Menu

規約と条件

Last updated: 2024-09-17.

Definitions

For the purposes of this document, the following terms shall have the meanings set forth below. In particular, any grammatical form (e.g., singular, plural, possessive) of each of the following terms shall have a form-specific meaning corresponding to the defined term. All terms defined below are case-sensitive. The assigned meaning applies if the case of the characters in the term (uppercase or lowercase) exactly matches that of the defined term. For example, the meaning assigned to term that has first character in upper case not necessarily applies (may or may not apply depending on context) to same term with all characters in lower case, unless explicitly defined otherwise. A specific term may be defined either in this section or elsewhere in the document (an "inline definition"). Any terms not defined herein shall have the meaning assigned by applicable law, or if not legally defined, their meaning shall be inferred from the context within this document.

The term "条件" or "規約と条件"refers to this , the contract-offer, including all updates, modifications, and amendments.

The term "We" or "we" refers to Of Course Ltd, the legal entity that offers the 条件 and is party to the 条件. We are incorporated in United Kingdom in accordance with its laws. We have a registered office at Suite A, 82 James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE, United Kingdom and can be contacted using 連絡先.

The term "You" or "you" refer to you, the natural or legal person who has accepted the 条件 and/or is party to the 条件.

The term "プラットホーム" refers to the website (hyperlink) operated by us, and any software used to deliver our products, services, and content.

Any of the terms "サービス" or "サービス" or "積" or "プロダクツ" refers to respectively any or all of both product(s) and service(s) provided by us, particularly through the プラットホーム, including but not limited to online products, online services, and support.

The term "サードパーティのサービス" refers to any services, content, or products provided by third parties that may be made accessible to you through the プラットホーム.

The term "コンテンツ" refers to all materials, information, text, graphics, videos, software, and other content, including but not limited to the コース教材, made available through the プラットホーム.

The term "ユーザー生成コンテンツ" refers to any content that you both own and post, submit, or otherwise share through the プラットホーム, including but not limited to コース reviews, comments, or other contributions.

The term "コース" refers to the educational コンテンツ and サービス, including lessons, materials, and assessments, provided by us in formats such as video, audio, text, quizzes, and assignments.

The term "コースのバンドル" refers to any particular set of コース either purchased by you or offered by us.

The term "コース教材" refers to all content, materials, and intellectual property made available through our コース, including but not limited to audio, video, written materials, presentations, assignments, tests, assessments and any other educational content

The term "利用者" refers to any natural or legal person accessing or using the プラットホーム and サービス, including a visitor, registered user, client or buyer of the サービス.

The term "アカウント" refers to a personal 利用者 account created and/or used by a natural or legal person on the プラットホーム to access, purchase, and use the サービス.

The term "インストラクター" refers to any person who creates, provides, or delivers コース on the プラットホーム, whether employed by us or acting as a third-party provider.

The term "Fee" refers to the monetary cost required to buy the サービス offered on the プラットホーム.

The term "プライバシーポリシー" or "個人情報保護方針" refers to our policy governing the collection, use, and protection of personal data as stated in the document of the same name.

The term "知的財産" or "知的財産権" refers to all intellectual property, including but not limited to copyrights, trademarks, patents, trade secrets, and all other proprietary rights associated with the コンテンツ and materials made available through the プラットホーム and サービス.

The term "連絡先" refers to contacts section of the プラットホーム (hyperlink) that is to be used to contact us for any subject matter.

契約権の付与

These 条件 constitute the contract-offer, a legally binding agreement between you and us, governing your access to and use of both the プラットホーム and the サービス.

We hereby both (1) enter into the 条件 contract with you under the terms and conditions stated herein and (2), subject to the 条件, revocably grant you (herein referred to as "契約権の付与", "契約の付与", "契約付与") both (a) the right to access and use サービス and (b) the non-exclusive, revocable, limited, conditional, personal, and non-transferable license to use the プラットホーム if, and only if, each and all of these conditions (each herein referred to as "契約付与の条件", "契約付与条件") are true:

  1. you accept and agree to be bound by the 条件;
  2. you agree that using the プラットホーム constitutes your request for us to implement pre-contractual measures aimed at entering into additional contracts;
  3. you acknowledge that you have read and understood our プライバシーに関する通知 and プライバシーポリシー;
  4. you are at least 16 years of age.

If any of the 契約付与条件 is not true, then: (1) the 条件 contract is either not entered into or terminated automatically and immediately; and (2) Contract rights are either not granted or revoked automatically and immediately; and (3) we do not permit you to access or use the プラットホーム and サービス; and (4) you must cease accessing and using the プラットホーム and サービス immediately.

