Terms of Service
NIHONGO Terms and Conditions
”NIHONGO” is a generic term for Japanese language learning services provided by Fourth Valley Concierge Corporation (hereinafter referred to as the ”We/us/our”) through applications, and email distribution and other services incidental thereto (hereinafter referred to as the ”Service”).
Article 2 (Application of this T&C)
- This NIHONGO Terms and Conditions (hereinafter referred to as this ”T&C”) shall apply to all persons who use the Service (hereinafter referred to as the ”User(s)”), and the Users shall use the Service after agreeing to these T&C.
- In the event there are any separate terms and conditions, or precautions or notes (hereinafter referred to as ”Notes”) that we present in this Service, such Notes shall form a part of this T&C.
- We deem that you have agreed to this T&C by downloading or installing of the application software for the Service or using the Service.
Article 3（Use of Applications）
- In order to use the applications provided by us (including the contents provided within the application; hereinafter referred to as the ”Product”), Users shall agree to the terms of this article. If Users do not agree to this article, he or she shall not use this Product.
- By clicking on each download button, the User obtains the right to license the Product from us and to download or install the Product. We may cancel the license at any time at our discretion.
- In the event of a violation of this T&C by the User, we shall be entitled to suspend the use of the Product by such User.
- Users shall not sell, rent, lease, sublicense, transfer, modify, translate, reverse engineer, decompile, disassemble all or any part of the Product without our permission. In addition, the download, installation, and use of the Product shall be done only for the use of the Product by the User.
- We are under no obligation to provide version upgrades of the Product and to provide support with respect to the Product. Provided, however, that we may, at our discretion, provide Users with version upgrades of the Product, version upgrade information of the Product, etc., and may provide support services. In this case, this T&C shall also apply to the version upgrades of this Product.
- We shall not be obliged to change or modify the Product even if the equipment, facilities or software used by the User is not suitable for the use of the Product.
- We shall not be liable for any damages caused by slowdown or failure of the display speed of the Product due to excessive access or other unexpected causes.
- The User agrees in advance that in the event the API services that comprise the Product become unavailable within the Product for any reason whatsoever, the Product shall become unavailable and the User shall use the Product on such assumption. In addition, we shall not be liable for any damage to the User caused by the unavailability of this Product.
- The User may not transfer his or her rights in the Product to any third party.
Article 4 (Membership Registration)
- In the event the User wishes to use the Service, he or she shall register as a member (hereinafter referred to as ”Membership Registration”) through our prescribed procedures and shall acquire the ID and password (hereinafter referred to as ”User Account”) necessary for the use of the Service. The Membership Registration shall be completed upon our approval.
- The scope of the Service may be changed depending on the User or the device or the environment used by the User and the User shall acknowledge and accept this.
- The User shall be responsible for the content of the information entered or provided at the time of Membership Registration (hereinafter referred to as the ”User Information”). In the event of any change in the contents of the User Information, the User shall immediately update the information and provide us with the latest information at all times.
- We may not provide the Service if we deem it inappropriate, such as when the User Information is incorrect.
- The User Account issued by us shall be available only to the User who has received the issuance of the User Account (including the case where a User Account has been granted by an entity he or she belongs to and the same shall apply hereinafter) and shall not be transferred or lent to any third party.
- Any act performed on the Service by using the issued User Account shall be deemed to be the act of the User to whom such User Account was issued, and such User shall use the Service and manage the User Account under his/her own responsibility. We shall not be liable for any damage caused by theft of the User Account by any third party.
- We may provide the function to record and store the User Account of the User in the communication terminal used by the User. The responsibilities for the use of such functions shall also be governed by the provisions of the preceding paragraph.
In principle, we will not disclose User Information or any other information provided upon Membership Registration to any third party. However, in the following cases, we may provide personal information (including User's voice information, hereinafter the same in this T&C), User’s use history, and contents of messages to a third party, etc., without prior notice to the extent that it is not contrary to the applicable laws and regulations:
- When the disclosure is requested by a public organization or other organization pursuant to laws and regulations;
- When the consent of the User has been obtained; or
- When it is necessary for the protection of the life, body, or property of a person and it is difficult to obtain the consent of the User.
