Users (hereinafter referred to as "Party B") utilizing the online Taiwan Mandarin Tutoring Service, "HaotalksWorld" provided by ESENT LLC (hereinafter referred to as "Party A"), are required to confirm and agree to all the provisions outlined in the following "Member Agreement" (hereinafter referred to as the "Agreement"). Upon confirming and agreeing to these terms, Party B shall establish a contractual relationship with Party A based on this Agreement. Subsequently, Party B may proceed with various registrations, applications, payments, and utilization of the Party A .
Chapter 1: General Provisions
Article 1 (Scope of this Agreement)
All regulations and provisions established by Party A, as well as any notices posted on the Party A 's website and any communications directed to learners, including Party B, shall constitute integral parts of this Agreement.
Article 2 (Priority of Agreement Contents)
In the event of any conflict between individual provisions or notices, the one subsequently communicated shall take precedence and be applied.
Article 3 (Scope of Application of Agreements, etc.)
The scope of application of this Agreement includes not only Party A's website but also all information sent by Party A to Party B through applications, emails, and other means provided by Party A.
Article 4 (Priority of Individual Contracts)
In the event of the existence of individual agreements (hereinafter referred to as "Individual Contracts") separate from this Agreement between Party A and Party B, the provisions of the Individual Contract shall take precedence.
Chapter 2: Parties
Article 5 (Legal Relationship of the Parties)
1. The service entails Party A providing Party B with tutors (referred to as "teachers") who conduct lessons in Taiwanese Mandarin. Party A will reasonably facilitate the matching of teachers, lesson opportunities, and scheduling.
2. The transactions related to the provision of lessons, including their content, within the scope of Party A's service, are individually conducted between Party B and the tutor for each lesson. Party B acknowledges that Party A is not a party to the transactions involving lessons.
3. The tutor is responsible for providing the content mentioned in Section 2 to Party B. As the tutor is not a party to Section 1, any inquiries or requests regarding the service, its operation, system, plans, applications, payments, and other matters related to members (hereinafter referred to as "operations, etc.") must be directed to Party A through the means specified by Party A for confirmation. Party B cannot make inquiries or relay requests for operational confirmations or requests directly to the tutor.
4. Party B acknowledges that, even if the tutor provides incorrect information regarding operations, etc., and Party B incurs disadvantages as a result, Party A shall not be held responsible.
5. The tutor's obligation is to provide lessons at the agreed-upon lesson time through the Service's matching. Party B acknowledges that all time and actions outside the lesson time are excluded from the scope of performance.
6. Communication from Party B to the tutor is restricted to essential matters related to lessons before and immediately after the lesson. Direct communication, regardless of the means or content, is prohibited during normal times. The necessity of communication shall be determined by Party A.
Chapter 3: Member ID and Account
Article 6 (Member Registration)
1. Party B shall complete the member registration process after confirming the following items. The registered email address shall serve as the member ID, which remains fixed and is not subject to subsequent changes.
① Register with an email address capable of receiving notifications from Party A at all times.
② Ensure that the email address used for registration is continuously usable.
③ Verify that Party B's communication environment does not hinder the use of the Service.
④ Confirm that the registered email address belongs to the individual; if using a family member's email address, obtain the consent of the respective family member.
⑤ In the case of Party B being a minor, Party B must obtain the consent of the legal representative, such as a parent or guardian.
⑥ Acknowledge that Party A may send electronic notifications, advertisements, surveys, and similar communications related to the Service to Party B.
⑦ Acknowledge that, for the improvement of Party A's service quality, Party A may record and retain the content of inquiries and communications from Party B.
⑧ Acknowledge that, for the improvement of Party A's service quality, Party A may, at any time, monitor, record, audio record, video record, and store the content of individual online lessons between the tutor and Party B.
2. In all cases of contacting Party A, Party B shall initiate contact from the member ID or require the presentation or notation of the member ID. Party B acknowledges in advance that any disadvantage resulting from forgetting to do so shall be borne by Party B, and Party A shall be exempt from liability.
Article 7 (Account)
1. In addition to the email address registered as the member ID, Party B's information registered with Party A through other means specified by Party A is collectively referred to as the "Account."
2. If the content of the Account in the preceding paragraph is insufficient, Party A may refuse to provide services to Party B until the registration content becomes sufficient.