Apart from this clause, there will be no additional notice of both the 条件 contract termination and the revocation of the 契約付与 if it can be reasonably assumed that you already know, or should have known, that a 契約付与条件 is not true.

The 条件 apply to all users of the プラットホーム and サービス, including but not limited to visitors, registered users, and purchasers.

Any provisions of these 条件 may be modified or appended by separate written agreements between you and us. Additional, more specific terms and conditions published on the プラットホーム for specific サービス may apply to those サービス, and in the event of any conflict between the 条件 and those more specific terms and conditions, the more specific terms and conditions will govern.

Certain provisions these 条件 may be further detailed with corresponding instructions on the プラットホーム for specific サービス.

We reserve the right to modify the 条件 at any time. Any changes will be effective immediately upon posting on the プラットホーム. Your continued use of the プラットホーム and サービス following the posting of revised 条件 constitutes your acceptance of those changes. We encourage you to review the 条件 periodically to ensure you understand the terms that apply to your use of the プラットホーム and サービス.

Eligibility

By accessing or using the プラットホーム and/or サービス, you represent and warrant that you meet the following eligibility criteria:

Age as the 契約付与条件: You must be at least 16 years of age to create an アカウント, purchase コース, or otherwise use the プラットホーム and サービス. Users under the age of 16 are not permitted to directly access the プラットホーム and サービス. If you are under 16 years old, your parent or legal guardian must create and manage an アカウント on your behalf, and they must be the one to use the プラットホーム and/or purchase any コース or サービス. The parent or legal guardian will be responsible for use of the プラットホーム and/or サービス, and must agree to be bound by the 条件.

Underage access and use of プラットホーム and サービス: If you are not at least 16 years of age, no contract shall be deemed formed between you and us. Any attempt to access or use the Platform or Services is strictly unauthorized and illegal. Any such actions will be treated as void and the sole responsibility of parents or legal guardians.

Parental access and Responsibility: For users under 16 years of age, a parent or legal guardian must be the primary holder of the アカウント. All purchases, コース enrollments, and interactions with the プラットホーム and サービス for the underage user must be managed through the parent or guardian's アカウント. By creating an アカウント and purchasing コース for an underage user, the parent or guardian acknowledges their responsibility for supervising the minor's use of the プラットホーム and サービス and compliance with the 条件.

Legal capacity: You must have the legal capacity to enter into a binding contract. By using the プラットホーム or purchasing/using any サービス, you represent and warrant that you have the full legal authority to agree to and comply with the 条件. If you are entering into this agreement on behalf of a legal entity, you further represent that you have the authority to bind that entity to the 条件.

Accurate information: You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy throughout your use of the プラットホーム and サービス. Failure to provide accurate information may result in the suspension or termination of your アカウント.

Compliance with laws: You agree to use the プラットホーム and サービス only in compliance with all applicable laws, regulations, and the 条件. You shall not use the プラットホーム and/or サービス for any illegal or unauthorized purposes, and you agree to refrain from any activities that may disrupt or interfere with the proper functioning of the プラットホーム or delivery of the サービス.

アカウント Security: You are responsible for maintaining the confidentiality of your アカウント credentials and are fully responsible for all activities that occur under your アカウント. You agree to notify us immediately of any unauthorized use of your アカウント or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your アカウント credentials.

Geographic restrictions: The プラットホーム and サービス are accessible from various locations worldwide. However, you are solely responsible for ensuring that your use of the プラットホーム and サービス is legal in your jurisdiction. We reserve the right to restrict access to the プラットホーム and/or サービス in certain jurisdictions if required by local laws or regulations.

アカウント

Creation and authentication: To access and use the プラットホーム, including enrolling in コース and utilizing other サービス, you must create a user account through a third-party authentication service, such as Telegram or other supported platforms (hereinafter referred to as "メッセージング サービス アカウント"). By using a メッセージング サービス アカウント to sign up or sign in, you authorize us to use certain information of your メッセージング サービス アカウント for managing your access to プラットホーム and サービス.

Single identity: Your メッセージング サービス アカウント will serve as your sole アカウント for the プラットホーム and サービス. You may not create multiple アカウント or attempt to misrepresent your identity by using different メッセージング サービス アカウント. We reserve the right to suspend or terminate any アカウント found to be in violation of this policy.

