This agreement sets forth the terms and conditions for the use of this service operated by the Company.
Article 1 （Definition）
The words used in this Agreement is defined as follows.
- The Company OHANA BLOOM Co., Ltd.
- This Service Services stated in Article 3
- The Website https://www.ohanabloom.co.jp/
- Student Users of this services
- Intellectual property rights, Patent rights, industrial property rights such as trademark rights, etc., Intellectual property rights such as copyright (including the rights stated in the copyright law Article 27 and Article 28) and other rights.
- Antisocial forces An organized crime group, a member of an organized crime group, a person who was a member of a crime group within the past 5 years, an associated member of a crime group, a related enterprise of an organized crime group, corporate blackmailers or the like, a miscreant advocating political activism, an intellectual crime group or the like, or any party similar to any of the foregoing.
- Equipment Equipment, telecommunication software, and all other means.
- Confidential Information Private information, customer information, industrial information, and all other information.
- The agreement applies to every s
- If you do not agree to the terms of agreement, do not use this service.
- Students of this service will be deemed to have agreed to these terms and conditions at the time of application for registration or use of this service.
- The contents of this agreement may be changed as required, and any changes will be reported via email, posts on the company’s website, as well as additionalmethods.
- On this service, other than this agreement, usage of this service and points to note are posted on this website. Those statements also constitute a part of this a
Article 3 (Service content)
- This service is a Japanese language school and includes the following services specified below.
- Face-to-face group lessons/private lessons
- Online group lessons/private lessons
- Japanese correction/ translation
- Other system use (online correction sites,)
- For online services, the provisions specified below shall apply.
- Attend classes from the link with the ID and password provided by the Company.
- Students must turn their cameras/video on and show their faces unless he/she has a specific reason. Students unable to show their face will be considered absent.
- Please check the materials, homework, and testsat the specified locations.
- Students are responsible for the environment in which voice and other services are provided, and for the Internet environment, and we assume no responsibility for this.
- Students agree to their pictures being distributed to other students and cannot claim infringementof portrait rights and other rights.
- Specific details of this service, the time of offering and ways etc., shall be as prescribed on the w
Article 4 (Fees and Payment)
- Fees and payment methods of the service shall be set forth separately.
- For monthly classes within the service, payment shall be made in accordance with the following provisions.
- The first payment amount is the maximum equivalent of two months of classes.
- When the student starts taking classes from the beginning of the month, he/she will pay the monthly tuition fee.
- (4 lessons)
- When the student starts taking classes from the middle of the month
The remaining tuition fee of the month (1-3 lessons) + the tuition fee of the next month (4 lessons).
- Students shall pay the fees for this service in accordance with the Company’s rules.
- The Company will issue a receipt for students after confirming the payment.
- In the event that payment is late, the student shall pay a late fee at the rate of 14.6% per year.
Article 5 (Registration)
- Those who wish to use the service must register themselves and not be registered by someone other than the applicant.
- Application for registration shall be made by providing one’s information such as name, address, and email address through the procedures prescribed by the Company. An application with fake or false information will not be accepted.
- The contract between the Student and the Company shall be established at the time that the registration application is approved, and tuition fee payment has been made or at the time that receipt is issued from the Company.
- In the case of changing existing registered information, students are required to change information via the prescribed method. We are not responsible for any disadvantage caused to the student by incorrect or out of date information.
- The Company may cancel registration or refuse to offer the service when the Company determinesa student falls under any of the following.
- If registration criteria for examination specified by the Company are not met.
- If any false information is provided in the registration application.
- Failure of performance of the obligation to the Company
- If a student damageshis/her honor or trust of the Company, teacher, or other students unintentionally or through negligence, or if a student has committed an act resulting in significant damage.
- If you violate any part of this agreement or have violated it in the past.
- Any other situations that the Company determines that is not appropriate to approve the registration.
- If the student did any of the actions described in the preceding paragraph, the Company shall not be obligated to disclose the reason.
Article 6 (Management of passwords, etc.)
- The student carefully manages his/her ID and password at their own risk and does not disclose them to any third party.
- The ID and password are for a student’s personal use only, and transfer and lending is prohibited.
- The Student is deemed to be responsible for any acts performed using his/her ID and password and the Company shall not be responsible or liable for this.