Article 8 (Prohibition of False Registration)
Party B must not provide false information. If Party B's registration details are found to be untrue, Party A reserves the right to reject new applications from Party B or, if already submitted, may forcibly terminate the membership. In such cases, Party B acknowledges in advance that they are not entitled to claim a refund of any fees already paid to Party A or seek any other form of compensation.
Article 9 (Prohibited Actions and Rejection Criteria in Account Registration)
If Party B falls under any of the reasons specified below, Party A may refuse the registration application or cancel the registration even if it has already been completed. In this case, Party A is not required to provide prior notice to Party B, and Party B agrees in advance that they cannot claim a refund of the fees already paid to Party A or any other damages.
① Non-existent entity.
② Attempts or actions to maliciously register a large number of memberships.
③ Cases of false registration, significant errors, or omissions in the registration information.
④ Previously had registration canceled by Party A.
⑤ The specified bank account, credit card, or other payment services provided by Party B do not exist or are currently suspended.
⑥ Party B has previously defaulted on payment.
⑦ Party B is a minor, an adult ward, a person under guardianship, or a person under assistance, and has not obtained the consent of a guardian or statutory guardian during registration.
⑧ Unauthorized use of a family member's email address without confirmation from the family member.
⑨ Affiliation with or potential association with organized crime groups, their related companies, racketeers, or equivalent individuals (hereinafter referred to as "antisocial forces").
⑩ Use of email addresses associated with antisocial forces or those used for criminal activities, including situations where there is a risk of such associations.
⑪ Violation of the prohibited actions, or if Party B has violated the prohibited actions in the past.
⑫ Determined by Party A to be engaged in customer harassment, or if Party B has been involved in customer harassment in the past.
⑬ Other situations where Party A deems Party B unsuitable as a user of the Service.
Article 10 (Principle of Personal Registration)
Member registration and account registration shall, as a general principle, be carried out by the individual. In the event that registration is carried out by a third party, Party B shall bear all resulting disadvantages.
Article 11 (Prohibition of Account Transfer and Lending)
1. Party B shall manage the account carefully and is prohibited from allowing a third party to use, transfer, lend, or engage in similar activities with the account.
2. Notwithstanding the preceding provision, Party B may, with the consent of Party A, authorize the use of the account by their immediate family members (limited to spouse, children, parents, and siblings). In such cases, Party B agrees to comply with Party A's instructions.
Article 12 (Disclaimer at Login)
Party A may consider the use of the Service during login as being conducted by Party B personally or by authorized family members, based on the correspondence between the login information entered and the registered information.
Article 13 (Notification to Registered Account)
To ensure the receipt of emails from Party A, Party B must always allow the receipt of communications to the member ID. However, Party B agrees in advance that even if Party B has configured their settings to refuse email notifications from Party A, Party A may still send emails containing important information about the Service.
Article 14 (Completion of Notification)
Notifications from Party A shall be deemed completed upon transmission to the member ID or by responding to Party B's email address provided to Party A.
Article 15 (Disclaimer by Party A Regarding Member ID)
1. Party A shall not be held responsible for any failure of emails from Party A to reach Party B due to inaccuracies or errors in the email address registered as the member ID or if Party B neglects to update their reception settings.
2. Party B assumes the obligation to compensate for any damages arising from such non-delivery and agrees to release Party A from any liability in any circumstances.
Article 16 (Forgetting the Member ID)
If Party B forgets their member ID or suspects unauthorized use by a third party, Party B must promptly contact Party A and follow Party A's instructions. Party B acknowledges the obligation to indemnify Party A for any damages arising from delayed contact, and, in any case, Party B agrees to release Party A from any liability.
Article 17 (Changes to Account Information)
If there are changes to the registered name, member ID, or other information specified by Party A in the account, Party B must promptly report to Party A and follow the procedures specified by Party A for the deletion of the previous account and the registration of the updated account.
Chapter 4: Purchase of Plans and Payment
Article 18 (Plans)
1. A "Plan" refers to a monthly fee structure based on the number of lessons available for reservation within a one-month period as defined by Party A.
2. Party A may specify the types of plans on the website or other platforms.
3. All plans will be subject to automatic renewal on a monthly basis, as determined by Party A, and will be subscription-based.
