Top User Terms of Service

User Terms of Service


These user terms of service (hereinafter, “these terms”) shall define the matters that must be strictly observed by the user, and the rights and obligations relationship between Human Academy Co., Ltd. (hereinafter, “our company”) and all users, in the usage of the Human Academy Japanese School Plus+ service provided by our company. If using the applicable service as a user, please be sure to read the full text, and consent to these terms before using the Human Academy Japanese School Plus+ service.

Article 1: Application

1. These terms aim to define the rights and obligation relationship between our company and the user (defined in Article 2) in the usage of these services (defined in Article 2), and shall be applied to all relationships regarding the usage of these services between the user and our company. By using these services, the user is considered to have given consent to these terms, and is considered to have entered into a usage contract for these services with our company.
2. The rules and regulations regarding these services that will be posted on our company’s website (defined in Article 2) as necessary shall constitute a part of these terms.
3. If the content of these terms differs from the rules in the previous paragraph, or any other explanations of these services outside of these terms, then the regulations of these terms shall take precedence.

Article 2: Definitions

The terminology used in these terms shall be defined, below.
(1) Intellectual Property Rights: Copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the rights to obtain these rights, or the application for registration of these rights).
(2) Our Website: The website operated by our company on the domain “hajl-ec.com” (including the website after the applicable change, if our website domain or its contents are changed for any reason).
(3) User: An individual or a corporation who is a user of these services.
(4) Student: A user who is registered as a user of these services based on Article 3.
(5) Instructor: An individual or a corporation who is registered as an instructor for the Human Academy Japanese School Plus+ service.
(6) These Services: The Human Academy Japanese School Plus+ service.
(7) Human Academy Japanese School Plus+ Service: Service (including the service after the applicable change, if the name of service or its contents are changed for any reason) provided by our company as a web service or through an application, in which our company’s learning content is provided either paid or free of charge to students. This service (including the service after the applicable change, if the name of service or its contents are changed for any reason) called Human Academy Japanese School Plus+.
(8) Usage Contract: The usage contract for these services, in accordance with the regulations of these terms, established between our company and the user based on Article 1, paragraph 1
(9) Learning Content: Content that our company provides to students through online, face-to-face, and video viewing methods, including content provided from the instructor or a third party for the purpose of the provision from our company to students (including but not limited to text, images, video, and other data).
(10) Course Contract: Course contract for the learning content in accordance with the regulations of these terms, established between our company and the student based on Article 6.

Article 3: Registration

1. Users who wish to register for these services (hereinafter, “registration applicants”) shall agree to comply with these terms. Users can apply for student registration of the by providing our company with certain information (hereinafter, “registered items”) determined by our company, using the method determined by our company.
2. Our company shall judge whether or not the registration applicant can be registered in accordance with our company’s standards. If our company approves the registration, the registration applicant shall be notified as such, and the notification shall complete the registration as a student.
3. Our company may refuse registration if any of the following are applicable to the registration applicant as defined in paragraph 1. In this event, our company is not obligated to disclose the reason under any circumstances
(1) In the event of false or erroneous information, or omission of information in the registered items provided to our company.
(2) If the applicant is a minor, adult ward, a person under conservatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, conservator, or assistant.
(3) If the applicant is a member of antisocial forces (gangsters, organized crime, right-wing organizations, antisocial forces, and other equivalent persons, the same shall apply as follows), or our company has determined that the application maintains, operates, cooperates, or engages with antisocial forces through funding or other methods.
(4) If our company determines that the registration applicant or someone related to the applicant has violated a contract with our company in the past.
(5) Any other cases in which our company determines that the registration is not appropriate.
4. Our company shall not be liable for any damages incurred if registration for the usage of these services could not be completed, or damages incurred by a student through the usage of these services through a method not defined by our company.
5. If our company determines that the registration applicant has not provided true and accurate data, our company will reject the registration, and future usage of these services by the applicable registration applicant may be prohibited.

Article 4: Change in Registered Items

If there is any change in the registered items, the student shall notify our company without delay of the applicable changed items, and submit the necessary materials requested by our company using the method prescribed by our company.

