Instructor Terms of Use of “Global Craft & Hobby”
The Website "Global Craft & Hobby" (hereinafter referred to as "the Website") and each service provided through the Website (hereinafter referred to as “the Service”) is a matching service that matches Instructors who teach techniques in lectures about handicraft and hobbies by a remote and students who hope to learn.
These “Instructor Terms of Use of Global Craft & Hobby” (hereinafter referred to as “These Terms”) stipulate the terms and conditions regarding the use of the Service and are applied to any relationship between those who register as Instructors in the Service (hereinafter referred to as "the Instructors") and K. Arano & Co., Ltd. (hereinafter referred to as “the Company”).
The usage contract of the Service concluded between the Instructors and the Company based on These Terms shall be " This Agreement".
These “Instructor Terms of Use of Global Craft & Hobby” (hereinafter referred to as “These Terms”) stipulate the terms and conditions regarding the use of the Service and are applied to any relationship between those who register as Instructors in the Service (hereinafter referred to as "the Instructors") and K. Arano & Co., Ltd. (hereinafter referred to as “the Company”).
The usage contract of the Service concluded between the Instructors and the Company based on These Terms shall be " This Agreement".
Chapter 1. General Rules
Article 1. (Definitions, Language Used in the Service)
Article 2. (Agreement to These Terms, Range of Application)
Article 3. (Amendment of These Terms)
Article 1. (Definitions, Language Used in the Service)
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The terms which are used in These Terms shall be defined as following:
- “Instructor affiliated with organization” means an Instructor who belongs to Organizations, etc.;
- Organization, etc." means an organization or a corporation that contract with the Company, and that is related to handicrafts, artifacts, etc., and other hobbies registered in the Service;
- "These Terms" mean "the Instructor Terms of Use of Global Craft & Hobby" and Guidelines, etc., and all of them shall constitute These Terms;
- “Guideline, etc.” means any guidelines, precautions, important notices sent by Email, Privacy Policy, etc. that the Company provides for the Service to the Instructors;
- “External Service” means the service that a third party other than the Company operates;
- "Login Credentials" refer to "login ID and password”;
- "Instructor" means a person who is registered as an Instructor in the Service and provides lessons. Instructor Candidate is also included in;
- “Instructor Candidate” means a person who wishes to use the Service as an Instructor;
- "Student" means a person who takes the Lesson. Student Candidate is also included in;
- “Student Candidate” means a person who wishes to register as a Student in the Service;
- "Member" means a person who has registered in the Service, and is a general term for Student, Instructor and Organization, etc.;
- "The Know-how" means knowledge and technique related to handicrafts and artifacts that is provided to the Students through the Lessons;
- "Registered Information" means information about Instructors registered in the Service;
- "The Lesson" means an activity provided by the Instructors through the Service, and conducted to equip the Students with knowledge and skills. Also, The Lessons are offered in the form of remote lessons;
- "The Course Lesson" means the lesson held as a set of multiple Lessons. In addition, the usage fee for the Course Lesson shall be for all lessons included in the Course Lesson;
- "Lesson with Material Sending” means a Lesson that is conducted by sending the teaching materials and tools used in the Lessons by the Instructors to the Students;
- "The Curriculum" means a plan formulated by the Instructors in providing the Lessons;
- “The Lesson Contract” means the contract for the provision and attendance of the Lesson concluded between the Instructors and the Students;
- "The Usage Fee" means the fee paid by the Students for each lesson, and the total amount of "the Lesson Fee" and "the Matching Service Fee". Also, all prices of them shall be in Yen terms, displayed in Japanese Yen and displayed exclude and include consumption tax;
- "The Lesson Fee" means the fee paid by the Students to the Instructors through the Company as consideration for the implementation of The Lesson. In addition, for the Lessons with Material Sending, the cost of the teaching materials and the shipping fee are included in the Lesson Fees;
- "The Matching Service Fee" means the fee received by the Company as a consideration for matching between the Students and the Instructors;
- “Sales” means the amount after deducting cancellation fees and refunds from Lesson Fees. Sales shall arise upon at the time that the Company receives the completion notice of the Lesson from the Instructors;
- “Profile Page” means a page that introduces Instructors individual on the Service. On the profile page, information about the Instructors and the Lessons offered by them shall be displayed;
- "Lesson Details Screen" means the screen that introduces the details of the Lesson;
- "My Page" means a page on the Website given to each of the Instructors based upon This Agreement. The Instructors can register and edit their profile and content of their Lessons, etc., and manage Lesson applications, Sales Management, etc. of the Lessons via their My Page;
- “Lesson Start Time” and “Lesson End Time” mean a start time and an end time of the Lesson displayed on the "Lesson Order Management screen";
- “Tardiness” means to join the Lesson after the Lesson Start Time;
- "Early Leaving" means to leave from the Lesson before the Lesson End Time;
- "Absence" means not to join the Lesson even once, and the Lesson end procedure has been made after 10 minutes from the Lesson Start Time;
- "Completion Notice Button" means a button both set on the My Page of the Instructors and pressed at the time of the completion of the Lesson;
- “Non-conducted or Interrupted Lesson Report from the Student” means a button set on My Page of the Students what the Students may press to request a refund or a Make-up Lesson, etc., when they could not take the Lesson normally due to the Instructors' reasons;
- “Non-conducted or Interrupted Lesson Report from the Instructor” means a button both set on My Page of the Instructors and pressed when the Students or the Instructors do not participate the Lesson or the Lesson could not be provided the normally due to a communication failure, etc.;
- “Make-up Lesson” means a lesson provided free of charge to the Students if the Lesson has not been conducted or has been interrupted due to the Instructors' reasons.