Article 19 (Application for Plans and Available Period of Use)
1. Party B can utilize the Service by selecting and purchasing one of the plans from Party A's website.
2. Party B can use the number of lessons specified in the purchased plan within the one-month period defined by Party A.
3. The allocated number of available lessons for the specified one-month period must be utilized within that designated month, and the carryover of unused lesson credits to the following month is not permitted.
Article 20 (Payment Methods)
1. Party B shall pay the service usage fees to Party A using one of the following methods: ① Credit card ② Debit card ③ Payment by a collection agency designated by Party A
2. All payments shall be made in advance of using the service.
3. If Party B is a legal entity, in addition to the methods in the preceding paragraph, Party B may choose to make payments through bank transfer to a bank account designated by Party A, with the approval of Party A.
Article 21 (Automatic Subscription Renewal)
1. When purchasing and using a subscription plan of the Service, unless Party B applies for the cancellation of the automatic subscription renewal, the plan will be automatically renewed every month, and the fee for the same subscription plan will be charged.
2. The timing of renewal and payment shall be specified separately on Party A's website etc.
3. Party A may revise the fees for each subscription plan after prior notice on the website, etc.
Article 22 (Failure of Renewal)
1. In principle, if payment fails and renewal becomes impossible, the plan will be canceled. However, Party A may, at its discretion, refrain from canceling the plan for a certain period as a grace period. However, during the grace period, the service will be suspended.
2. If Party A provides a grace period and Party B makes the required payment during the grace period, Party B's plan will not be canceled and will continue as originally intended.
3. If Party A provides a grace period and Party B does not make the required payment during the grace period, Party B's plan will be canceled at the end of the grace period.
Chapter 5: Use of the Service
Article 23 (Start of Service Utilization)
After completing the registration of the account, Party B can commence using the Service from the date and time when Party A confirms the initial payment of the usage fee, as specified in these Terms and Conditions (hereinafter referred to as the "Commencement Date").
Article 24 (Web Conferencing Software)
Party B shall utilize the online Web Conferencing Software specified by Party A and provided by a third party (hereinafter referred to as the "Web Conferencing Software") when participating in lessons through the Service.
Article 25 (Impact of Communication Environment)
Party B acknowledges that the communication quality may deteriorate or the Web Conferencing Software may change due to the tutor's communication environment.
Article 26 (Terms of Use for Web Conferencing Software)
When using the Web Conferencing Software, Party B shall adhere to the terms of use, conditions of use, and other specifications set by the third party providing the Web Conferencing Software.
Article 27 (Pre-download and Pre-check)
Before registering as a learner, Party B must pre-download the Web Conferencing Software and confirm its compatibility with the learner's environment.
Article 28 (Disclaimer by Party A for Web Conferencing Software)
Neither Party A nor the tutor shall bear any liability if Party B is unable to attend lessons due to the unavailability of web conferencing software in Party B's environment, hardware malfunctions, settings issues, or other factors on Party B's side necessary for the use of web conferencing software. In such cases, Party B shall not be entitled to request a redo or extension of the lesson from Party A or the tutor.
Chapter 6: Lessons
Article 29 (Lesson Time)
1. The minimum unit of lesson time is one session, and the duration of one session is as specified by Party A.
2. If Party B reserves two or more consecutive sessions with the same tutor without interruption, Party B may, with the tutor's permission, connect the sessions and conduct them continuously.
3. Even with the tutor's permission, if the tutor requests a break during the lesson, Party B cannot refuse.
4. Not limited to the preceding paragraph, if there is a need for a break due to the impact of communication software or if Party A instructs to take a break, a break must be taken.
5. When conducting consecutive lessons, the break time is limited to one break between the connections of each session (e.g., one break for two consecutive sessions, two breaks for three consecutive sessions). A break must not exceed 10 minutes.
6. Even when conducting consecutive lessons, excluding break time, the total duration of the lessons must not exceed the time per session multiplied by the number of sessions.
7. Break time is the time declared as a break by the tutor, and time spent chatting or other activities during the lesson is not included in the break time, and Party B agrees to this in advance.
Article 30 (Content of Lessons)
1. Party B acknowledges that the content of lessons, the selection of texts, and the distribution of time during lessons are determined through discussions between the tutor and Party B. In cases where discussions between the tutor and Party B do not reach an agreement, the tutor is granted decision-making authority.
