to use of the Service with an operating environment not recommended by Cacelle
(5) Malfunction or other trouble with the services provided by Skype/Zoom or other partners of Cacelle resulting in User being unable to use the Service
(6) In the case where damage such as infection with computer viruses occurs as a result of a file which User received or opened at their own responsibility, in accordance with 10-5 of the Terms of Services
(7) In the case where User is unable to use the Service as a result of losing their password or otherwise being unable to access due to User’s own negligence
(8) The content or use of a website operated by a third party linked from the Service
(9) Disagreements arising with the tutor in regard to issues unrelated to lessons
Date and time used in relation to the Service, including the date and time of lessons, expiry dates of points, payment due dates and deadlines for various applications or subscriptions, shall be Japan Standard Time (GMT + 9:00).
Cacelle has the right to make changes to the Terms of Services without notifying User, with such changes deemed effective upon their notification on the Service, and User is required to agree with the changes when the amended Terms of Services comes into force.
16-1. User should choose between Japanese and English as the language to be used for inquiries to Cacelle and agree in advance that Cacelle shall not be obliged to respond to inquiries made in other languages and that Cacelle shall not be held liable for any damage caused by or derived from such non-response.
16-2. Terms of Services are prepared in Japanese and in other languages, and User shall agree in advance that any discrepancies between the Japanese version and the versions in other languages will be resolved by assuming that the former takes precedence over the latter.
The Terms of Services shall be construed under the laws of Japan. Cacelle and User shall agree in advance that any dispute arising between Cacelle and User, caused by or in relation to the Service or Terms of Services, shall be referred to the Tokyo District Court as the parties’ agreed court with exclusive jurisdiction.
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