- Regarding the language used on the Service, the Japanese version shall have legal effect. However, regarding sentences entered by the Students or the Instructors, the language in which they were entered shall have legal effect.
Article 2. (Agreement to These Terms, Range of Application)
- The Instructors shall acknowledge and agree with all articles of These Terms at the time of using the Service. Also, the Instructors shall comply with These Terms.
- Payment of the Lesson fees for the Instructors affiliated with organization shall be made to Organization, etc. to which the Instructors affiliated with organization belong.
- The provision of the Service shall be based on the calendar in Japan. In addition, Time which is used for providing the Service is based upon “Japan Standard Time (GMT+9)”.
Article 3. (Amendment of These Terms)
- The Company may amend These Terms at its discretion.
- When These Terms are amended, the Company notifies the Instructors of the content of the amendment.
- The Instructors should check These Terms every time they use the Service. If the Instructors do not agree to the amendment of These Terms, they shall stop using the Service and perform withdrawal procedures. In the case where they use the Service after any amendment of These Terms or if they do not complete the withdrawal procedure within the period specified by the Company, the Company deems that they acknowledge and agree to the amendment of These Terms.
Chapter 2. This Agreement
Article 4. (Establishment of This Agreement)
Article 5. (Maintenance of Login Credentials, etc.)
Article 6. (Validity Period / Renewal)
Article 7. (Cancellation of This Agreement)
Article 8. (Measures after the Termination of This Agreement)
Article 4. (Establishment of This Agreement)
- Instructor Candidates shall apply for pre-test as the Instructors according to means specified by the Company.
- Instructor Candidates shall enter true and accurate information at the time of the application of the previous paragraph. The Company may request the Instructor Candidates to present an identification card or other attached documents, etc. as necessary.
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When the application in Paragraph 1 has been made, the Company implements the pre-test after coordinating the schedule with the Instructor Candidates. However, if the Instructor Candidates fall under any of the following, the application may be refused before the implementation of the pre-test:
- In the case where they are minors or they have no legal responsible capacity;
- In the case where they are not permitted to work in their country of residence;
- In the case where they have been penalized by the Company before;
- In the case where they fall under anti-social forces;
- In the case where the Company determines that registration of them is not appropriate.
- The Company will send a notification of success to the Instructor Candidates who have passed the pre-test in the preceding paragraph. The notification of success from the Company shall be by sending an email.
- Instructor Candidates who have received the notification of success in the preceding paragraph shall apply for Instructor registration according to the means specified by the Company. After all procedures for Instructor registration have been completed, the Company will notify the Instructor Candidate of the completion of the Instructor registration. This Agreement shall be established between the Company and the Instructors after the company sending completion notice of Instructor registration.
Article 5. (Maintenance of Login Credentials, etc.)
- The Instructors shall specify a login ID and password (hereinafter referred to as "Login Credentials") to log into My Page in the Service. The login ID shall be the email address used at the registration.
- When the Instructors specify password for logging into the Service, they shall specify letter string which is difficult for a third party to guess.
- The Instructors shall maintain their Login Credentials for login the Service closely.
- In the case where the Login Credentials entered while using the Service coincide with the registered Login Credentials stated in Paragraph 1, the Company deems such use to be by the Instructors themselves.
- If the Instructors forget their Login Credentials, know that their Login Credentials are used by a third party, or need to change or reissue their Login Credentials for any other reason arise, they shall apply to reissue the Login Credentials immediately.
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The Instructors shall keep their information enrolled in the Service accurate and updated.
In the case where the need to change or modify the Registered Information arises from any reasons (such as relocation, marriage, etc.), the Instructors shall change or modify their Registered Information immediately.
Article 6. (Validity Period / Renewal)
- The effective period of This Agreement shall be one year from the date of the establishment of This Agreement and shall be renewed with the same conditions unless otherwise requested by the Company or the Instructors at least one month before the expiration date, and the same shall apply thereafter.
- Even within the validity period after the update in the preceding paragraph, the Company may delete an account of Instructors who have not logged in the Service for one year from their last login. In this case, This Agreement shall terminate upon the deletion.
- Even if the Company or the Instructors request termination of This Agreement at the expiration of the term, This Agreement shall be terminated after completion of the Instructors' fulfillment or cancellation of their unimplemented or ongoing Lesson Contract.
Article 7. (Cancellation of This Agreement)
- If the Instructors hope to cancel This Agreement, they shall apply cancellation procedure from the Withdrawal Request screen on My Page. In this case, This Agreement shall be expired at the time of completion of the cancellation procedure. However, if any Lesson Contracts that have not been performed or are ongoing exist, This Agreement shall continue until the completion of performance of or cancellation of the unperformed or ongoing Lesson Contract.
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If the Instructors fall under any of the following, the Company may temporarily suspend their use of the Service, suspend posting their registration information and other information on their profile pages, or cancel This Agreement, etc. without any prior notice or demand to them:
- When they violate Article 14;
- When they do Tardiness, Early Leaving, or Absence of the Lessons without any notice (except the case where a legitimate reason exists);
- When they repeat starting the Lessons after the Lesson Start Time or ending the Lesson before the Lesson End Time;
- When the Company judges that cancellation of This Agreement is appropriate due to frequent complaints about them from the Students;
- When they initiate bankruptcy proceedings or their bills are dishonored, etc.;
- When enough reason to judge that their credit condition has deteriorated has arisen;
- When they have been penalized by operators of External Services;
- When the Company determines that it is difficult to continue This Agreement.