2. The content and decisions made under the preceding paragraph must fall within the scope of the services defined by Party A. Neither Party B nor the tutor may make decisions that exceed the scope of the services defined by Party A. Party A retains the right to determine whether decisions are within the scope of the services, and both Party B and the tutor must comply with Party A’s decision.
3. If Party A determines that the decisions made under paragraph 1 exceed the scope of its services, Party A may instruct Party B and the tutor to revise the decisions, and both Party B and the tutor must comply with such instructions from Party A.
Article 31 (Lesson Reservations)
1. Party B must select the lesson date and tutor for each lesson no later than 3 hours before the start time of the lesson.
2. Reservations made by Party B become effective when reflected in Party B's reservation status on the website.
3. All times in the service are based on Japan Standard Time (GMT+9:00).
Article 32 (Lesson Reservation Limits and Scheduling Restrictions)
1. Party B may not make reservations that exceed the maximum number of lessons for one month, as determined by the plan Party B is using.
2. Party B must complete all reservation-related actions (hereinafter referred to as "reservation actions," including reservation, cancellation, and changes) for the maximum number of lessons available in the designated one-month period by the end of that month. After the one-month period has ended, Party B will no longer be able to perform any reservation actions. If automatic renewal applies, a new designated one-month period will commence after the renewal; if no automatic renewal applies, the plan will terminate.
3. Party B may not make reservations for lessons scheduled on any date beyond the designated one-month period of the plan in use, regardless of when the reservation is made.
4. Within the scope and limitations described in the preceding paragraphs, Party B may make reservations for lessons up to 14 days in advance.
5. If Party B's plan is scheduled for automatic renewal, Party A may permit Party B to make lesson reservations beyond the current one-month period, notwithstanding the provisions of Paragraph 3. This exception is referred to as the "Automatic Renewal Exception." However, even in such cases, re-reservation or changes after cancellations will not be allowed.
6. If Party B requests cancellation of the plan's renewal with Party A, the "Automatic Renewal Exception" in the preceding paragraph will no longer apply. The available dates for lesson reservations will be limited to the original one-month period, except for reservations that have already been completed.
Article 33 (Cancellation and Modification of Reservations)
Party B, if wishing to cancel attendance for a reserved lesson, must complete the cancellation process on the website no later than 3 hours before the scheduled start time, and such cancellation must be carried out through the means specified by Party A. If the cancellation is not completed within this 3-hour window or in case of failure to cancel, the lesson will be considered utilized, regardless of whether it is attended or not.
1. If Party B wishes to cancel or modify a reserved lesson, such as changing the date, time, or tutor, Party B must complete the cancellation or modification process on Party A's system no later than 3 hours before the scheduled start time. Party B may not request or rely on Party A or the tutor to perform the cancellation or modification.
2. Cancellation and modification of reservations must be carried out in accordance with the methods and procedures specified by Party A.
3. If the 3-hour period before the lesson start time has passed, cancellations or modifications will no longer be allowed, and the lesson will be considered utilized regardless of attendance. Party B shall not be entitled to request a redo or extension of the lesson from Party A or the tutor.
4. Party B is encouraged to complete any cancellation or modification with sufficient time before the 3-hour deadline to avoid issues. If Party B attempts to cancel or modify a reservation close to the 3-hour deadline and is unable to complete the process due to communication issues or system congestion, the cancellation or modification will be considered incomplete. In such cases, Party B may not claim that the attempt was made before the deadline, nor may Party B request a redo, extension, or further cancellation or modification of the lesson from Party A or the tutor.
Article 34 (Assumed Absence)
1. If Party B does not respond to inquiries from the tutor or Party A at the scheduled start time of the lesson, or if Party B is not present in the lesson room, Party A may deem Party B absent and may terminate the lesson.
2. Notwithstanding the previous clause, the tutor may wait for Party B for up to 10 minutes from the scheduled start time. However, if Party B has not entered the lesson room within this 10-minute period, the tutor may terminate the lesson room after the 10-minute mark and deem Party B absent. In such cases, Party B shall not be entitled to request a cancellation, modification, redo, or extension of the lesson from Party A or the tutor.
Article 35 (Personal Information Provided to Teachers)
Upon making a lesson reservation, Party B acknowledges that the email address and other information provided to the individual tutor selected by Party B (hereinafter referred to as the "individual teacher") constitute a separate transaction between Party B and the individual teacher, exempt from the handling of registered information in "Chapter 8: Handling of Registration Information," and Party A assumes no responsibility.