- Please contact us immediately in the case of your ID being used without permission or your login information was leaked to a third party.
Article 7 (Absences, class cancellations, etc.)
- Students should contact the Company beforehand if they will be absent from the class offered as the service. If students contact the company about absences beforehand, the classes could be transferred if it is the same class held within a month. However, if the number of students in a transferred class is exceeded, students cannot transfer to that class.
- The Company is not obligated to do make up lessons and refunds for any reason in case of the student being absent without permission or unable to transfer to another
- The classes offered by the service may postponed, cancelled, or shortened due to the teacher’s health condition, natural disasters, wars, riots, transportation disruptions, accident at venues, fires, or other unavoidable reasons. In this case, the Company shall not bear any burden or debt to the student.
Article 8 (Leave of absence, withdrawal and change of classes)
- As a general rule, students may not take leave of absence, withdraw, or change classes. In the case of monthly paid classes, if you inform the Company before 22:00 on the 20th of each month, your leave of absence, withdrawal, and class changes will begin from the next month. If students miss the deadline, they will be suspended or withdrawn from the following month and will be charged for the following month.
Article 9 (Cancellation and Termination)
- After conclusion of this course agreement, a student is required to pay a maximum cancellation fee of 15,000 yen if he/shedecides to cancel the contract before the start of the service. If the payment is lower than 15,000 yen, the student is required to pay same amount as the fee.
- Withdrawal and cancelation after one begins using the service is not allowed except in the case provided by law. In case of termination stated by the law, if the usage period is more than 2 months and tuition is more than 50,000 yen, students are required to pay 50,000 yen or 20% of the remaining amount of the contract, whichever is lower in addition to the amount equal to the value of the service provided in accordance with the law.
Article 10 (How to use)
- Students should use this service in accordance with this agreement and in compliance with civil law, commercial law, personal information protection law, copyright law and other laws.
- Students are responsible for using the service. The Company is not responsible for students’ use of service except special cases.
Article 11 (Prohibition etc.)
- Studentsare prohibited from doing any of the following actions:
- Acts of recording, recording of video, and distributing contents of class and other services without the consent of the Company
- Acts in violation of this agreement
- Acts that violate the law or acts that may violate the law
- Acts that infringe on the rights of third parties or acts that facilitate violations
- Acts that are determined by Company as obstruction of this service or servers
- Acts that violate public order and morality
- Actions that are offensive to public order and morals
- Any other acts that determined by Company as inappropriate
- If we find any of the prohibited behaviors in the previous paragraph, or if we judge that a student falls under such prohibited behaviors, we may, at our discretion, suspend or terminate the service to the student, cancel the registration, or claim compensation for damages. We are not responsible for any damage caused by this.
Article 12 (Students’ responsibility)
- Students are responsible for the use of this service and guarantee to us that the use of this service does not infringe any intellectual property rights.
- Notwithstanding the preceding paragraph, students shall bear the cost and responsibility of resolving problems regarding use of this service and the Company shall not be responsible or liable for any problems.
- If students cause damage to the Company due to the use of this service, they shall compensate for the damage (including attorneys’ fees.).
- If students cause damage to a third party by using this service, students shall compensate this at their own cost and responsibility, and the Company shall not be liable for any damages. In this case, if the Company receives a claim from a third party, students shall indemnify the Company for the damages and costs (including attorney’s fees).
- Studentsshall bear the responsibility and cost of using their equipment to connect to our service.
- The Company does not guarantee that this service will be compatible with all devices/platforms.
- Students shall use this service with the understanding that they will go through various networks and devices in the process of using this service and that there is a possibility of changes in the contents of data and signals, to connect to or across these networks and devices.
Article 13 (Disclaimer)
- We do not guarantee that the use of this service will have any particular effect on students.
- Although we take great care in the content of this service, we make no guarantees as to its accuracy, completeness, up-to-dateness, or usefulness.
- We do not guarantee that the data created on this site will be saved, that you will be able to access this site, or that your use of this site will not be affected by viruses.
- We are not responsible for any problems that may occur between students or between students and third parties regarding this service.
- We are not responsible for damages caused by natural disasters or other reasons not attributable to us, damages caused by special circumstances, whether foreseen by us or not, and indirect damages including lost profits.