- If This Agreement is cancelled in accordance with the preceding paragraph, all uncompleted Lesson Contracts contracted by the Instructors shall be cancelled at the time of termination of This Agreement. In this case, a cancellation fee (as stipulated in Article 13, Paragraph 4) shall be charged for the cancelled lessons.
Article 8. (Measures after the Termination of This Agreement)
- If This Agreement is expired, the Instructors shall lose the benefit of time on all their debts to the Company and liquidate all obligations to the Company immediately.
- If This Agreement is expired, the Instructors shall lose all rights related to the use of the Service, such as the right to access their My Page, at the time of expiration.
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If This Agreement is expired, the Company aggregates the Lesson Fees, etc. (stated in the Article 13, Paragraph 6) that will be paid to the Instructors at the expiration date and pay the fees, etc. by the 10th day of the two months later.
However, in the case where This Agreement is cancelled based upon the Article 7, Paragraph 2 or the Article 17, Paragraph 2, the Company may both reserve payment of the unpaid Lesson Fees, etc. to them and use the unpaid Lesson Fees, etc. for compensation for damage caused by the act of them. - If This Agreement is terminated, the Company may immediately stop posting My Page of the Instructors and delete part or all of the data, etc. of the My Page and the Registration Information of them.
Chapter 3. The Service
Article 9. (Outline of the Service, Points of Attention)
Article 10. (Registration, Editing, etc. of Information Related to My Page and the Lessons)
Article 11. (Lesson Application, Conclusion, Rescheduling, Cancellation of the Lesson Contract)
Article 12. (Implementation, Termination, Nonfulfillment, etc. of the Lessons)
Article 13. (Usage Fee, Lesson Fee, Payment)
Article 9. (Outline of the Service, Points of Attention)
- Through the Service, the Instructors can provide the Know-how in the format of remote lessons.
- The Website provides a matching service and there is no employment contract between the Company and the Instructors.
- The Lessons shall be held only in a two-way and closed format using the Video Call installed on the Website. Also, to hold the Lessons on video distribution services such as YouTube, Podcasts, etc. or other services intended for one-way or mass distribution shall be prohibited.
- The Instructors should be aware in advance that the terms of use, guidelines, etc. presented by the operator of the External Service shall be applied when they use the External Service. Also, if necessary, the Instructors shall register for the External Service at their own risk and expense.
- The Instructors shall keep information about the Know-how and the Lessons that they provide, and information on their own Profile Page accurate and up-to-date constantly. If the Instructors need to modify the information, they shall immediately reflect the content of the modification on their Profile Page, etc.
- The Instructors shall endeavor to maintain the quality of the Lessons that they offer properly. In addition, when the Instructors conduct the Course Lessons, they shall endeavor to develop the Curriculum and conduct each Lesson included in the Course Lessons based on the Curriculum.
- If the Instructors use copyrighted works, trademarks or other intellectual property of third parties in the Lessons, they shall obtain the prior consent of the relevant right holders.
- The Instructors shall bear all responsibility for the Know-how, the Lessons, and the information on their Profile Page. In addition, both if a third party makes a complaint, request for investigation, request, litigation, etc. in connection with the Know-how, the Lessons, and the information on their Profile Page and if the Company suffers damages due to the complaint, etc., the Instructors shall assume responsibility for the damage, etc.
- Translation tool is used in the Service to facilitate lectures and conversations between the Instructors and the Students during the Lessons. the Instructors shall be aware in advance that problems that arise from the accuracy of the translation tool (such as the case where the Instructors' or the Students’ intention may not be accurately communicated to the other party) may occur.
- When the Instructors provide the Lessons with Material Sending, they shall not request the Students to return the teaching materials and tools that have been sent, regardless of the reason.
Article 10. (Registration, Editing, etc. of Information Related to My Page and the Lessons)
- When the Instructors register the Lesson that they conduct, they shall register according to the means specified by the Company.
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The Instructors shall register the content, unit price and other conditions of use, etc. of the Lessons that they conduct under the following conditions. In addition, information related to the Lessons shall be posted on the Lesson Details Screen after passing an inspection by the Company.
- Not to violate the purport of the Service;
- Not to violate laws and regulations, and public order and morality, etc.;
- Not to violate prohibitions stated in Article 14;
- To set Lesson time between 15 and 180 minutes;
- To set Schedule in Japan Time;
- Multiple Lessons cannot be set at the same time of day;
- The Lessons can be registered up to 6 months in advance;
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To set Usage Fee at least 50 yen per minute;
- If the amount exceeds 100,000 yen, an inspection by the Company is required.
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Since shipping costs may be expensive, the Company recommends that materials and tools are prepared on the Students own.
If the Instructors prepare the tools and materials used in the Lessons, they shall set the Usage Fee including the cost of materials, tools and shipping fee in the Lesson Fee.
- To set the Lesson Type One Time Only Lesson or the Course Lessons;
- To set number of the Lessons included in the Course Lessons 2 or 3 times (If the Lessons in the Course Lessons are more than 4 times, set separate courses, such as dividing them into early and late courses);
- To set maximum number of Students of the Lesson from 1 to 5 people;
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To set Lesson application deadline freely. However, the Company recommends more than 48 hours in advance. The schedule shall not be displayed 2 hours before the Lesson Start Time.
If the Instructors set their own Lesson application deadline, please write it in the Precautions column.
