Terms of Use

Terms of Use

This agreement called Terms of Use of “Wasabi” (this “Terms of Use”) sets forth the terms and conditions to provide “Wasabi lessons” (the “service”) and the rights and obligations between Wasabi and a user of the Service (the “User”). The User shall read and agree to this Terms of Use in using the Service.

1. Definition

Following terms used in this Terms of Use shall be referred as below:
  • (1) “Service” means “Wasabi lessons”
  • (2) “The Site” means this Wasabi official website.
  • (3) “User” means any individual, corporation, or organization enrolling in the Service.
  • (4) “Applicant” means any person who intends to apply for the registration as the User.

2. Registration

  1. In order to use the Service, the applicant has to register and provide certain basic information such as his or her legal name, address, language proficiency and similar personal information. We respect and value the Users’ privacy; it is secured and will never be sold, shared or rented to other companies.
  2. The Applicant applies for the Service by a procedure prescribed by Wasabi and this Term of Use shall become effective when Wasabi approves the application.
  3. If Wasabi determines that any of the following events arises or is threatened to arise, it may reject any relevant application or terminate memberships without notice of reasons for rejection or termination:
    • (1) If the Applicant has applied for the Service by using inadequate or wrong information.
    • (2) If the Applicant has applied for the Service by using false or fraudulent information intentionally.
    • (3) If the Applicant does not have a legally normal mental capacity.
    • (4) If the Applicant does not have a capacity to pay the tuition fees.
    • (5) If the Applicant has had, or is likely to have in Wasabi’s opinion, any outstanding debt to Wasabi.
    • (6) If the Applicant has violated any provision of this Terms of Use or all or part of the status of the User has been revoked.
    • (7) If the Applicant engages in any business similar to the Service or applies for the Service for the purpose of providing any third party engaging in such business with information of the Service.
    • (8) If Wasabi determines that the act of the Applicant hinders, or is likely to hinder, the normal operation of the Service, including, without limitation, the act against public order and standards of decency.
    • (9) If it is impossible or extremely difficult for Wasabi to contact the Applicant or with registered information.
    • (10) If Wasabi otherwise deems the Applicant inappropriate in light of the essence of this Terms of Use.

3. Disclosure of Change of Information

  1. The user shall register on the Service his or her email ID and Skype ID which can receive emails and calls from the Service.
  2. The user shall notify Wasabi promptly in a prescribed manner of any change of registered information such as email ID, resident address and Skype ID. However, on procedural grounds, it may take time to activate such change after the procedure has been taken.
  3. Wasabi is not responsible for any detriment incurred by the User until he or she gives notice stipulated in the preceding paragraph or due to the absence of such notice.
  4. Wasabi may terminate the membership of the Service based on the evaluation of the change.

4. Handling of Personal Information

  1. Wasabi manages any information of the applicant and the User registered at the time of the application for the Service and other personal information of the User acquired by Wasabi (the “Personal Information”), and uses the Personal Information for uninterrupted provision of the Service.
  2. The Applicant and the User acknowledge that Wasabi may handle and release the Personal Information statistically in a manner by which any relevant individual cannot be identified.
  3. If the User discloses his or her Personal Information on the Service in enrolling in the Service or participating in a community coordinated by Wasabi, Wasabi accepts no responsibility for any detriment or damage incurred by the User due to such disclosure.
  4. In case of termination of the Service, in accordance with the laws, Wasabi stores any information such as payment histories which is required to be stored under such laws and delete it when it need not be stored anymore.

5. Enrollment Period and Tuition Fees

  1. The enrollment period is monthly basis and based Japan Standard Time (“JST”).
  2. The payment of the tuition fee shall be made via PayPal.
  3. The tuition fee shall be payable only in Japanese Yen; provided, however, that the corporate user shall pay the tuition fees in the currency stipulated in the enrollment agreement.
  4. Unless the User discontinues the subscription, the enrollment is automatically renewed at the same subscription type.
  5. Regardless of whether the User actually takes the Service, unless the Subscription is discontinued in a manner prescribed by Wasabi, the tuition fees are charged and not refunded.
  6. In case of change of the tuition fees, Wasabi gives prior notice to the User on the Service by email and applies such changed tuition fees from the effective date thereof. As for the User who is in the enrollment period on the effective date of such change, the changed tuition fees are applied at the time of next renewal of the enrollment period.

6. Intellectual Property Rights

  1. Any copyrights and other intellectual property rights, including, without limitation, any software with regard to the Service (including the Site), the Service, and content, material, trademark, logo and manual on the Service are owned by Wasabi and other original right holders.

