利用規約
Terms of use
Japan Telecounseling Association (hereinafter referred to as “JTA”) establishes the following terms of use (hereinafter referred to as the “Terms of Use”) regarding usage of the telecounseling services offered on the “mHealth Japan” operated by JTA (hereinafter referred to as the “Service”) as a whole for persons who wish to apply to use the Service (hereinafter referred to as “Applicants”), as well as users who have applied to register with JTA and whose registration has been approved by JTA (hereinafter referred to as “Users” regardless of whether an individual or corporation), and stipulates terms of agreement between Users and JTA. When using the Service, it is required to have read these terms in their entirety and agreed to these Terms of Use. Moreover, JTA shall deem Applicants as having accepted the terms at the time they make their application to register for the Service.
Article 1 Scope of Application of these Terms
1. The purpose of these Terms of Use is to set forth the conditions for provision of the Service and to establish the relationship related to rights and obligations between JTA and Applicants and Users with respect to the use of the Service, and they apply to all relationships related to rights and obligations between JTA and Applicants and Users with respect to the use of the Service. These Terms of Use and other detailed rules of use apply to both Applicants and Users, and acceptance of these Terms of Use and other detailed rules of use is required. Please use the Service after having accepted these terms.
2. For matters not provided for in these Terms of Use, unless otherwise provided for, the provisions of the “Terms of Use for the JTA Website” and other terms of use set forth by JTA shall be applied, either directly or with the provisions having been appropriately replaced, and when the provisions are different to those terms of use set forth by JTA in these Terms of Use, the provisions of these Terms of Use shall prevail.
Article 2 User Registration, etc.
1. When using the Service, Applicants agree to comply with these Terms of Use, and by providing JTA certain information stipulated by JTA (hereinafter referred to as “registration details”), by means decided by JTA, and registering as a User, may apply to register with JTA to use the Service.
2. Applicants who have applied for registration in accordance with the preceding paragraph (hereinafter referred to as “registration applicants”) shall follow the registration procedure in accordance with JTA’s standards and regulations.
3. JTA may refuse user registration for the Service in the following cases; however, if refused, the reasons for the refusal decision cannot be disclosed to registration applicants. Moreover, registration applicants cannot raise any objections with respect to the results of such a decision.
(1) When the registration applicant does not exist
(2) When the registration applicant cannot be reached via the contact information he or she has provided, such as an email address
(3) When the information submitted by the registration applicant is found to contain fraudulent or incorrect information
(4) When an registration applicant’s use of services, etc., operated by JTA or a group company (including but not limited to the Service and “JTA’s website”) has been suspended due to a breach of terms, and JTA determines that his or her user registration should not be approved
(5) If JTA determines that the applicant is an antisocial force, etc. (referring to crime syndicates, crime syndicate members, associate members of a crime syndicate, persons related to a crime syndicate, corporate racketeers, right-wing organizations, antisocial forces; the same shall apply hereinafter), or has any relationship or involvement with antisocial forces, etc., such as supporting them, through funding or other means, or cooperating with or being involved in their operation or management
(6) When there are obstacles to JTA's operations or technical obstacles
(7) In other cases where JTA determines that registration or use of the Service is not appropriate
4. Persons under the age of 18 applying to use the Service, please apply after you have obtained the permission of your legal guardian.
5. JTA conducts maintenance on an irregular basis when necessary. During this period, it is not possible to apply to use the Service or to make changes to your registration details.
Article 3 Service contents
The Service shall include the following provided services, as well as related services.
1. The provision of Japanese lessons online
2. The provision of a website which makes it possible to check your lesson history and schedule, make lesson reservations, change your profile and access online classrooms
Article 4 Changes to Terms and Conditions
1. JTA can change these Terms of Use in whole or in part, without obtaining the prior approval of Applicants and Users.
2. In the case referred to in the preceding paragraph, the changed Terms of Use shall be notified to users in a manner deemed appropriate by JTA, and, subsequently, when Applicants and Users have used the Service, the Applicants and Users in question shall be deemed to have agreed to the contents of the changed Terms of Use.
Article 5 Purchasing, Fees and Payment Method for the Service
1. When Applicants and Users wish to purchase the Service, they shall apply to purchase the Service in accordance with the method stipulated by JTA. Moreover, these Terms of Use shall apply as terms and conditions, etc., when making an application. It is not possible to cancel a contract after it has been concluded.
2. When the application referred to in the preceding paragraph has been reflected on the applicable page on the website, it shall be deemed that JTA has approved the application, and the sales agreement for the Service shall be concluded at that time.
3. The fee and payment method are as stipulated separately. In cases where user registration for the service has been conducted overseas, the fee shall be the same amount as the fee for us
e within Japan. The times for various updates to the Service and base dates for payments, etc., shall follow Japan Standard Time.
4. Internet connection fees and the cost of computer and telecommunications equipment required for Applicants and Users of the Service to use the Service, shall be borne by Applicants and Users of the Service.
5. Payment of fees for the Service shall be made by credit card. For payment by a corporation, after the application has been accepted, the documents for payment, such as invoices, will be sent and payments shall be handled via bank transfer.