- When the Instructors register the Lessons with Material Sending, they shall set the Lesson Fee including the cost of purchasing the teaching materials and the shipping fee. Also, they shall not charge to the Students for any charges or fees other than the Usage Fee under no circumstances (including cases both where a request for a refund has been made under Article 12, Paragraph 15 and where the Company has responded to).
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If the Instructors hope to change the content of the Lessons on the Lesson Details Screen, they may change the contents through their My Page. However, even in this case, the Company shall re-inspect the change, and the change shall be reflected only when the Company approves it.
In addition, regarding the Lesson applications that were established at the time of completion of the change, the content before the change shall be applied. - If the Instructors terminate the provision of the Lesson on the Lesson Details Screen, they shall unpublish the screen of the Lesson.
- In the case where the Instructors terminate the Lessons in accordance with the preceding paragraph and a Lesson application has been made for the terminated Lessons with the Students, the Lesson application shall remain valid unless either the Instructors or the Students cancel the Lessons.
Article 11. (Lesson Application, Conclusion, Rescheduling, Cancellation of the Lesson Contract)
- The Instructors can manage schedules and receive Lesson application for the Lessons that they conduct on their own My Page. The Instructors shall properly manage the time zone, etc. that they can offer the Lessons posted on their the Select Schedule Page.
- Lesson applications from the Students shall be notified to the Instructors by email and on their My Page.
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When the Instructors receive the notification of the Lesson application set forth in the preceding paragraph, they shall decide whether to accept or not accept the Lesson application within 96 hours from the notification and notify the Students by the system on their My Page.
Also, the deadline for decision the acceptance or non-acceptance of the Lesson application made less than 96 hours from the Lesson Start Time shall be one hour before the Lesson Start Time. - If the Instructors do not notify of acceptance or non-acceptance within the period set forth in the preceding paragraph, the Lesson application shall be cancelled.
- The Lesson Contract shall be concluded when the Instructors send the acceptance notice stated in Paragraph 3 and the Students receive the notice.
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When the Lesson Contracts of the Lessons with Material Sending are concluded, the Instructors shall send the teaching materials or tools used in the Lessons with Material Sending so that the Students can receive the materials, etc. by the Lesson Start Time of the Lessons.
If the Students do not receive the teaching materials, etc. by the Lesson Start Time of the Lessons with Material Sending, the Students may request a Make-up Lessons or a refund of the Usage Fee. -
Regarding the Lessons with Material Sending, even if the Lesson Contract is cancelled, the obligation to deliver the tools and materials used in the Lesson shall not be extinguished.
If the delivery of the tools, etc. has not been completed at the time of cancellation of the Lesson Contract of the Lessons with Material Sending, the Instructors shall send the tools, etc. to the Students even after the cancellation. - If the Instructors hope to cancel the Lesson after the Lesson Contract has been concluded, they shall perform the cancellation procedure by pressing the cancellation button on the "Lesson Order Management Screen" on My Page.
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If the Instructors hope to reschedule the Lesson date and time after the Lesson Contract has been concluded, they may request to the Students for rescheduling up to 48 hours before the Lesson Start Time. If the Students agree for the rescheduling, the Lesson shall be conducted at the rescheduled date and time.
However, either if the Students do not agree or if the rescheduling cannot be adjusted by corresponding by subsequent message function, etc., the Lesson should be conducted at the conventional date and time. If conduct at the conventional date and time is difficult, the Lesson Contract shall be cancelled due to the Instructors' reason by the Instructors’ cancellation procedure performance.
In addition, regarding the case of the Lessons that have multiple Students, if the Students do not agree to the rescheduling, the Instructors shall endeavor to conduct the Lesson on the conventional date and time with the Students who did not agree to the rescheduling, and if conduct at the conventional date and time is difficult, they shall cancel only the Lesson Contract with the Students who did not agree to. -
In the case where the Students request rescheduling of the Lesson which contract has been concluded, the Instructors shall press either “Acceptance” or “Non-Acceptance” button regarding the rescheduling.
Either when the Instructors select "Non-Acceptance", or if the rescheduling cannot be adjusted by corresponding by subsequent message function, etc., the Lesson should be conducted at the conventional date and time. If conduct at the conventional date and time is difficult, the Lesson Contract shall be cancelled due to the Students' reason by the Students' performing the cancellation procedure. - Regarding the rescheduling of the Lessons, if the “Acceptance” or “Non-Acceptance” button is not pressed one hour before the Lesson Start Time, the Lesson shall be cancelled due to the person who requested the rescheduling.
- In the case where the Lessons fail due to any of the reasons in Article 12, Paragraphs from 5 to 10, the Lesson Contracts shall be cancelled at the time such reason occurs. However, if the Lessons fail due to the Instructors' reasons, the provisions of Article 12, Paragraph from 11 to 16 shall apply.
Article 12. (Implementation, Termination, Nonfulfillment, etc. of the Lessons)
- The Instructors shall complete to start up their own PC, and to check the operation of the microphone / camera, etc. before the Lesson Start Time.
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The Instructors shall press the "Completion Notice Button" or "Non-conducted or Interrupted Lesson Report from the Instructor" button within 24 hours after the Lesson End Time. If the Instructors fail to press the "Completion Notice Button" and six months have passed since the Lesson End Time, they shall lose the right to receive the Lesson Fee for the Lessons.
For the Course Lessons, the starting point is the Lesson End Time of the Last Lesson. - The Instructors must not record the Lessons without the prior consent of the Company and all Students participating the Lessons.