Management and security: You are solely responsible for maintaining the security and confidentiality of your メッセージング サービス アカウント credentials, including any authentication tokens, passwords, or security settings associated with that アカウント. Any activity conducted through your メッセージング サービス アカウント will be considered as having been performed by you. If you suspect unauthorized access or any breach of security regarding your アカウント, you must immediately notify us.

Personal data protection: By using your メッセージング サービス アカウント to access the プラットホーム and サービス, you consent to our use of your アカウント information in accordance with our プライバシーポリシー. We will only access and use the minimum amount of information required for アカウント creation, authentication, and provision of the サービス. Your アカウント information will not be shared with third parties without your explicit consent, except as required by law.

Correct information: You agree to provide correct and up-to-date information during the registration process. Should any changes to your メッセージング サービス アカウント information occur (e.g., changes in your email address), you must update your details within your メッセージング サービス アカウント to ensure continued access to the プラットホーム and サービス. We will not be liable for any issues arising from outdated or incorrect information of your アカウント.

Termination: You may terminate your アカウント at any time by deactivating your メッセージング サービス アカウント or discontinuing its use for accessing the プラットホーム and サービス. However, any outstanding obligations (such as payment for purchased コース) will remain enforceable, and termination of your アカウント will not relieve you of any prior contractual obligations. We reserve the right to suspend or terminate your アカウント at our sole discretion, including but not limited to cases of fraud, misuse, or violation of the 条件.

Third-party service: Your use of a メッセージング サービス アカウント for authentication is subject to the terms and conditions of the respective third-party service provider. We are not responsible for any actions or policies of the third-party service provider, and you acknowledge that your legal relationship with that provider is independent of your legal relationship with us.

Inactivity: We reserve the right to suspend or terminate アカウント that have been inactive for an extended period. You will be notified of such action, and continued access may require re-authentication via your メッセージング サービス アカウント.

Purchases and payments

Pricing: The prices for individual コース and コースのバンドル are displayed on the プラットホーム or provided via a case-specific quote, depending on the type of enrollment and the specific requirements of the 利用者. All prices are listed in the applicable currency and include any applicable taxes unless otherwise specified. We reserve the right to change pricing at any time; however, any changes will not affect purchases that have already been completed.

Payment methods: All payments for コース and コースのバンドル must be made through a third-party payments service provider. We do not collect or store any payment details, including credit card information. Accepted methods of payment are those supported by the payments service provider, and may include credit or debit cards, bank transfers, or other payment methods, depending on the provider's policies and regional availability.

Purchase and start of the コース: Once a purchase has been completed, you will receive a confirmation email or notification outlining the details of your enrollment. The コース is considered "started" once you have accessed the コース教材 or participated in any scheduled session or assignment related to that コース. The purchase is considered final once コース has been started, and start of the コース is treated as a binding allocation of resources on our side. This includes but is not limited to reserving インストラクター time, コース教材, and access to the necessary infrastructure.

Refunds: Due to the non-reversible commitment of resources, no refunds are available for any コース that has started, including any コース in the コースのバンドル. In particular, no refund is available for any コース once the 利用者 has accessed any portion of the コース教材 or attended any sessions of that コース. Complete refund is available for any コース that has not started.

In particular, stated refund policy applies to コース in a コースのバンドル: Complete refund is available for any コース in a コースのバンドル that have not been started. No refund is available for any コース in a コースのバンドル that have been started.

Cancellation: Full refunds are available if a コース or コースのバンドル is canceled by you prior to the start of any コース. Cancellations must be made by following the instructions provided on the プラットホーム or contacting our support team. Once some コース in the コースのバンドル have been started, the prorated refund policy for コースのバンドル, as described above, will apply.

Scheduled start and enrollment: Certain コース may require specific scheduling for your enrollment to accommodate class sizes, インストラクター availability, or other capacity planning considerations. These requirements, including possible deadlines for scheduling or specific conditions tied to コース delivery, will be detailed on the プラットホーム. By enrolling in such コース, you agree to comply with any scheduling or capacity-related conditions specified at the time of enrollment.

Access to コース教材: Upon successful purchase and confirmation of enrollment, you will be granted access to the relevant コース教材 as described on the プラットホーム. Access to コース教材 is generally provided for the duration of the コース or as otherwise specified. We reserve the right to modify or update the content of any コース as necessary to improve quality or respond to educational developments.