Article 5 (Withdrawal or Cancellation)
- In the event the User wishes to suspend the use of the Service, the User may cancel or withdraw from all or part of the contract concerning the use of the Service by following the procedures for withdrawal or cancellation prescribed by us.
- In the event the User terminates the contract as set forth in the preceding paragraph or the entity terminates or cancels the Group Agreement (defined hereafter), we may, at our discretion, delete the information registered or used in the Service, and the User shall not object to such deletion. The User shall store the necessary information at his/her own responsibility.
Article 6 (Disqualification of Membership)
- We may take such action as deemed appropriate by us (A) in the event we determine that the User has violated this T&C or Connect ID Terms and Conditions (hereinafter referred to as ”Connect ID T&C”), (B) in the event the contract between us and the entity to which the User belongs (hereinafter referred to as the ”Group Contract”) is terminated for any reason, including suspension of the use of all or part of the Service by such User, prohibition of future use or Membership Registration, suspension of all or part of the information entered in the Service, and non-display of such information in the Service, without prior notice to such User.
- We may deprive the User of membership if he or she does not use the Service for a certain period of time or if we deem it necessary.
Article 7 (Prohibited Acts)
Users shall not engage in any of the following acts or conduct that may fall under any of the following acts in the Service:
- Registration of intentionally false or misleading information;
- Acts that infringe upon the rights of others, such as copyrights, trademark rights, privacy rights, name rights, portrait rights, honor, etc.;
- Acts of slandering individuals or groups;
- Acts that are or are likely to be contrary to laws, regulations, or public order and morality;
- Acts to use various services provided on the Service for unauthorized purposes (including such acts caused by the use of defects in the Service);
- Acts such as the provision of information for the purpose of profit without our consent;
- Acts which interfere with the operation of the Service or which impairs our trust;
- Acts in breach of this T&C and Connect ID T&C; or
- Other acts that we determine to be inappropriate.
- In the event of any damage to us or a third party due to the acts listed in the preceding paragraph, the User shall be legally liable and shall indemnify us or any third party.
- We shall be entitled to suspend the use of the Service without prior notice if we reasonably determine that the User has performed the acts listed in Paragraph 1.
Article 8 (Use of Service)
The user shall, at his/her own expense and responsibility, arrange the communication environment such as telecommunications terminals and telecommunications equipment necessary for the use of the Service. In addition, the User shall bear the communication costs necessary for the use of the Service.
Article 9 (Copyright, etc.)
- The user shall confirm that the copyright and other intellectual property rights to the Service and copyrighted works, systems, etc., that arise in connection with the Service belong to us or any third party who has licensed us, and shall not reproduce, reproduce, transmit, translate, adapt, alter, add, or otherwise use the above for any purpose whatsoever.
- In the event of a dispute in violation of the provisions of this article, the User shall, at its own expense and responsibility, resolve such dispute and hold us and any third party harmless.
Article 10 (Service Interruption, Change, Termination)
We may, change the contents of the services provided by the Service, suspend temporarily or for a long period of time, or terminate the Service without prior notice to the User and the User shall accept this.
Article 11 (Temporary Suspension of Service)
We may temporarily suspend the operation of the Service and the services provided on the applicable site without prior notice to the User in the event of any of the following:
- Maintenance of the Service or modification of the specifications (including the case of maintenance or modification of the specifications of external SNS services);
- In the event of an act of God or other emergency and the operation of the Service and the services provided on such site is no longer possible; or
- In the event we deem necessary to temporarily suspend the operation of the Service and the various services provided on the applicable site for unavoidable reasons.
Article 12 (Force Majeure)
- We shall not be liable for any damage to the User caused by virus damage, power failure, server failure, telecommunication failure, any other damage due to acts of God, or any other cause based on force majeure not attributable to us (hereinafter referred to as ”Force Majeure”), which cannot be prevented by ordinary measures.