Article 5: Password and Student ID Management

1. Students shall manage and store their passwords and student IDs at their own responsibility, and will not allow the usage to a third party, lending, transfer, change of names, or buy or sell.
2. Students will be responsible for damages incurred due to insufficient management of passwords or student IDs, misuse, usage by a third party, etc. Our company will not assume any responsibility.
3. If the student learns that their password or student ID has been stolen or is being used by a third party, the student shall immediately notify our company, and follow the instructions from our company.

Article 6: Course Contract

1. The course contract shall be established when the student applies for the learning content specified by our company, and when our company accepts it. Students will take the applicable learning content during a time period specified separately by our company, using a method specified separately by our company (online, face-to-face, viewing videos).
2. Students shall pay the fees for the learning content, which are established separately by our company and listed on our website, such as the course fees (students will purchase tickets, however these tickets cannot be used in other learning content), enrollment fees, course material fees, and other fees specified by our company (hereinafter, “course fees” collectively), using a payment method prescribed by our company.
3. A lump-sum payment or monthly billing payment method shall be applied as the payment method for course fees.
4. For the monthly billing method, our company may revise the course fees due to changes in service content. If the course fees are revised, our company shall notify the student in advance by the prescribed method. If the student does not consent to the course fee revision, the student may cancel their course contract by indicating that they do not consent to the course fee revision within one week after the notification from our company, and the cancelation shall take effect from the time of the notification moving forward.
5. If the student is paying the course fees using the monthly billing method, our company will not give refunds for course fees already paid, even if the student cancels the course contract for the applicable learning content.
6.Our company shall not refund the paid enrollment fee under any circumstance.
7. If the student is paying the course fees by the monthly billing method, and the payment is not completed due to the student’s circumstance, such as the credit card expiring, our company shall notify the student that the payment has not been completed by the method specified by our company. If payment of the course fees has not been completed, our company shall temporarily suspend the student’s attendance on the learning content. If the payment has not been completed within the period specified by our company after our company has notified the student of the above, our company shall terminate the student’s learning content course contract.
8. If our company determines that we cannot provide the learning content, either online or face-to-face, on the scheduled date, we will notify the student by the day before the schedule date. The student shall agree in advance that there may be instances where the provision of the applicable learning content may be suspended or postponed. Upon notifying the students, our company makes no guarantees regarding student damages in the event of suspension or postponement of the applicable learning content. However, if the Consumer Contract Law is applied, the applicable upper limit does not apply to damages caused by our company's intentional or gross negligence.
9. If the course contract regarding the learning content is terminated for any reason, our company shall delete the applicable learning content course history.

Article 7: Course Contract Cancelation

1. Cancelation of a course contract after it has been established shall not be possible, unless there is a reason attributable to our company, and students will not be exempt from paying the course fee to our company.
2. Regardless of the previous paragraph, if the student is paying the course fees by the monthly billing method, and if the student requests to not renew by 7 days before one month from the payment date (hereinafter, “course period conclusion date”), the applicable course contract will be concluded as having reached the course period conclusion date. 
3. For learning content with course materials, if the course contract is canceled, or the course contract is not renewed within 7 days of the course period conclusion date, our company will issue a refund for unused and unopened course materials returned within 8 days of arrival.

Article 8: Usage of These Services

1. The user may use these services within the scope of the purpose of these terms, and within the scope of not violating these terms in accordance with the method specified by our company. However, the student will agree in advance that for online courses, the communication method for the student or the instructor may not be available due to the instructor's communication environment.
2. The user shall judge the quality, accuracy, reliability, and usefulness of the content provided in these services on their own, and agree to usage at their own responsibility.
3. Before applying to register for these services, the user should thoroughly check the information about these services.
4. Our company does not guarantee the authenticity, accuracy, certainty, reliability or usefulness of the content provided in these services.
5.Our company shall assume no responsibility for damages incurred by the student due to issues with the communication environment.
6. If the user or a third party incurs damages due to the instructor’s actions or inactions, our company shall bear no liability, except in cases attributable to our company’s intentional or gross negligence.
7. Our company shall not be responsible for any information, files, or items provided mutually between the user and the instructor, and the user shall agree in advance to exempt our company from any damages or losses caused by the provision of such information, files, or goods. However, this shall not apply if due to our company’s intentional or gross negligence.