Changes and cancellations by us: We reserve the right to modify or cancel any コース and コースのバンドル, including rescheduling start dates or making adjustments to コース content, for reasons such as insufficient enrollment, インストラクター availability, or other unforeseen circumstances. In the event of a cancellation or significant modification of a コース or コースのバンドル by us, you will be entitled to a prorated refund for the canceled コース, including any prorated refund for affected コースのバンドル as applicable.

Currency and taxes: Payments for コース and コースのバンドル are typically processed in the currency specified at the time of purchase. You are responsible for any applicable taxes, fees, or currency conversion charges imposed by the payments service provider or your financial institution.

Dispute resolution: Any disputes related to payments or refunds will be handled in accordance with the applicable terms set by the third-party payments service provider. We will cooperate with the provider to resolve payment issues but are not responsible for any delays or errors caused by the payment provider.

Invoices: Invoices or receipts for your purchases will be issued electronically and sent to your registered email address. If required, you may request a hard copy of the invoice by contacting our support team.

Promotional offers: From time to time, we may offer promotional discounts or other offers on コース or コースのバンドル. These offers are subject to additional terms and conditions and may be revoked or modified at any time at our sole discretion.

Access to the サービス

Scheduled access: Access to a コース may not be provided immediately upon payment due to the time required to allocate and commit the necessary resources, such as instructional capacity, コース教材, and infrastructure. ユーザー are required to agree on the scheduled start date of the コース through pre-sale support, as each コース may have different requirements for enrollment and capacity planning.

Pre-agreed start: Before accessing a コース, ユーザー must pre-agree on the コース start date through coordination with our support team. This step is required to ensure that instructional resources, including faculty availability and other operational factors, are appropriately allocated. You will receive confirmation of the agreed start date via email or notification on the プラットホーム. Until such an agreement is reached, the コース will not begin, and access will not be granted.

Specific conditions: Specific conditions for accessing each コース, including the possibility of delays or rescheduling, will be detailed on the individual コース page on the プラットホーム. These conditions may include, but are not limited to, minimum enrollment requirements, scheduling preferences, and any prerequisites necessary to access コース教材.

Changes to start date: We reserve the right to change the scheduled start date of a コース if necessary due to operational constraints or other unforeseen circumstances. If such changes occur, we will notify you promptly and work with you to establish a new start date. You will have the option to cancel the コース for a full refund if no suitable alternative date can be agreed upon.

Delivery: Once access is granted, you will have access to the コース教材 and sessions in accordance with the schedule published on the プラットホーム. Any deviations from the initially agreed delivery timeline due to operational or technical reasons will be communicated promptly.

Technical requirements: Access to the コース requires you to have the necessary technical equipment and internet access. It is your responsibility to ensure that you meet the minimum technical requirements as detailed on the プラットホーム for each コース. Failure to meet these requirements does not entitle you to a refund or any adjustments to the schedule.

Access duration: Access to コース教材 is typically granted for the duration of the コース as outlined on the プラットホーム. After the completion of the コース, access may be restricted or terminated unless otherwise specified.

Support: During the duration of the コース, you may contact our support team for assistance with accessing コース教材, scheduling issues, or any other inquiries related to コース.

知的財産

Ownership of コース教材: コース教材 are the exclusive property of us or our licensors, and protected by intellectual property laws, including copyright, trademark, and trade secret laws.

Limited license for personal use: Upon enrollment in a コース, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the コース教材 solely for your personal educational purposes. This license does not grant you any ownership rights in the コース教材 or any rights to reproduce, distribute, modify, display, or perform the コース教材, except as explicitly allowed by the 条件.

Prohibition of commercial use: You are strictly prohibited from using, sharing, reproducing, distributing, or repurposing the コース教材 for any commercial purposes, including but not limited to creating competing educational products or services, offering similar courses, or using the コース教材 to conduct training programs for third parties.

Competing providers: No competing provider of online courses, training, or other educational services may use or reuse any of our コース教材 in the development, creation, or offering of their own courses, either directly or indirectly. This prohibition extends to any similar service, platform, or organization that offers comparable educational programs or services.

Restrictions on copying and sharing: You may not download, copy, or share any part of the コース教材 unless expressly permitted by us. Unauthorized distribution of any コース教材, whether online or offline, is strictly prohibited and may result in the termination of your access to the コース, without refund, and may subject you to legal action.

Feedback and suggestions: Any feedback, suggestions, or ideas you provide to us regarding the プラットホーム, サービス, コース, コース教材, コンテンツ will be treated as non-confidential and non-proprietary. We reserve the right to use such feedback without any obligation to compensate you or acknowledge your contribution.