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The Company stipulates in the Student Terms of Use that the Students must prepare the tools and materials used in the Lesson before the Lesson Start Time. If the Students do not prepare the tools, etc. at the Lesson Start Time, the Instructors may force the Students to leave at the Instructors' own discretion. If the Instructors take this measure, they shall press the "Non-conducted or Interrupted Lesson Report from the Instructor" button and input the reason. In this case, it shall be a non-fulfillment of the Lesson due to the Students’ reason.
However, in the case of Lessons with Material Sending, this shall not apply and Paragraph 6 shall apply. - Regarding the Lessons with Material Sending, if the Students inform that the teaching materials and tools have not arrived by the Lesson Start Time, the Instructors shall press the "Non-conducted or Interrupted Lesson Report from the Instructor" button and input the reason. In this case, it shall be a non-fulfillment of the Lesson due to the Instructors' reason. However, if the non-receipt of the teaching materials, etc. is caused by reasons attributable to the Students, such as incorrect entry of the shipping address, delay of address change procedure, etc., it shall be a non-fulfillment of the Lesson due to the Students' reason.
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The Company prohibits the Students from the following acts when they join in the Lessons. If the Students do any of the act during the Lesson, the Instructors may warn the Students, and if it does not improve, they can force the Students to leave from the Lesson at their own discretion. Also, if only this Student has taken the Lesson, the Instructors can finish the Lesson. In these cases, the Instructors shall press the "Non-conducted or Interrupted Lesson Report from the Instructor" button and input the reason:
- To record the Lessons without any consent (excluding the recording with account of the Company);
- To repeat asking questions pertaining to the Instructors' private and privacy;
- To harass the Instructors (especially sexual harassment);
- To invite the Instructor to other service;
- To solicit or compel the Instructors to purchase products, services, etc.;
- To request or invite the Instructors to join political associations, religious groups, multilevel marketing, etc.;
- If the Students do not join within 5 minutes of the Lesson Start Time, the Instructors shall send a message stating that they are on call to the Students, and if the Students still do not join within 5 minutes after more, the Instructors shall press the "Non-conducted or Interrupted Lesson Report from the Instructor" button and input the reason.
- If the Lesson cannot be conducted normally due to a communication failure of the Students and the condition continues for more than 5 minutes or intermittently for more than 5 minutes, the Instructors shall send a message stating that they are on call to the Students, and if the communication failure still continues more 5 minutes after that, the Instructors shall press the "Non-conducted or Interrupted Lesson Report from the Instructor" button and input the reason.
- If the Lesson cannot be conducted normally due to a communication failure of the Instructors and the condition continues for more than 5 minutes or intermittently for more than 5 minutes, the Instructors shall send a message stating that to the Students, and if the communication failure still continues more 5 minutes after that, the Instructors shall press the "Non-conducted or Interrupted Lesson Report from the Instructor" button and input the reason. In this case, it shall be a non-fulfillment of the Lesson due to the Instructors' reason.
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If the Lessons cannot be conducted normally due to the Instructors' reason, the Students may request a Make-up Lesson or a refund of the Usage Fee by pressing the "Non-conducted or Interrupted Lesson Report from the Student" button within 48 hours after the Lesson End Time.
In addition, if the Students do not press "Non-conducted or Interrupted Lesson Report from the Student" button within 48 hours after the Lesson End Time or the Instructors do not press "Non-conducted or Interrupted Lesson Report from the Instructor" button within 24 hours after the Lesson End Time, the Lesson shall be deemed to have been successfully conducted and completed. - If a request for the Make-up Lesson is made pursuant to the preceding paragraph, the Instructors shall correspond the request in good faith. If they decide to conduct the Make-up Lesson, they shall coordinate date and time of the Make-up Lesson with the Students.
- When the Make-up Lessons are conducted, the Instructors shall send a completion notice on the conducted day of the Make-up Lesson.
- Even if a request for a refund of the Usage Fee is made pursuant to Paragraph 11, the Instructors may propose a Make-up Lesson to the Students. However, even in this case, if the Students do not accept the proposal, the refund of the Usage Fee shall be processed.
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Refund of the Usage Fee shall be decided:
- When the Students notify the Instructors of the request for refund, and the Instructors accept it;
- When the Students notify the Instructors that they ask to conduct a Make-up Lesson, and the Instructors refuses it;
- When the Students refuses a proposal for the Make-up Lesson from the Instructors, or they do not respond to the proposal within 48 hours;
- When the Instructors do not make any decisions within 48 hours despite the request of the refund or the Make-up Lesson; or
- When the Students or the Instructors request to investigate about the Lessons, and the Company judges that the refund is appropriate.
- When a refund of the Usage Fee is confirmed, the Instructors shall bear the cancellation fee of Article 13, Paragraph 4.
- If the Students claim that the Lessons have not been conducted or have been interrupted due to the Instructors' reason, and if the Instructors hope to claim an objection to this claim, the Instructor may notify the content according to the means specified by the Company. When the Company receives the notification, the Company shall investigate whether or not any non-implementation or interruption exist, and the reasons therefor.
- If the Instructors press the "Non-conducted or Interrupted Lesson Report from the Instructor" button and the Students press the "Non-conducted or Interrupted Lesson Report from the Student" button, the Instructors shall take a procedure prescribed by the Company.
- Regarding the Lesson included in the Course Lesson, if the Students are left forcibly from the Lessons according to Paragraph 7, the Instructors and the Company may cancel the Lesson Contract of the Course Lessons due to the Students' reasons.