Chapter 7: Plan Termination, Pause, and Withdrawal
Article 36 (Policy for Cancelling Automatic Subscription Renewals)
1. Party B may cancel the automatic renewal of the subscription plan they have purchased and are using for subsequent periods, in accordance with the methods and procedures specified by Party A. This cancellation applies only to stopping future renewals and does not entitle Party B to any refunds for payments already made.
2. If Party B wishes to stop the renewal of the subscription plan they have purchased and are using for subsequent periods, Party B must directly perform the cancellation process on Party A's website. It is recommended that Party B completes the cancellation process by the day before the renewal date, as the risk burden falls on Party B in the event that the cancellation process is not completed in time due to communication issues or system congestion.
3. The cancellation process performed by Party B in the preceding paragraph shall be deemed completed at the point when Party A's system recognizes Party B's cancellation request.
4. There shall be no automatic renewal after the cancellation process registration is completed. Additionally, retroactive cancellation requests and refunds for past periods will not be accepted.
5. The cancellation process must be performed and registered by Party B on Party A's website. Requests for cancellation made to the administrative office will not be accepted. Any application or message to the tutor shall be invalid as it contradicts this Agreement, and Party B acknowledges in advance that, based on Article 5, tutors have no obligation or responsibility to convey messages from Party B to Party A.
Article 37 (Suspension)
1. Suspension refers to the state of maintaining the account, including the member ID and other accounts, after canceling the plan.
2. After canceling the plan renewal and the expiration of the plan period, Party B will generally be considered suspended.
3. If the usage fee is not paid, or if payment is suspended based on Party B's intention, Party A may consider Party B suspended.
Article 38 (Available Services during Suspension)
During suspension, Party B can log in to the member account at any time, maintaining the member ID and other account information, and can refer to past plan applications and lesson histories. However, Party B will not have access to rights granted only to those currently using a plan by Party A.
Article 39 (Resumption from Suspension)
1. Resumption from suspension can be done at any time by purchasing a new plan through Party B's membership ID on Party A's website.
2. Due to changes in Party A's services or plans, there may be instances where Party B cannot select the plan used before the suspension.
Article 40 (Account Deletion)
1. Account deletion is one of the post-plan termination treatments and, unlike suspension, involves deleting the membership ID, other accounts, and usage history, making all records irreversibly unrecoverable.
2. If Party B wishes to request account deletion as a post-plan termination treatment after canceling plan renewal, Party B must clearly apply for “account deletion” through the method specified by Party A. A claim of “withdrawal” or similar will not suffice, and in such cases, Party A may treat Party B as being on suspension. The account deletion process is considered complete when Party A confirms the request and sends a notification via email or other means.
3. Account deletion applications must be directly submitted by Party B to Party A. Requests or messages sent to the tutor are invalid and have no effect, in accordance with Article 5. Party B acknowledges in advance that the tutor has no obligation or responsibility to convey messages from Party B to Party A.
4. The account deletion process is expected to take approximately 10 days after Party B cancels plan renewal and the plan expires.
5. As a result of the account deletion process, Party B will lose membership status, account information, and usage history, with all records being irreversibly lost.
6. Party A is not obligated to provide any further communication regarding the completion of the account deletion process.
7. Once the account deletion process is complete, Party B loses all rights to access the service, and Party B cannot make any claims against Party A.
8. After completing the account deletion process, Party A may utilize Party B's data in a processed form that cannot identify the individual, for purposes such as service improvement.
9. Party B accepts full legal responsibility for any damages caused to Party A or third parties due to Party B's actions, even after the loss of membership status, and Party B agrees to release Party A from any liability in any circumstance.
Chapter 8: Handling of Registration Information
Article 41 (Restrictions on Purposeful Use)
Party A shall use Party B's account solely for the purpose of providing this service.
Article 42 (Limitation on Third-Party Disclosure)
Except in the following cases, Party A shall not disclose Party B's account to a third party without Party B's prior consent:
① When disclosure is required based on laws or regulations.
② When disclosure is requested by a public institution.
③ When entrusting some aspects of this service to a third party for the purpose of providing this service.
Article 43 (Limitations Based on Privacy Policy for Personal Information)
Party A shall handle information falling under "personal information" in Party B's account in accordance with the privacy policy.