Infringement of 知的財産権: We reserve the right to take legal action against any unauthorized use, reproduction, or distribution of our 知的財産. Any attempt to exploit our 知的財産 in violation of the 条件 will be met with the full extent of our legal rights and remedies.

Third-party materials: Some of the コース教材 may contain content or resources licensed from third parties. Such third-party content is subject to additional terms and conditions, and you agree to comply with any such terms and conditions provided in conjunction with these materials.

Conduct of 利用者

Respectful behavior: You agree to conduct yourself in a respectful and lawful manner while accessing and using the プラットホーム and/or サービス, including during participation in any of the コース, forums, or communication with other ユーザー, インストラクター, or support staff. Harassment, abusive behavior, discrimination, or any form of offensive conduct will not be tolerated and may result in the suspension or termination of your アカウント.

Prohibited activities: You are prohibited from engaging in any of the following activities while using the プラットホーム and/or サービス:

  • Illegal activities: Engaging in any activity that violates local, national, or international law, including intellectual property laws, is strictly prohibited.
  • Unauthorized access: Attempting to access アカウント, systems, or networks connected to the プラットホーム without authorization, including hacking, phishing, or any other malicious activities, is strictly forbidden.
  • Disruption of the プラットホーム and/or サービス: Interfering with the operation of the プラットホーム, including but not limited to spamming, transmitting malware, or disrupting the technical infrastructure of the プラットホーム, is prohibited.
  • False information: Providing false or misleading information during アカウント registration, participation in コース, or in any communication with us or other ユーザー is prohibited.
  • Impersonation: You may not impersonate any person or entity, or falsely represent your affiliation with any person or entity, including インストラクター, staff, or other ユーザー.

Protection of 知的財産: You agree not to reproduce, distribute, modify, or publicly display any コース教材 unless you have obtained explicit permission from us. Any unauthorized use of the 知的財産 provided through コース is strictly prohibited, as detailed in the 知的財産 section of the 条件.

Respect for privacy: You must respect the privacy and confidentiality of other ユーザー. You may not share or disclose any personal information of other ユーザー, インストラクター, or staff without their express consent. Additionally, you must comply with all applicable data protection laws when using the プラットホーム and/or サービス.

Compliance with コース Rules: You agree to follow the specific rules and guidelines for each コース, as set out by the インストラクター or the コース教材. Failure to comply with these rules may result in your removal from the コース or the suspension of your アカウント.

Prohibition of unauthorized commercial use: The プラットホーム is for personal educational use only. You may not use the プラットホーム, サービス, コース, コース教材, or コンテンツ for commercial purposes, including advertising, soliciting, or reselling the サービス, コース, コース教材, or コンテンツ without prior written consent from us.

Reporting violations: If you become aware of any violations of the 条件, including inappropriate conduct or misuse of the プラットホーム, you are encouraged to report such violations to our support team. We reserve the right to investigate and take any necessary action, including suspending or terminating アカウント, in response to violations.

Consequences of violations: Any violation of these conduct guidelines may result in the suspension or termination of your アカウント, with or without notice, and may include further legal action if necessary. We reserve the right to remove you from コース or restrict your access to the プラットホーム at our sole discretion in response to any breaches of these 条件.

ユーザー生成コンテンツ

Ownership of ユーザー生成コンテンツ

You retain ownership of any content you post, submit, or otherwise share through the プラットホーム, including but not limited to コース reviews, comments, or other contributions. By submitting your ユーザー生成コンテンツ, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display this ユーザー生成コンテンツ in any media.

License to use

By posting or submitting your ユーザー生成コンテンツ on the プラットホーム, you grant us the right to share, display, and promote this ユーザー生成コンテンツ as part of the プラットホーム and サービス. This includes using your ユーザー生成コンテンツ for promoting コース, コース reviews, or other activities related to the プラットホーム and サービス.

Responsibility for ユーザー生成コンテンツ

You are solely responsible for the accuracy, legality, and appropriateness of any ユーザー生成コンテンツ you submit. You agree that your ユーザー生成コンテンツ will not:

  • Infringe on any intellectual property rights, privacy rights, or other proprietary rights of any third party.
  • Contain defamatory, offensive, or unlawful material.
  • Include unauthorized commercial promotions, advertising, or spam.

Moderation and removal

We reserve the right to review, moderate, or remove any ユーザー生成コンテンツ that violates the 条件, applicable laws, or our community standards, without notice. We also reserve the right to block or suspend ユーザー who repeatedly violate these policies.