Article 9: Prohibited Items

The user shall not perform any of the following acts in connection with the usage of these services.
① Sending or posting information that is contrary to the truth.
② The act or attempted act of falsifying or deleting information in the usage of these services.
③ Acts that infringe upon the copyrights, trademark rights, privacy rights, name rights, portrait rights, honor, etc., of other users, instructors, third parties, or our company.
④ Acts that discriminate, slander, or damage the honor or credibility of other users, instructors, third parties, or our company.
⑤ Acts that infringe upon the property, privacy, portrait, or publicity rights of other users, instructors, third parties, or our company.
⑥ Acts that use the content that has been viewed or provided in the usage of these services, that are beyond the intended usage of these services (including acts such as screen capture, duplication, transmission, reprinting, and modification).
⑦ Acts of sharing or allowing multiple people to use the ID.
⑧ Acts of sending emails such as advertisements, propaganda, and solicitations to other users, instructors, third parties, or our company without permission sending email that causes unpleasant feelings to the recipient, obstructing the reception of others’ email, requesting a third party for a chain email transfer, or forwarding email in response to the applicable request.
⑨ Acts that cause damage (including but not limited to physical damage, mental damage, and economic damage) to other users, instructors or third parties.
⑩ Acts that lead to crime such as fraud.
⑪ Acts that establish or solicit a pyramid scheme.
⑫ Sale or solicitation of the products and services listed below.
a. Sale or solicitation of products and services from a specific business.
b. Sale or solicitation of specific financial products or investment methods.
c. Solicitation for lending and debt consolidation.
d. Sales or solicitation for matching services such as marriage partner introduction and heterosexual dating services.
e. Selling or soliciting other products or services that are not necessary for implementing learning content.
⑬ Acts of sending or posting images or documents containing obscenity or child abuse.
⑭ Acts of using the personal information of other users or third parties obtained through the usage of these services for the purpose other than these services.
⑮ Acts of advertising/promotions/sales activities, public office election campaigns, solicitation for specific ideologies or religions or similar content, using or providing harmful programs such as computer viruses, or recommendations to third parties.
⑯ Acts of impersonating other users, instructors or third parties in order to use these services.
⑰ Acts that attempt unauthorized access to other computer systems, or networks connected to these services.
⑱ Acts that violate laws, ordinances, public order and morals (including but not limited to prostitution, violence, cruel actions, harassment, etc.), and actions that cause a disadvantage to other users, instructors, third parties, or our company.
⑲ Acts that introduce or arrange services that are or could potentially compete with these services to other users, instructors or third parties.
⑳ Acts that promote or encourage the acts specified in the previous paragraphs.
㉑ Other acts that our company determines to be inappropriate.

Article 10: Suspension of These Services

1. If any of the following are applicable, our company shall be able to suspend or terminate part or all of the usage of these services upon notifying the user in advance. However, this does not apply to emergency or unavoidable situations.
(1) Inspection of computer systems related to these services, or fixed or emergency maintenance work.
(2) Suspension of service due to trouble with the computer, or the communication line.
(3) When these services cannot be operated due to force majeure such as fire, power outages, natural disasters, etc.
(4) Other cases where our company has determined it necessary to suspend or cancel operations.
2. Our company can terminate the provisions of these services at our convenience. In this event, our company will notify the user in advance through our website, or through the application.
3. Our company shall not be liable for any damages caused to the user by the measures taken by our company based on the preceding 2 paragraphs, unless it is due to our company’s intentional or gross negligence.

4. Our company may change the content of these services upon notifying the user in advance.

Article 11: Precautions for Downloading

When the user installs the software on their computer by downloading from our website or our application or by other means, at the start of usage of these services or while using these services, the user shall pay careful attention so that the disappearance or alteration of information that the user is in possession of, or equipment failure or damage is not incurred. Our company shall not be liable for any such damages caused to the user, unless it is due to our company’s intentional or gross negligence.