6. When a User delays payment to JTA, JTA can freely transfer the monetary claim to a third party.
Article 6 Outsourcing of Credit-settlement Operations
1. JTA commissions the processing of all credit card payments for JTA services to GMO Payment Gateway, Inc. (hereinafter "GMO"; personal information protection agreement has been concluded).
2. Applicants and Users agree to GMO acting as an agent for the settlement of fees for the Service, and shall apply via the application page.
3. JTA does not retain any information relating to the User’s credit card whatsoever.
Article 7 Changes to Registration Details
In the event that there are any changes to a User's name, email address, or other information registered at the time of their application, the User shall promptly register the changes on the page on the website.
Article 8 Management of User ID and Password
1. Users are responsible for the management of the user ID and password they register, which are required when using the Service, and all responsibility for the management and use of the user ID and password shall be borne by the Users themselves.
2. If a User’s ID and password are stolen or forgotten, or if it is discovered that they are being used by a third party, the User shall immediately notify JTA and follow any instructions given.
3. JTA shall not be liable for any damages associated with any negligent or third-party use of the ID and password, except in cases where due to JTA's intent or gross negligence. JTA shall not be liable for any damages arising from User negligence or unauthorized use by a third party.
Article 9 Personal Information
1. JTA gives the utmost consideration to the protection of the personal information of Users. User information acquired by JTA in relation to the use of the Service shall be handled in accordance with the “Handling of Personal Information” under the separately published “Privacy Policy”.
2. For JTA’s “Privacy Policy” and “Handling of Personal Information”, please refer to the relevant pages on JTA operated websites.
Article 10 Usage Environment for the Service
1. Depending on the User’s usage environment (specification of PC, smartphone or tablet, software requirements, network environment, etc.), the Service may not be able to be used correctly.
2. Users shall be responsible for ensuring that they meet JTA’s separately defined system requirements, at the time of application and during the period of use of the Service, and use the various features of the Service.
3. JTA shall not assume any responsibility in the event that the Service cannot be used due to the User’s usage environment.
Article 11 Lessons
1. Lesson System
(1) When using the Service, Users apply for courses separately defined by JTA in advance, and reserve the lessons themselves before taking them. Users shall log into the applicable classroom site (hereinafter “site”) at the scheduled date and time for the lesson and take the lesson.
(2) Users shall be responsible for logging into the site prior to the scheduled start time of their lessons. Moreover, JTA assumes no responsibility for a User’s inability to take a lesson due to his or her lateness, leaving early, absence or other trouble.
(3）JTA shall assume no liability, for whatever reason, except for the following cases.
ⅰIf a User was unable to take a lesson due to a system failure on the site
ⅱIf a User was unable to take a lesson due to negligence on the part of JTA
2. Date and Time of provision of the Service
The individual dates and times for provision of the Service will be as separately listed on the site. Moreover, JTA shall be able to make changes to the dates and times for provision of the Service by posting a notification on the site.
3. Lesson Service Restrictions
(1) In the event that the progress of the lesson is disrupted due to system failures of the User’s device, disconnection associated with the User’s network environment or acts falling under those set forth in Article 17 (User Prohibitions), JTA or the lesson instructor shall be able to end the User's participation in the lesson, even if the lesson is in progress.
(2) In accordance with the provisions of the preceding paragraph, even in cases where taking the lesson has become difficult and participation in the lesson has been ended, the User shall not be relieved of any obligations, such as the payment of fees.
Article 12 Cancellations and Refunds
Users cannot cancel the agreement at their own convenience. JTA shall not assume any obligation to refund fees.
Article 13 Contact and Notification
Inquiries with regard to the Service and other contact or notification from Applicants and Users to JTA, as well as notifications regarding changes to these Terms of Use and other notifications from JTA to Applicants and Users, shall be conducted by the method set forth by JTA.
Article 14 User Support
Inquiries regarding the Service are received at the “Inquiries” page on the site.
Article 15 Suspension of Use by JTA
1. If it is discovered that any of the following items apply to the User, JTA may, without prior notice, suspend his or her use of the Service.
(1) If the User breaches these Terms of Use
(2) If the information entered by the User when registering for the Service was used unlawfully or the User made a false declaration
(3) If the User delays performance of payment obligation for Service fees, etc., or if the User refuses to make payment
(4) If JTA determines that the User is unsuitable for the Service due to any other reasonable grounds
2. JTA will not accept any questions or complaints with regard to measures taken to suspend the User's use of the Service.
3. When measures have been taken by JTA to suspend the User's use of the Service, the User forfeits all benefit of time, and shall pay all debts owed to JTA (including unpaid fees for the Service) as a lump sum.
4. In the event that a User breaches these Terms of Use, or falls under any on the items in paragraph 1 of this Article, and JTA incurs damages as a result, JTA shall be able to seek compensation from the User for the damages incurred.
5. JTA assumes no liability whatsoever for any damages incurred by the User as a result of measures taken to suspend his or her use of the Service.