- Lesson time shall not be interrupted under any circumstances, except in cases of special provisions or emergencies.
- The Company may record, etc. the Lesson without any notice to the Instructors for the purpose of verifying and monitoring the content of the Lesson, improving the service, etc. and the Instructors shall approve of the recording, etc. in advance. However, even in this case, the recorded data shall be handled only within the Company unless requested by a court or investigative agency.
- If the Lessons were not conducted normally due to any reasons not attributable to either the Instructors or the Students, and if investigations reveal that both parties took appropriate measures, the Students and the Instructors shall adjust and set a new date and time of the Lessons. However, the Students may also cancel the Lesson, in this case the Instructors shall not receive the Lesson Fee.
- Communications and notifications with the Students shall be made by using the "Message Function" and “Function Button” on My-Page.
Article 13. (Usage Fee, Lesson Fee, Payment)
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Rates for the Lesson Fee and the Matching Service Fee in the Usage Fee shall be as follows.
The Lesson Fee 55% The Matching Service Fee 45% -
The Instructors shall only receive the Lesson Fees out of the Usage Fees in the preceding paragraph. In addition, the Instructors authorize the Company to receive and refund the Lesson Fees paid by the Students and must not receive any fees directly from the Students.
The Usage Fees shall be paid by the Students to the Company after the Lesson Contract is concluded, and the Lesson Fees shall be retained by the Company as a deposit money until the payment is made to the Instructors in accordance with these Terms. -
If the Company judges that the Lesson Contract is cancelled due to the Students’ reason, the Company will pay the Instructors the following amount as the Lesson Fee out of the Lesson Fee received by proxy from the Students.
Normal Lessons
(Lessons other than the Lessons with Material Sending)Cancellation up to 48 hours before the Lesson Start Time (Students’ reason) 0% of the Lesson Fee Cancellation less than 48 hours before the Lesson Start Time (Students’ reason) 100% of the Lesson Fee Lessons with Material Sending Cancellation after the establishment of the Lesson Contract (Students’ reason, all period) 100% of the Lesson Fee - If the Lesson Contract is cancelled due to the Instructors' reason, the Instructors shall bear cancellation fees equivalent to 10% of the Usage Fees. Also, payment of the Lesson Fees shall not be made as a matter of course.
- Regarding the cancellation of the Course Lessons, the cancellation fee shall be incurred and calculated from the Lesson Start Time of the first Lesson of the Course Lessons. In addition, if the Course Lessons are cancelled, all Lessons included in the Course Lessons shall be subject to the cancellation, and it is not possible to cancel only a part of the Lesson.
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The Company calculates the Usage Fees and the Lesson Fees for which the Lesson Contracts have been completed at the end of each month (hereinafter referred to as the "Closing Date"), and the confirmed refunds and cancellation fees for the month on the 14th day of the month following the Closing Date.
Sales shall be fixed by the 15th day of the month following the Closing Date, and shall be reflected on the Sales Management Screen of the Instructors.
In addition, refunds and cancellation fees confirmed after the 14th day of the month following the Closing Date shall be reflected in the next month or later. - The Instructors may request payment of Sales during the period from the 20th to the end of every of the month following the Closing Date. If any request of payment for the Sales has not been made or if the Sales are less than 30,000JPY, the payment shall be carried over to the next month or later.
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When the request stated in the previous paragraph has been made, the Company will pay the Sales (if the Sales that has been carried forward exists, the carried-over Sales shall be also paid.) via the method specified by the Instructors from among the remittance methods prescribed by the Company below on 10th day of the following two months after the Closing Date (If the remittance day is not a bank business day of Japan, it shall be the next business day. Also, the same shall apply hereinafter in this Article.). In addition, the payment for the Sales shall be made by remittance to the bank account specified by the Instructors.
The Bank Account Specified by the Instructors The Method of Remittance Domestic Remittance in Japan Remittance using the Company’s designated bank
Coverage of handling fee: the Company
Currency: JPY only - The Company shall pay all the unpaid Sales existed on the last day of February every year to the Instructors on April 10th both regardless whether the request is made from the Instructors and regardless of the amount.
- Even if the Instructors request re-remittance of the Sales after the remittance to their bank account stated in Paragraph 8 or Paragraph 9 is completed, the request shall be denied unless obvious negligence of the Company exists.
- If the balance after deducting the cancellation fees from the Lesson Fees are negative, the Instructors shall pay the negative amount to the Company.
- The Instructors shall comply with the laws and regulations of their country or region, including the laws and regulations regarding the receipt of the Sales, and the declaration, etc. of income and taxes. The Company assumes no liability for any problems, disputes, damages, complaints, etc. caused by non-compliance with them.
- The provisions of Paragraphs 6 to 13 shall not apply to the Instructors affiliated with organization. Payments, etc. of the Sales to the Instructors affiliated with organization shall be made via the Organization, etc. that has a contract with the Company.