Article 12: Return of Rights

All ownership and intellectual property rights relating to our website and these services shall be returned to our company, or the person who has licensed to our company. Usage of these services based on the registration stipulated in these terms does not constitute a license to use the intellectual property rights of our company, or those who have licensed to our company regarding our website, or these services.

Article 13: Suspension of These Services, Registration Cancelation

1. Our company may temporarily suspend the usage of these services, or cancel a student’s registration without prior notification if the student is found to be applicable to any of the following items.
(1) A violation of any of the Articles of these terms.
(2) If any falsified items are discovered in the registered items.
(3) In case of suspension of payment or insolvency, or application for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation initiation or similar proceedings.
(4) If these services are not used for a period exceeding 24 months, and communications from our company go unanswered.
(5) If the user if applicable to any of the items in Article 3, paragraph 3
(6) Any other cases where our company determined that the student’s continued registration is inappropriate.
2. If any of the above items are applicable, the student naturally loses the benefit of the deadline for all debts owed to our company, and must immediately pay all debts to our company.
3. Our company will not be liable for any damages caused to students by the actions performed by our company based on this Article.

Article 14: Withdrawal

1. Students can cancel their student registration by the application registration cancelation (withdrawal) specified by our company.
2. If there is a debt owed to our company upon withdrawal, due to the application registration cancelation the user will naturally lose the benefit of the deadline for all the debt owed to our company, and must immediately pay all debts owed to our company.

Article 15: Non-Guarantee and Disclaimer

1. Our company does not provide any guarantee for the content we provide through our company’s services. Our company may update the information if an error is found in the content, or if we determine that it is necessary, but our company is not obligated to perform this update.
2. The user shall investigate based on their own responsibility and cost whether or not the use of these services violates the laws and ordinances applicable to the user, or the internal rules of industry groups. Our company does not guarantee that these services will meet the user’s specific purposes, have the expected functionality, product value, accuracy and usefulness, and that the user’s usage of these services will comply with laws and ordinances applicable to the user, and the internal rules of industry groups.
3. Transactions, communications, and disputes between the user and other users or third parties related to these services or our website and applications shall be handled and resolved at the user's responsibility. Our company assumes no responsibility for such matters unless it is due to our company’s intentional or gross negligence.
4. Our company shall not be liable for any damages caused by the suspension, cancelation, conclusion, inability to use or change of usage of these services by our company, deletion or loss of user messages or information, cancelation of a registered user's registration, loss of data or device malfunction or damage through the usage of these services, or any other damages caused to the user through the usage of these services, unless it is due to our company’s intentional or gross negligence.
5. Our company shall not be liable for any damages caused by the suspension, cancelation, conclusion, inability to use or change of usage of these services by our company, deletion or loss of user messages or information, cancelation of a registered user's registration, loss of data or device malfunction or damage through the usage of these services, or any other damages caused to the user through the usage of these services, unless it is due to our company’s intentional or gross negligence.
6. Our company makes no guarantee that there are no viruses on our website. Users should take safety measures to protect themselves and use virus scanners before downloading all information, software and documents.
7. Even if a link from our website to another website, or a link from another website to our website is provided, our company assumes no responsibility for information obtained from websites other than our own website, except for cases of our company’s intentional or gross negligence.

Article 16: Damage Compensation

If the user causes damage to our company by violating these terms or in connection with the usage of these services, the user must compensate the damage to our company.

Article 17: Confidentiality

1. In these terms, “confidential information” refers to all information related to our company’s technology, sales, operations, finance, organization, and other matters that the user has provided to disclosed to our company in writing, orally, or through a recording medium, or that our company has come to learn, in connection with the usage and course contract for these services. However, (1) what was publicly known or already acquired when known, whether or not it was provided or disclosed by our company, (2) after being provided or disclosed or known by our company, items that became publicly known by publications or other reasons for reasons that cannot be attributed to one's own responsibility, (3) legally acquired without any obligation of confidentiality from a third party authorized to provide or disclose, (4) those that were independently developed without relying on confidential information, and (5) those that were confirmed by our company in writing that confidentiality is not required, will be excluded from confidential information.
2. The user shall use confidential information only for the purpose of using these services, and shall not provide, disclose or leak the confidential information of our company to a third party without the written consent of our company.
3. Regardless of the regulation of paragraph 2, the user can disclose confidential information based on the order, request or demand of law, courts, or government agencies. However, if there is such an order, request, or demand, the user must promptly notify our company to that effect.
4. The user must return or discard the confidential information, and documents or other recording medium containing or including confidential information, and all copies thereof at all times without delay and in accordance with the instructions of our company when requested by our company.