Chapter 9: Prohibited Acts and Penalties
Article 44 (Prohibited Acts)
Party B shall not engage in the following acts during registration and even after account deletion:
① Acts that infringe upon or may infringe upon the honor, reputation, copyrights, patents, utility model rights, design rights, trademark rights, portrait rights, or privacy of Party A, other students, tutors, or third parties.
② Sending direct emails to tutors is limited to necessary matters before and immediately after lessons. Acts of sending private communications to tutors through any means, regardless of email, are prohibited.
③ Unlawfully obtaining information about other members and contacting them.
④ Transferring, using, selling, changing the name, pledging, or providing collateral for the right to use the service or the account to others.
⑤ Illegal acts, acts contrary to public order and morals, and acts that obstruct the operation of the service.
⑥ Using the service for commercial purposes, profit-making, or preparations for such activities.
⑦ Recording or broadcasting lessons without permission from Party A and making them public on the internet.
⑧ Soliciting or encouraging illegal acts to other users or tutors of the service.
⑨ Harassment acts, abusive language, or threats against Party A's operators and tutors, hindering the progress of lessons and chat, or engaging in disruptive behavior.
⑩ Acts of using offensive language, making excessive demands, making threats, harassment, or repeatedly asking the same or meaningless questions to Party A's operators.
⑪ Acts of using offensive language, making excessive demands, requesting extended lesson times, demanding contact outside of service hours, making service-related requests, threats, obstructing the progress of lessons, prying into private life, or repeatedly asking the same or meaningless questions to tutors.
⑫ Inquiring into confidential information that Party A has not generally disclosed.
⑬ Acts of soliciting religious, political organizations, or multi-level marketing to tutors.
⑭ Acts of soliciting services or organizations that may compete with Party A to tutors.
⑮ Allowing users other than family members to use the member ID and subscribed plans.
⑯ Registering multiple accounts without reasonable cause.
⑰ Acts causing economic or mental harm or disadvantage to other users or tutors of the service.
⑱ Acts determined by Party A to constitute customer harassment.
⑲ Any other acts that Party A deems inappropriate and deviating from common sense.
Article 45 (Penalties for Violations and Legal Relations)
In the event that Party B falls under any of the following, Party A may impose penalties such as suspension or deletion of the account. In this case, Party B agrees in advance that they cannot claim a refund of already paid fees or seek other damages.
① Party B violates any provision of these Terms of Use.
② Party B delays or neglects payment of usage fees.
③ Party B fails to follow instructions from Party A when using the service.
④ Party B's use of the service is deemed inappropriate by Party A.
Article 46 (Disclaimer for Violations)
In the event that Party B incurs damages to Party A or third parties due to acts violating Article 44 and Article 45, Party B shall bear all legal responsibilities even after the deletion of the service account and shall absolve Party A of any liability in any case. However, this does not apply in cases where Party A is at fault.
Chapter 10: Liability for Damages
Article 47 (Responsibility for Party B's Violation of Terms)
Party A may claim compensation from Party B for direct or indirect damages or losses resulting from Party B's violation of these Terms of Use.
Article 48 (Limitation of Party A's Liability)
In the event that Party B suffers a loss due to deficiencies or defects in the service, Party B agrees in advance that the maximum amount of compensation for damages to be claimed against Party A shall be limited to the amount of usage fees paid by Party B to Party A for the month in which the damage occurred. However, this limitation shall not apply in cases where there is willful misconduct or gross negligence on the part of Party A, provided that the burden of proof for such willful misconduct or gross negligence lies with Party B.
Chapter 11: Disclaimer
Article 49 (Disclaimer)
Party B agrees that Party A shall not be liable for any damages arising from or related to the matters stipulated in the following clauses:
① In the event of a rapid increase in the number of users or insufficient provision of lessons.
② If Party B cannot reserve lessons with a specific desired tutor.
③ If the service is not available or cannot be reserved for use at the specific desired time requested by Party B.
④ If lessons or chats are unavoidably stopped or suspended due to force majeure such as natural disasters or power outages.
⑤ In the case of acts by third parties, such as unauthorized access.
⑥ Matters arising from the content, statements, screens, descriptions, or other actions of the tutors during lessons.
⑦ The learning effectiveness, validity, accuracy, truthfulness, etc., of the service.