Chapter 4. Prohibition
Article 14. (Prohibition)
Article 14. (Prohibition)
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The Instructors shall not perform the following acts, etc. in the using of the Service (Including the conduct of the Lessons):
- To communicate with the Students or a third party who is involved through the Service without going through the Service, or to encourage the communication to them;
- To cause damage to the Company, such as to conspire with Students or a third party who is involved through the Service to give and receive the Usage Fee or Lesson Fee without going through the Service;
- To collect information relevant to the Students and third parties involved through the Service;
- To entrust the Instructor of the Lesson to a third party;
- To advertise to the Students the products or services of them and a third party;
- To invite in religious groups, political associations, or multilevel marketing, etc.;
- To harass the Students (especially sexual harassment);
- To do act that may cause damage on the Company or any third party: such as hacking, sending of viruses, sending of spam mails, etc.;
- To convert or alter programs, software, etc. provided through the Service illegally;
- To download a huge number of contents or data of the Services in a short time;
- To make a third party use the Service and/or to use the Service for a third party;
- To sell or to rent (regardless of paid or free) the rights of the contents of the Service to third parties;
- To distribute or broadcast the contents of the Service without any prior consent of the Company;
- To impersonate someone;
- To do act that violates or may violate the laws of Japan or laws of their country or region;
- To do act that commits or may commit offenses against public order and morals;
- To input or send false information and declaration;
- To do act that infringes the rights of the Company or third parties;
- To cause damages of the Company or third parties;
- To slander or discriminate the Company or third parties;
- To do act that damages the reputation or credibility of the Company or third parties;
- To interrupt operation of the Service;
- To do any acts that the Company judges unsuitable and inappropriate.
Chapter 5. Miscellaneous Provisions
Article 15. (Exclusion of Liability)
Article 16. (Intellectual Property Right / License)
Article 17. (Exclusion of Antisocial Forces)
Article 18. (Preparation of Equipment, etc.)
Article 19. (Handling of Privacy-Related Information)
Article 20. (Preservation of Confidentiality)
Article 21. (Methods of Notice)
Article 22. (Indemnification for Damage)
Article 23. (Temporary Interruption of the Service)
Article 24. (Termination of the Service)
Article 25. (Transfer of Contractual Status, etc.)
Article 26. (Exclusion of Liability by Force Majeure Occurrence)
Article 27. (Jurisdiction/Governing Law)
Article 28. (Waiver)
Article 29. (Severability)
Article 15. (Exclusion of Liability)
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The Service shall be offered on an as-is basis. The Company shall not give any guarantee to the Instructors about anything of the following:
- The Service meets the Instructors’ requirements and utilization purpose;
- Contents and systems of the Service are correct and trustable;
- Connection via the Service will not be interrupted for any reasons;
- Information sent or received through the Service is either stored in predetermined devices, normally sent and received, or displayed on the screen correctly;
- Information related to the Service is displayed normally on all terminals, etc.;
- Forms, programs, etc. used in the Service operate normally on all PCs, browsers, etc.
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When the Instructors may not use the Service normally for any of the following reasons, the Company shall not assume any responsibility:
- In the case where the Instructors either violate any of These Terms, operate incorrectly, or use the Service in an environment other than recommended environment set by the Company;
- In the case where any restrictions are set in These Terms and guidelines, etc.;
- In the case where restrictions are set by the laws and regulations of Japan or the country or region where the Instructors reside;
- In the case either where natural disasters, communication failures, hacking by a third party, transmission of a virus, etc. occur, or where any affairs that are beyond responsibility of the Company.
- The Company shall not assume responsibility for any accidents, etc. that occur in the Lessons and any troubles that occur between the Instructors and the Students.
Article 16. (Intellectual Property Right / License)
- Copyrights, trademark rights, portrait rights, and other intellectual property rights (hereinafter referred to as “Copyright, etc.”) that relate to the Service and its contents (except for the rights fall under Paragraph 3) shall belong to the Company or other right holders of the intellectual property rights.
- The Instructors can use the Service and its content only for the purpose of private use or for the purpose of providing the Lessons for a fee and as long as it does not violate the prohibitions of Article 14. Also, the Company licenses the Instructors to use the Service and its contents to this extent.
- Copyrights (The rights of Articles 27 and 28 of the Copyright Act of Japan shall be included, and the same shall apply hereinafter in this Article.) of the information on the Profile Page of the Instructors and the Lessons, Utility model rights of the Know-how, and other intellectual property rights related to the Lesson shall belong to the Instructors.
- Regarding the copyrights and the utility model rights belonging to the Instructors stated in the preceding paragraph, the Instructors shall license to use their copyrighted work, etc. to the Company for the purpose of operating the Service, and to the Students for the purpose of private use by free of charge and indefinitely.
Article 17. (Exclusion of Antisocial Forces)
- The Instructors shall declare both that they have not been anti-social forces (includes gangsters, gangster members, gangster associate member, gangster-related company, extortionist that threatens to disrupt stockholder meetings, a social movement such as an advocate or a special intelligence violence group, etc., or other equivalent persons, and hereinafter referred to as "Anti-Social Forces") and that they have not belonged to corporation dominated by the Anti-Social Forces. Also, they shall ensure that they will not fall under this provision in the future.
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If the Instructors fall under any of the following, the Company may cancel This Agreement without giving any notice to:
- When it is recognized that they correspond to Anti-Social Forces;
- When it is recognized that they use Anti-Social Forces;
- When it is recognized that they have been involved in providing Anti-Social Forces with funds, etc. or providing convenience;
- When there is a socially condemned relationship between them and Anti-Social Forces;
- When they do violent demanding acts, unreasonable demanding acts beyond legal responsibility, acts that cause credit impairment, business interruption, etc. by using threatening acts, dissemination of violence, rumor, deceptive plan, and violent force, by themselves or by using a third party and when they do any acts equivalent to these.
Article 18. (Preparation of Equipment, etc.)
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The Instructors shall use the Service by using devices, OSs, browsers, communication equipment, microphones, cameras, etc. (hereinafter referred to as "Devices, etc.") that have the environment recommended by the Company (hereinafter referred to as "Recommended Environment").