Article 18: Handling of Personal Information

1. The handling of the user’s usage information by our company shall be in accordance with the privacy policy separately established by our company, and the user agrees that our company will handle the user's personal information in accordance with this privacy policy.
2. Our company shall be able to use and disclose the information and data provided by the user to our company as statistical information, in a method that does not identify the individual, at our company’s discretion.

Article 19: Valid Period

The usage contract for these services shall remain valid between our company and the user during the provision period of these services.

Article 20: Handling Corporations as Students

1. When the student is a corporation that will use these services for its own employees, the corporation shall inform our company in advance of the number of employees who will use these services, and our company will grant IDs and passwords to the corresponding number of employees who will use these services.
2. When the student is a corporation, a number of employees that exceeds the number of employees reported in the previous paragraph may not use these services.
3. When the student is a corporation, its employees shall comply with these terms in the usage of these services. Any violations of these terms committed by an applicable employee shall be deemed as a violation by the corporation.

Article 21: Communication/Notification

1. Inquiries regarding these services, and other communications or notifications from users to our company, and notifications regarding changes to these terms and other communications or notifications from our company to users shall be made by the method specified by our company.
2. Regarding the notifications in the previous paragraph, if the notifications in the previous paragraph are posted on our website, or by sending an email or a document, the notification will take effect from the time it is posted on our website, the time the email was sent, or the time the document was sent.

Article 22: Transfer of Rights and Obligations

1. The user cannot transfer, reassign, set as collateral, or otherwise dispose of the status of the usage contract or course contract, and the rights or obligations based on these terms to a third party, without prior written consent from our company.
2. If our company transfers the business related to these services to another company, the status under the usage contract or course contract, the rights and obligations based on these terms, the registered items of the registered user and other customer information may be transferred to the transferee of the business transfer with the transfer of the business, and the registered users shall have agreed to this transfer in advance in accordance with this paragraph. The business transfer specified in this section shall include not only normal business transfers, but also all other business transfers, such cases where the company has been separated.

Article 23: Changes to These Terms

Our company shall be able to make changes to these terms (including the rules and regulations regarding these services posted on our website and app. The same shall apply to the Articles below). When changing these terms, our company will notify the user that the terms have been changed, the changed terms, and the effective period of the changed terms, on our website and app, and be available for inquiries.

Article 24: Separability

Even if any Article or part of these terms are judged to be invalid or unenforceable by the Consumer Contract Law or any other laws and ordinances, the rest of the regulations of these terms, some of which have been determined to be invalid or unenforceable, shall remain in full force and in effect, our company and the user shall legalize the invalid or unenforceable Article or part, will modify it to the extent necessary to have enforceable power, and we shall endeavor to ensure the effect of the invalid or unenforceable Article or part, and its legal and economical equivalent effect.

Article 25: Regulations for Continuance

The regulations of Article 7, Article 14 to Article 18, Article 20 to Article 21, and Article 23 to Article 28 shall remain effective even after the termination of the usage contract for these services.

Article 26: Governing Law and Court of Jurisdiction

The governing law of these terms shall be Japanese law, and in case of any disputes arising out of or related to these terms, the Tokyo District Court shall be the exclusive agreement jurisdictional court of the first instance.

Article 27: Language

These terms are created in Japanese, and the Japanese version is the original copy. Translated versions created in English or other languages (including but not limited to documents translated in whole or in part of these terms) are for reference only. If there are any contradictions or inconsistences in the content, the Japanese version shall take precedence.

Article 28: Consultation Resolution

If there is any doubt about matters not stipulated in these terms, or the interpretation of these terms, our company and the user shall seek mutual solution promptly after consultation in accordance with the principle of good faith.

End

(Established July 30, 2020)