No endorsement

We do not endorse, approve, or guarantee the accuracy of any ユーザー生成コンテンツ. All ユーザー生成コンテンツ posted by ユーザー reflects their personal opinions and should not be taken as advice or professional guidance. You acknowledge that using or relying on any ユーザー生成コンテンツ is at your own risk.

Feedback and suggestions

If you provide feedback or suggestions regarding the プラットホーム, サービス, コース, コース教材, or コンテンツ we may use that information without obligation to you and are under no obligation to keep such feedback confidential.

Third-party rights

You agree that your ユーザー生成コンテンツ will not violate any rights of third parties, including intellectual property, privacy, and data protection laws. If you post ユーザー生成コンテンツ on behalf of others, you represent and warrant that you have the necessary permissions to do so.

個人情報保護方針

Collection of personal data: We collect and process personal data of visitors, users, and customers of the プラットホーム in accordance with applicable data protection laws. This includes personal data that may be collected during アカウント registration, コース enrollment, purchases, and interaction with the プラットホーム and サービス.

Compliance with the 個人情報保護法: As part of our commitment to safeguarding your personal data, we ensure compliance with all relevant personal data protection laws, including but not limited to the General Data Protection Regulation (GDPR), and other applicable national and international regulations.

Reference to the プライバシーポリシー: The details of how we collect, use, protect, and process your personal data, including your rights related to your personal data, are outlined in our separate プライバシーポリシー document. We strongly encourage you to review our プライバシーポリシー, which can be accessed here.

Your acceptance: By using the プラットホーム, you acknowledge that you have read and understood our プライバシーポリシー and agree to the collection and processing of your personal data as described therein.

Legal persons acting through representatives

Applicability

The 条件 apply to both natural and legal persons accessing the プラットホーム and/or サービス. Except for this section, references to "you" or "利用者" in the 条件 refer to either a natural person or a legal person (such as a company). In the current section "Legal persons acting through representatives", "you" refers only to a natural person.

Representation of legal person

You can use the プラットホーム and サービス on behalf of either yourself or a legal person, but not both.

You may use the プラットホーム and サービス on behalf of a legal person if, and only if, all of the following conditions are met: (1) you have been authorized by the legal person to use the プラットホーム and サービス on behalf of that legal person as their representative; (2) you have notified us (using corresponding input elements of the プラットホーム) that you are using the プラットホーム and サービス on behalf of that legal person; and (3) either that legal person is already bound by the 条件, or your use of the プラットホーム and サービス binds that legal person to the 条件. If at least one of these conditions is not met, then you use the プラットホーム and サービス in your individual capacity and agree to assume all obligations and liabilities under the 条件 personally.

Binding of legal persons

If you are using the プラットホーム and/or サービス on behalf of a legal person (such as a company, organization, or other corporate entity) and that legal person has not been bound by the 条件, by accessing or using プラットホーム and/or サービス, you:

  • represent and warrant that you act as authorized representative and have the authority to bind that legal person to the 条件;
  • accept the 条件 on behalf of the legal person you represent.

Lack of authority

If you do not have the authority to bind a legal person to the 条件, you must not accept the 条件 on behalf of that legal person.

If you do not have the authority to use the プラットホーム and サービス as representative of a legal person, you must not use the プラットホーム and サービス on behalf of that legal person.

If your authority to bind a legal person to the 条件 is disputed, invalid, or absent, you agree that all obligations and liabilities incurred during your use of the プラットホーム and サービス will be personally binding on you, including any fees, penalties, or damages.

Delegation of use

Once the 条件 are accepted by an authorized representative of a legal person, any employee, agent, or representative of that legal person is permitted to use the プラットホーム and サービス on behalf of that legal person, provided such delegated use is authorized by that legal person and complies with the 条件. The legal person shall be responsible for all actions performed by its employees, agents, or representatives. The legal person agrees to:

  • ensure that its employees, contractors, or agents using the プラットホーム and サービス comply with the 条件 and that any breach by its representatives is attributed to the legal person;
  • be responsible for all payments, invoicing, and other financial obligations related to the use of the プラットホーム and サービス; in case of disputes, the legal person, not its individual employees, shall be deemed the contracting party for financial obligations.

Transfer of personal data

When acting on behalf of a legal person, you agree not to submit any personal data of yourself or others (such as employees), except when such data is explicitly required by the 条件 or instructions of a specific サービス.

A legal person is required to notify us if data transferred to us contains any personal data and identify that personal data. In the absence of such notice, we will assume that any data submitted in connection with the legal person's use of the プラットホーム and サービス is non-personal data attributable to the legal person, except when personal data is explicitly required by the 条件 or instructions of a specific サービス.