7. Prohibited Acts

With regard to the Service, the User shall not conduct any act that:

  • (1) Uses or distributes the materials provided by Wasabi for commercial purposes.
  • (2) Counters to internationally acceptable laws and statutes, including but not restricted to Copyright Infringement Laws,
  • Privacy Laws, Patent Infringement Laws, and Human Rights Abuse Laws.
  • (3) Causes the whole or part of the Service to be interrupted, damaged, rendered less efficient or impaired in any way.
  • (4) Uses the Service for any improper, immoral, fraudulent or unlawful purposes or to send receive, upload, download, use or reuse any material which is offensive, abusive, indecent, defamatory, obscene, or menacing.
  • (5) Uses the Service for any political, religious, or other acts that may be deemed as similar.
  • (6) Collects another person’s personal information without that person’s approval or in a fraudulent manner
  • (7) Discloses another person’s personal information without that person’s approval
  • (8) Uses any defect or failure of the Service for a fraudulent purpose or communicates such defect or failure to any other person
  • (9) Is determined to be inappropriate by Wasabi.

8. Stoppage of Subscription

  1. Wasabi may stop the Service, i.e. terminate the Service, without prior notice if Wasabi determines that: (1) The User violates any provision of this Terms of Use (2) The payment is suspended by PayPal
  2. In case of termination of the Service, all payment obligations of the User to Wasabi existing at such time (including outstanding the tuition fees) shall become immediately due and payable and the User shall fulfill such payment obligations in a lump sum.
  3. If Wasabi incurs any damage due to the User’s violation of Article 8 (“Prohibited Acts”) or any event stipulated in Paragraph 1 of this Article, it may seek compensation for the incurred damage from the User, regardless of whether the Service is terminated.
  4. Wasabi is not responsible for any damage incurred by the User due to termination of the Service under this Article.

9. Cancellation

  1. If the User wishes to discontinue the Service, the User shall take a procedure prescribed by Wasabi and posted on the Service.
  2. The Service may not be cancelled during any ongoing enrollment period. However, the User may terminate the Service for an upcoming enrollment period if the User contacts the Service by the 15th day (based on JST) of the month prior to the upcoming period.
    If payment has already been made by that time, the payment will be refunded at the end of the ongoing enrollment period.

10. Change of the Service

Wasabi may supplement, revise or otherwise change the Service at any time without prior notice to the User. Such change may also be made on grounds of maintenance of facilities or matters beyond Wasabi’s reasonable control, such as a natural disaster, etc.

11. Suspension of the Service

  1. Wasabi may temporarily suspend all or part of the Service without prior notice to the User if:
    • (1) It is inevitable due to maintenance or inspection of facilities for the Service.
    • (2) Any unavoidable failure arises to the facilities for the Service.
    • (3) It becomes difficult to provide the Service due to problems of a telecommunication service by a telecommunication company.
    • (4) It becomes impossible to provide the Service due to matters beyond Wasabi’s reasonable control, such as a natural disaster, etc.
    • (5) Wasabi otherwise determines that the suspension is necessary for the operation of the Service.
  2. In case of suspension of all or part of the Service under the preceding paragraph, the User remains liable to pay the tuition fees for the period during which the Service was available to the User.
  3. Wasabi is not responsible for any damage due to the suspension except in the case of Wasabi’s deliberate intention or gross negligence.

12. Termination of the Service

  1. Wasabi may terminate the entire Service upon prior notice in accordance with “Notice to the User”.
  2. In case of termination of the Service, Wasabi reimburses to the User a part of the tuition fees adjusted based on the remaining days of the enrollment period from the tuition fees the User has paid to Wasabi.

13. Change of This Terms of Use

  1. Wasabi may change this Terms of Use at any time without approval of the User when Wasabi deems it necessary.
  2. In case of change stated in the preceding paragraph, Wasabi notifies the User of the contents of such changed Terms of Use in a manner prescribed in Article 14 “Notice to the User”.

14. Notice to the User

  1. Wasabi gives notice to the User in a manner Wasabi chooses, such as by posting on the Service or by email.
  2. Wasabi is not responsible for any damage due to his or her failure to confirm any notice.

15. Disclaimer of Warranties; Limitation of Liability

  1. Wasabi tries to keep its Service safe, secure, and functioning properly, but cannot guarantee the continuous operation of or access to its Service. Some functions are subject to delays beyond Wasabi’s control.
  2. The User agrees that the User is making use of the Service at his or her own risk, and that Service is being provided to the User on an “AS IS” and “AS AVAILABLE” basis. That excludes all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  3. Wasabi is not liable, and the User agrees not to hold Wasabi’s responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
    • (1) The Users use of or the Users inability to use the Service.
    • (2) Delays or disruptions in the Service.
    • (3) Viruses or other malicious software obtained by accessing, or linking to, the Service.
    • (4) Glitches, bugs, errors, or inaccuracies of any kind in the Service.
    • (5) Damage to the Users hardware device from the use of the Service.
    • (6) A suspension or other action taken with respect to your account or breach of the Terms of Use.
  4. Notwithstanding this Article, Wasabi is responsible to indemnify the User from any ordinary and direct damage incurred by the User if Wasabi’s exclusion of liability stipulated in this Terms of Use is not admitted by any mandatory statute, final judgment of a court and the like or in the case of Wasabi’s deliberate intention or gross negligence.

16. Governing Law and Court of Jurisdiction

This Terms of Use is governed by the laws of Japan and the Applicant, the User and Wasabi agree that any dispute related to this Terms of Use is primarily under the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court.
 
Established on November 22nd, 2016
Wasabi – Learn Japanese Online