⑧ The effectiveness, validity, safety, accuracy, etc., of services or teaching materials recommended or introduced by Party A in connection with the service.
⑨ In the event that the service is unavailable due to malfunctions or issues with services provided by partner companies of Party A.
⑩ Damages incurred due to virus infections or other issues arising from files received or opened at the user's own responsibility through lessons.
⑪ Inability to use the service due to the loss or unusability of passwords, etc., caused by the negligence of Party B.
⑫ The completeness, accuracy, currency, safety, etc., of all information, descriptions, links, etc., provided by the service.
⑬ The content and use of websites operated by third parties other than Party A, whether linked from or to this website.
Chapter 12: Copyright and Ownership
Article 50 (Attribution of Copyright and Ownership)
The copyright and ownership of trademarks, logos, descriptions, content, etc. (hereinafter referred to as "trademarks, etc.") related to the service shall belong exclusively to Party A.
Article 51 (Restrictions on the Use of Trademarks, etc.)
Party B is prohibited from engaging in activities beyond the scope of service use, such as using the trademarks, etc. mentioned in the preceding article without the express consent of Party A, reproducing them, altering them, or reprinting them in magazines or on other websites, or on social media.
Article 52 (Measures for Violation of the Preceding Clause)
In the event that Party B violates the preceding clause, Party A has the right to take various measures (warnings, legal actions, claims for damages, injunctions, claims for reputation restoration, etc.) based on copyright law, trademark law, etc. against Party B.
Chapter 13: Exclusion of Anti-Social Forces, etc.
Article 53 (Exclusion of Anti-Social Forces, etc.)
Party B declares that they do not fall under any of the following items and guarantees that they will not fall under any of them in the future. In the event that it is discovered that Party B falls under any of the following items, Party A may immediately terminate the contract, and Party A shall not be liable for any consequences resulting from the termination.
① Being a member of an organized crime group (hereinafter referred to as "anti-social forces") such as a gangster, a former gangster within the last five years, a quasi-member of an organized crime group, a company related to an organized crime group, a political racketeer, a social activist posing as a group member, or a special intelligence violent group member, or any other similar individual.
② Having a relationship recognized as being dominated by anti-social forces.
③ Having a relationship recognized as having substantial involvement in the management by anti-social forces.
④ Having a relationship recognized as using anti-social forces for the purpose of pursuing one's own or a third party's unjust gain or for the purpose of causing damage to a third party.
⑤ Having a relationship recognized as providing funds or other benefits to anti-social forces or facilitating them in any way.
⑥ Having a relationship where officers or individuals substantially involved in the management are socially condemned for their association with anti-social forces.
Chapter 14: Interruption and Termination of the Service
Article 54 (Principle Methods of Interruption or Termination)
In the event that Party A intends to interrupt or terminate the service, Party A shall provide notification in advance through posting on the homepage or sending emails to Party B.
Article 55 (Exceptional Interruption or Termination)
Party A may interrupt the service without prior notice if, due to circumstances beyond its control, such as communication failures, application malfunctions, domestic or international political situations, natural disasters, or server malfunctions, the provision of the service becomes difficult.
Article 56 (Geographical Considerations)
Party A shall communicate in advance through the website or email regarding interruptions to the service or a decrease in the number of offered lessons due to Taiwanese holidays (such as the Lunar New Year). Party B agrees in advance to the possibility that the service may be unavailable or that the availability of lessons may significantly decrease compared to normal.
Chapter 15: Changes to this Agreement
Article 57 (Method of Agreement Changes)
Party A may modify the terms of use without prior notification to Party B.
Article 58 (Effectiveness of Agreement Changes)
The modified terms of use shall take effect at the time they are posted on the website or when Party A communicates the information to Party B through the provided application and email. Party B agrees in advance to this method of modification.
Chapter 16: Applicable Law and Exclusive Agreement Jurisdiction Court
Article 59 (Applicable Law)
This agreement shall be interpreted in accordance with the laws of Japan.
Article 60 (Exclusive Agreement Jurisdiction Court)
Party B agrees in advance that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance for the resolution of any disputes arising from or related to the service or this agreement between Party A and Party B.
Supplementary Provision:
Language
This Agreement is made in Japanese and translated into English. The Japanese text is the original, and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.
Revised on September 12, 2024