- We do not warrant that data managed or provided in the Service will not be erased or changed due to Force Majeure.
Article 13 (Indemnification)
- We do not warrant that (A) there will be no failure or error in the provision of the Service, (B) the information obtained from the Service will be accurate, and (C) the services and information available through the Service will meet the expectations of the User. In the event of any damage to the User or third parties caused thereby, we shall not assume any liability. Provided, however, that this shall not apply in the event such damage is caused by our willful misconduct or gross negligence.
- Users shall use the Service at their own responsibility, acknowledging that we do not warrant the usefulness, compatibility, genuineness, safety, legality, or up-to-date with respect to the information or any effect of the Service (including, but not limited to, advertisements and other information provided by third parties) that is provided by us or third parties in the Service. We shall not be responsible for any trouble with the User in connection with the information above. Provided, however, that this shall not apply in the event such trouble occurs due to our willful misconduct or gross negligence.
Article 14 (Our Responsibilities)
- The various services of the Service are provided based on the standards set by us (including, but not limited to, the quality of instructors, contents and means of provision of support, sound quality in classes, communication speed, and communication stability, etc.), and the User shall agree in advance that the content and service level of such Service do not necessarily meet all the expectations of the User.
- We shall not be liable for any damages (including, but not limited to, any disturbance of telecommunications terminals, etc., mental distress or other financial loss caused by the use of the Service) to the User due to the use of the Service (including, but not limited to, the provision of information by us or a third party incidental thereto) or any other websites and services (including, but not limited to, the allied service) provided by a third party that can be accessed through the Service, unless there is any reason attributable to us. In the event that we cause damage to the User due to default, tort, or any other act, we shall compensate the User for such damage directly and ordinarily incurred with respect to the User. Provided, however, that in the event the damage is caused through willful misconduct or gross negligence on the part of us, such damage shall be compensated in excess of such upper limit.
Article 15 (Elimination of Antisocial Forces)
Users shall express and represent that they shall not and will not in the future fall under any of the categories of anti-social forces (including those in the past five years who have been any organized crime group, organized crime members, organized-crime-group-quasi-members, organized-crime-group-affiliated companies, corporate racketeer [sokaiya], etc., socially campaign-marked groups, special intellectual violent groups, etc., ) and that they shall not commit any illegal acts, such as violent acts, fraudulent acts, threats, or business obstruction, etc. In the event of a breach of such representation, the Service shall be suspended or terminated without objection.
Article 16 (Amendment of this T&C)
- We may, at our discretion, change this T&C and the Notes at any time to the extent reasonable.
- In the event of any change in this T&C or the Notes pursuant to the provisions of the preceding paragraph, we shall inform in advance in an appropriate manner as determined by us that this T&C or the Notes will be changed, the changed contents of this T&C or the Notes, and the effective time thereof.
- The User may terminate the Service in accordance with the procedures set forth by us within the period specified by us (or, if there is no specified period, by the effective period) after the change is known to the public. In the event the User continues to use the Service after the amended T&C become effective or fails to follow the procedures for termination within the applicable period, the User shall be deemed to have agreed to the revised T&C and Notes.
Article 17 (Personal Information)
- Notwithstanding the preceding paragraph, with respect to personal information of a User who uses the Service under the Group Contract, we may provide the entity to which such User belongs the information (use time, use history of the Service, etc.) related to the use of the Service, including personal information of the User on behalf of the User, and the User shall approve this in advance.
Article 18 (Separation)
In the event that any of the provisions set forth in this T&C and Notes are held by a court of competent jurisdiction to be invalid, such provisions shall, to the extent permitted by law, be modified or construed so as to maximize the purpose of the original provisions, and shall not affect the validity of any other provisions of this T&C or Notes.
Article 19 (Governing Law and Jurisdiction)
This T&C shall be construed in accordance with the laws of Japan, and the exclusive jurisdictional court of first instance for any dispute relating to this T&C shall be the Tokyo District Court or the Tokyo Summary Court.
- Last updated: Nov 5, 2020