Discounts

If for a specific コース we offer group discounts based on the number of persons who take the コース together in the group, the discount is calculated based on the number of natural persons in the group.

Corporate training

If specific コース are advertised by us for corporate training programs, a legal person must be bound by the 条件 for those コース to qualify as corporate training.

Disclaimers

Accuracy of コース information

While we strive to ensure that the information provided within コース, including コース教材 and descriptions, is accurate, up-to-date, and complete, we make no representations or warranties, express or implied, regarding the accuracy, completeness, or usefulness of such information. The content provided in コース is for educational purposes only and may not reflect the most current developments in the relevant field.

No guarantees of results or outcomes

We do not guarantee any specific results or outcomes from taking コース, including but not limited to certification, employment, or other professional advancements. The effectiveness of any コース or the achievement of any personal or professional goal is subject to various factors beyond our control, including your own effort, prior knowledge, and the evolving standards of the industry or field in question.

Third-party materials and links

Our コース may include materials provided by third parties or links to third-party websites or resources. We do not endorse, verify, or take responsibility for the accuracy or completeness of any content provided by third parties. Accessing third-party content is at your own risk, and we are not liable for any issues arising from such use.

No warranties

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We provide the プラットホーム, サービス, コース, コース教材, and コンテンツ "as is" without any guarantees of any kind.

Changes to コース

We reserve the right to modify, update, or discontinue any サービス, コース, or コンテンツ at any time without prior notice. This may include, but is not limited to, changes to コース schedules, インストラクター, materials, or pricing. We will not be held liable for any inconvenience or loss incurred as a result of such changes.

Limitation of liability

In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the プラットホーム, any of the サービス, コース, コース教材, or コンテンツ, including but not limited to damages for loss of profits, loss of data, or other intangible losses, even if we have been advised of the possibility of such damages.

Limitation of liability

Liability cap

To the fullest extent permitted by applicable law, our total liability to you for any claims arising out of or relating to the 条件, your use of the プラットホーム, or any コース provided by us, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount you paid for the サービス or コース that gave rise to the claim. In no event shall our liability exceed this amount.

Exclusions of indirect damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising from your use of the プラットホーム and/or サービス, your participation in any コース, or your reliance on any information provided by us, even if we have been advised of the possibility of such damages.

Exceptions

Nothing in the 条件 limits or excludes any liability that cannot be limited or excluded by law, including but not limited to liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation.

Force majeure

We shall not be held liable for any delay or failure to perform our obligations under the 条件 due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, strikes, or interruptions in internet or communication services.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Your use of the プラットホーム and/or サービス;
  • Your violation of the 条件 or any applicable laws or regulations;
  • Your infringement of any third-party rights, including intellectual property rights;
  • Any コンテンツ you submit to the プラットホーム, including ユーザー生成コンテンツ;
  • Any dispute between you and any third party.

Cooperation in defense against legal claims

We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, and you agree to cooperate with us in such defense. You shall not settle any claim without our prior written consent.

Notification

You agree to promptly notify us of any claim, demand, or action for which indemnification is sought.

Survival

This indemnification obligation will survive the termination of the 条件 and your use of the プラットホーム and/or サービス.

Governing law and dispute resolution

Governing law for interpretation

For the purposes of regular interpretation, performance, and compliance with this agreement, the contract shall be interpreted in accordance with the laws of the country of residence (for natural persons) or the country of incorporation (for legal entities) of the party interpreting or applying the contract (the "Applicable jurisdiction"). This governing law applies without regard to the conflict of law principles of that country.

Governing law for disputes

In the event of a formal dispute or legal claim, the laws of the country of residence (for natural persons) or the country of incorporation (for legal entities) of the defendant (the "Applicable jurisdiction") shall govern the interpretation and enforcement of the contract, without regard to its conflict of law principles.

Dispute resolution

Mediation

In the event of any dispute, claim, or controversy arising out of or in connection with the 条件 or the use of the プラットホーム and サービス, the parties agree to first attempt to resolve the matter amicably through mediation. Mediation shall be conducted in accordance with the mediation procedures and laws of the Applicable jurisdiction. Mediation may take place remotely or in any format agreed upon by both parties.