Also, the Instructors shall prepare the Devices, etc. that have the Recommended Environment at their own risk and expense. - If the Instructors cause damage to the Company, the Students or other third parties due to the provision of the Lessons on Devices, etc. that do not have the Recommended Environment, they shall be obliged to compensate for all of the damage.
- The Instructors shall be aware in advance that communication fees, etc. may be incurred when they use the Service, and shall bear the communication fees, etc.
Article 19. (Handling of Privacy-Related Information)
- The Company shall properly handle the Registered Information collected or provided from the Instructors through the Service in accordance with Privacy Policy of the Company.
- The Instructors shall handle the personal information of the Students disclosed by the Company for the purpose of providing the Lessons or responding to inquiries only within the scope of the disclosed purpose.
- If the personal information of the Students disclosed based upon the preceding paragraph is leaked, the Instructors shall compensate for the damage caused by the leakage at their own risk and expense. However, this does not apply the case both where the leak, etc. is caused by a malfunction of the system, etc. of the Service, and where the malfunction is caused by the intentional or gross negligence of the Company.
Article 20. (Preservation of Confidentiality)
- The Instructors shall strictly control the secret provided from the Company at using the Service (hereinafter referred to as "Confidential Information"), and must not leak or disclose the Confidential Information to any third parties.
- The Instructors shall use the Confidential Information only for the purposes of using the Service, and must not use for any other purposes in any case.
- The provisions of this Article shall survive effectively even after the termination of This Agreement.
Article 21. (Methods of Notice)
- In the case where the Company gives notice to the Instructors, the notice shall be by displaying on the My Page, sending email, or other methods that the Company deems appropriate.
- Notice displayed on the My Page shall conclude at the time of completion of displaying on the page of the My Page.
- In the case where the Instructors have changed a setting of program related to Email address specified as receiving destination for the purpose of blocking junk mails, etc., they shall change the setting to permit reception of email from the Company.
- When the Company notifies the Instructors by any method, the Company may consider that the Instructors have agreed to the contents of the notification on the date of notification unless no objection has been made within 7 days from the date of the notification.
Article 22. (Indemnification for Damage)
- If any damages or losses of the Company or third parties arise from any acts of the Instructors based upon using of the Service, they shall assume all responsibility for all damages, etc. even after the termination of This Agreement.
- Even when the Instructors suffer damage arising from using the Service, the Company does not provide any compensation or guarantee for the damage, etc.
- If the Instructors suffer any damage due to the Students' illegal acts related to the Lessons, etc., regardless of the preceding paragraph, they can claim compensation to the Students for the damage from the Students who are the counterparty of the Lesson Contract.
Article 23. (Temporary Interruption of the Service)
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The Company may temporarily suspend providing the Service without any prior notice to the Instructors under the following circumstances:
- When the Service becomes impossible to provide due to occurrence of natural disasters, etc.;
- When the Company performs system maintenance, inspection, repair, etc. in order to keep operating condition of the Service to be well;
- When any problems of servers or networks, etc. (including External Services) that provide the Service occur;
- When servers, etc. that store the data of the Service are or may be infected with advanced hacking or virus;
- When any failure or maintenance of External Services, etc. occur;
- When performance of the Service is delayed or becomes impossible due to any reasons caused by outside the scope of responsibility of the Company.
- The Company accepts no liability for any damage of the Instructors arising from the temporary interruption of the Service.
- If the Company judges that it is difficult to provide the Service continuously due to the continuation of the situation in Paragraph 1, regardless of the provisions of Article 24, the Company may terminate the service without prior notice to the Instructors.
Article 24. (Termination of the Service)
- The Company may terminate the Service after notifying the Instructors at least 1 month in advance. In addition, the notification of the termination of the Service shall be made by means of Article 21.
- The Company accepts no liability for any damage or loss of the Instructors arising from the termination of the Service.
Article 25. (Transfer of Contractual Status, etc.)
- The Instructors shall not transfer their status under This Agreement, or transfer all or part of their own rights or obligations arising from This Agreement to a third party, or be pledged as collateral without the prior written consent of the Company.
Article 26. (Exclusion of Liability by Force Majeure Occurrence)
- If the Company and the Instructors suffer damages since part or all of This Agreement was not fulfilled due to either occurrence of natural disasters, wars, revolutions, etc., they assume no responsibility for the damages of the counterparty.
Article 27. (Jurisdiction/Governing Law)
- These Terms and Guidelines, etc. are governed by and construed in accordance with the Laws and regulations of Japan.
- In the event of a dispute, etc. relating to these Terms and Guidelines, etc., the district court having jurisdiction over the location of head office of the Company shall be the exclusive jurisdiction court of the first instance.
- The Japanese version of These Terms and Guidelines, etc. is the original version. Translated versions to other languages shall be provided solely for convenience of the Members whose native language is not Japanese. If any discrepancy or inconsistency between the translated versions and the Japanese version exists, the Japanese version of These Terms shall prevail.
Article 28. (Waiver)
- The failure of the Company or the Instructors to enforce at any time or for any period of time any of the provisions of These Terms shall not be constructed as a waiver of such provisions or the right of the party thereafter to enforce each and every provision.
Article 29. (Severability)
- If any of the provisions in These Terms is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the other provisions of These Terms, and These Terms shall be construed as if such invalid or unenforceable provision had never been contained.
Established on August 1st, 2023
Revised on August 15th, 2024
Revised on August 15th, 2024