Article 16 Modification, Suspension or Termination or Transfer of the Service
1. In the event that any of following apply, JTA can suspend or interrupt the operation of the Service, and shall assume no liability in relation to the suspension of the Service. (1) When performing irregular or emergency maintenance on the Service's system.
(2) When normal provision of the Service has become impossible due to war, riot, turmoil, labor disputes, earthquake, volcanic eruption, flood, tsunami, fire, blackout or other states of emergency.
(3) When there is a failure, etc., of the system providing the Service.
(4) Other cases where JTA has determined that temporary interruption is necessary for the operation of the Service.
(5) When its provision of the Service has become technically difficult or impossible.
2. When suspending or interrupting operation of the Service in accordance with the provisions of the preceding paragraph, JTA shall notify Users of the fact beforehand. However, this shall not apply in unavoidable emergency situations.
Article 17 User Prohibitions
1. Users must not engage in the following acts when using the Service.
(1) Acts which infringe on, or are likely to infringe on, any of the intellectual property rights or other rights, such as copyrights (including Articles 27 and 28 of the Copyright Act) of other Applicants, Users, third parties or JTA.
(2) Acts that infringe on, or are likely to infringe on, the assets or privacy of other Applicants, Users, third parties or JTA.
(3) In addition to (1) and (2) above, acts that cause, or are likely to cause, detriment or damage to other Applicants, Users, third parties or JTA.
(4) Acts allowing the transfer, succession or exercise, etc., of one’s rights and status as a User by another User or third party, etc. However, this shall not apply in the case of succession due to the death of the contracted party, if JTA is notified via the procedure and method separately specified by JTA, and accepts it in writing.
(5) Acts that which slander other Applicants, Users, third parties or JTA.
(6) Acts of unlawful collection and disclosure of information, etc., held by other Applicants, Users or third parties.
(7) Acts in violation of, or likely to be in violation of, public policy, or acts of provision of information in violation of public policy to other Users or third parties. (8) Criminal acts or acts that lead to, or are likely to lead to, criminal acts.
(9) Election campaigning, or similar acts, regardless of whether it is during an election period.
(10) Activities of a sexual, religious or political nature.
(11) Acts of unlawful use of the user ID and password.
(12) Acts of usage or provision of malicious programs, such as computer viruses, through the Service, or in connection with the Service.
(13) Other acts which are in violation of, or likely to be in violation of, the law.
(14) Other acts deemed to be inappropriate by JTA.
(15) Acts that allow other Applicants, Users, or third parties other than Applicants and Users, to use the Service, irrespective of the purpose.
2. In the event that JTA or a third party incurs damages due to a User committing any of the acts under the preceding paragraph, even if after the User has lost his or her user status, the User shall bear full legal liability and shall not cause any inconvenience to JTA.
Article 18 Copyright
1. All screens, information including voice capture and files provided to Applicants and Users through the Service remain the property of JTA or rights holders that have duly authorized JTA as an agent and can only be used via the method provided by the Service and are not to be used via any other method (including but not limited to duplication, distribution, transfer and automatic public transmission).
2. In the event that an Applicant or User breaches the provisions of this Article and a problem arises with a rights holder or third party, the Applicant or User shall resolve the issue at his or her responsibility and at his or her own expense and shall not cause any inconvenience to or damages to JTA.
Article 19 Disclaimer
1. JTA makes no guarantees with respect to the contents of the Service or the completeness, accuracy, reliability or usefulness of the information obtained by the User through the Service.
2. Except in cases provided for separately, JTA shall assume no liability for damages to Applicants, Users and third parties due to provision, delay, modification, interruption, cancellation, suspension, or abolition of the Service, loss or disappearance of information registered or
Article 20 Compensation for Damages
1. In the event that an Applicant or User causes damage to JTA due to a breach of these Terms of Use or unlawful conduct, JTA shall be able to seek appropriate compensation from said Applicant or User.
2. In the event that JTA is liable to pay compensation to User, in accordance with these Terms of Use, JTA’s amount of compensation in any case shall be up to a maximum amount equivalent to the fee paid by the Applicant or User for the product or service constituting the cause of the compensation claim, and JTA shall bear no further liability for damages. However, this shall not apply in cases where default is due to intention or gross negligence on the part of JTA is the cause.
3. In the event that an Applicant or User causes damage to a third party through the use of the Service, the Applicant or User shall resolve the issue on his or her own responsibility, and shall not cause JTA to assume any liability.
Article 21 Entrustment
1. JTA can, at its own discretion, entrust to a third party all or part of the business necessary for the provision of the Service or individual services to Applicants and Users.
2. With regard to the entrustment under the preceding paragraph, when disclosing Users’ personal information to said third party, if required for business reasons, JTA shall conclude an agreement with said third party regarding the handling of the personal information of Users.
Article 22 General
1. These terms shall be construed in accordance with the laws of Japan.
2. For any legal action or litigation procedure between JTA and a User, arising from or in relation to these terms, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
3. If it is determined that any of the provisions of these terms are invalid or unenforceable, the valid or enforceable parts of said provisions and the remaining provisions of these terms shall continue to be valid and enforceable.