Article 14 (Intellectual property rights etc.)
Intellectual property rights of this site and this service belong to the Company or any third party having legitimate rights. Students are requested to use this service in accordance with the usage so as not to infringe the rights of other students, our company, or other third parties.
Article 15 (Suspension of service, change of contents, termination)
- The Company can temporarily suspend this service without prior notice or consent of students when installation of facilities is necessary for operation of this service, system maintenance, or in the case it is determined as needed for force majeure due to natural disasters,
- The Company reserves the right to change or terminate part or all of the service at our discretion with prior notice to students.
- The Company is not responsible for any damage caused to students in the case of the above two paragraphs.
Article 16 (Cancellation of Registration)
- Students must submit a notification by the method prescribed by the Company in case of cancellation of registration.
- Payments are non-refundable regardless of the reason of cancellation.
- The Company may cancel the registration immediately without prior notice if any of the following circumstances have occurred by the student.
- In the case of misrepresentation found on the registration form
- In the case of serious negligence or act of disloyalty
- In the case of other serious matters equivalent to previous 2 statements that make it difficult to continue the agreement or the individual a
- The Company can cancel the registration if students violate any terms in the agreement that are not mentioned in preceding paragraph and in the case the student has not made requested changes after the warning period.
- The Company or student must immediately repay if falling under any items in paragraph 3, obviously forfeiting the benefit of time and without notice from the other party about all the monetary obligations for the other party.
- If a student wishes to reregister after cancellation of registration, he/she will be required to redo the registration procedure. Students shall agree beforehand that previous data will not take over after reregistration.
Article 17 (Confidentiality)
The Company and students shall handle the confidential information disclosed or provided by the other party about use of the service with the care of a good manager. They shall not use the service other than its intended purpose without getting agreement of the other party beforehand without prior written consent of the third party.
Article 18 (Personal information protection policy)
The Company handle obtained Student’s personal information etc., in accordance with the personal information protection policy stated on the Company’s website.
Article 19 (Collection, analysis, and handling of information about students)
- The Company may use the registered information, device information and other information related to the student in the form not personally identifiable, using for information distribution by the Company, statistics, and other services or for providing it to third parties.
- The company shall not be held liable for damage caused by using information gathering methods such as cookies.
Article 20 (The elimination of antisocial forces)
- Our company and students shall represent and guarantee that they do not fall under the provision of any of the following (1)-(7) for now and in the future.
- Antisocial Forces
- Having a relationship with an antisocial force that is considered to be controlling the management.
- Having a relationship in which an antisocial force is recognized as being substantially involved in the management
- Having a relationship that is recognized that using Antisocial Forces unfairly such as in purpose of getting an illicit gain for him/herself or for a third party or in purpose of causing damage to a third party and so on.
- Having a relationship that is recognized in providing funds or providing convenience for Antisocial Forces.
- A person who is practically involved in officer or management is having a relationship that is socially reprehensible with Antisocial Forces.
- Abusive demands, physical threats, unfair requests that exceed liability, damage to credit to others/ obstruction of business by spreading rumors, fraudulent means, force etc. as him/herself or as a third party.
- When it is proven that the other party is applicable to any of preceding paragraph by violating statements and guarantees in the preceding paragraph, without any warning the Company and students can stop providing this service and can immediately terminate all the agreements related to this service and can claim compensation for the damage suffered.
Article 21 (Handover of Rights and Status etc.)
The Company and students cannot handover, sublet, pledge of collateral, or dispose in whatever manner for all the rights, obligations, and status related to this service without agreement of the other party.
Article 22 (Severability)
Even if any provision of these Terms and Conditions, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions, as well as the remaining portions of any provision that is determined to be invalid or unenforceable, shall continue to be in full force and effect.
Article 23 (Consultation and Resolution)
Any problem arising out of these agreements or any matter not stipulated herein, the Company and students shall be settled upon consultation in a sincere manner.
Article 24 (Jurisdiction)
Any lawsuit between the Company and the Student shall be brought under the exclusive jurisdiction of the District Court or Summary Court having jurisdiction over the head office of the Company as the court of first instance.
Article 25 (Governing Law)
The interpretation of this agreement will be interpreted in accordance with laws of Japan.
This agreement shall be enacted as of 15/12/2016.