Legal actions

If the dispute is not resolved through mediation within 30 days of notice, either party may initiate formal legal proceedings in the court located in the district (or city) of the defendant's place of residence or registered office within the Applicable jurisdiction. If no such court exists in the district or city, the proceedings shall be brought in the court of the province or region where the defendant's place of residence or registered office is located. If there is no such court at the provincial or regional level, the proceedings shall be brought in the court of the country where the defendant resides or is located. These courts shall have exclusive jurisdiction over all disputes, claims, or controversies arising out of or relating to the 条件, and both parties consent to the personal jurisdiction of these courts.

Waiver of class actions

You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class action or other representative action.

Termination of サービス

Right to terminate: We reserve the right to suspend or terminate your access to the プラットホーム and/or サービス at any time, with or without notice, if we reasonably believe that you have violated the 条件, applicable law, or any other policy governing the use of the プラットホーム and/or サービス.

Grounds for termination: Your access to the プラットホーム and サービス may be terminated for any of the following reasons:

  • Violation of the 条件, including failure to comply with the User conduct or 知的財産 clauses.
  • Providing false or misleading information during アカウント registration or at any time during the use of the プラットホーム and/or サービス.
  • Engaging in any activity that is harmful to other ユーザー, our system, or that interferes with the normal functioning of the プラットホーム.
  • Misuse or unauthorized reproduction, distribution, or sharing of コース教材 in violation of our 知的財産 provisions.
  • Non-payment of any fees or charges due for the サービス you have subscribed to or purchased.
  • Effect of termination: Upon termination, your rights to use the プラットホーム and services will immediately cease. You may also lose access to any コース教材, progress, or content associated with your アカウント. Any termination does not entitle you to any refunds, unless otherwise specified in our refund policy.

Voluntary termination: You may terminate your アカウント and cease use of the プラットホーム and サービス at any time. To do so, you must send a written notice to our support team via the contact methods listed on the プラットホーム. Please note that any voluntary termination does not entitle you to a refund for any unused portion of the purchased サービス or コース.

Survival of 条件: Certain provisions of the 条件, including but not limited to 知的財産, Limitation of liability, and Governing law, will survive termination and remain enforceable.

Reinstatement: We reserve the right, at our sole discretion, to reinstate access to the プラットホーム and サービス after termination. Reinstatement may be subject to conditions, such as adherence to specific guidelines or the payment of outstanding fees.

Force majeure

Definition of force majeure: We shall not be liable for any failure to perform or delay in performing any of our obligations under the 条件 where such failure or delay is due to circumstances beyond our reasonable control (hereinafter "不可抗力事象"). Such events include but are not limited to:

  • Acts of God (natural disasters such as earthquakes, floods, hurricanes, or other extreme weather events)
  • War, invasion, or acts of terrorism
  • Civil unrest, riots, or disturbances
  • Government orders, laws, or regulations, including restrictions due to pandemics, quarantines, or public health emergencies
  • Strikes, labor disputes, or other industrial action
  • Interruptions or failures of electricity, internet, or telecommunications services
  • Fires, explosions, or other accidents

Suspension of performance: If a 不可抗力事象 occurs, our obligations under the 条件 will be suspended for the duration of the event. We will make reasonable efforts to resume the プラットホーム and サービス as soon as the event ends, but we cannot guarantee the timeframe for resumption.

Notification: We will endeavor to notify ユーザー of the occurrence of any 不可抗力事象 as soon as is reasonably practicable. ユーザー are encouraged to stay informed via our official communication channels regarding the status of the プラットホーム and サービス during such events.

No liability: We are not liable for any loss, damage, delay, or failure to fulfill our obligations due to a 不可抗力事象. This includes any inability to access コース, delays in コース schedules, or any other disruptions caused by such events.

Right to terminate: If a 不可抗力事象 lasts for more than 60 days, either party has the right to terminate the 条件 by providing written notice to the other party. In the event of such termination, any prepaid but undelivered サービス may be refunded in accordance with our refund policy, provided no portion of the サービス has already been delivered or consumed.

Severability

If any provision of the 条件 and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the fullest extent permissible by law, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way. The remaining provisions will continue in full force and effect.

Entire agreement

The 条件 constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. No amendment or modification of the 条件 shall be effective unless in writing, communicated to you, and accepted by you through your continued use of the プラットホーム and/or サービス.

条件 in multiple languages

The 条件 may be available in multiple languages. In the event of any discrepancy, inconsistency, or conflict between the 条件 in English and the 条件 in any other language, the 条件 in English shall prevail.

Version

Last updated: 2024-09-17. Version string: 5v1.0.0AAAAAADe6v______7_________-f_v______3________38.