Article 1 (Purpose)
- The Company and a User may enter into a separate agreement for the use of Services as agreed by the parties.
Article 2 (Definitions)
- “User” or “Users” mean a person or all persons registered with the Services;
- “User Information” means ID and password of Users; and
- “Devices” mean smartphones, tablets, computers, and other hardware, equipment or devices necessary for using the Services.
Article 3 (User Registration)
- If there is any change to the information registered by Users, Users must immediately change such registered information. The Company is not responsible for any damage that Users may incur due to inaccurate information registered in the Services.
- The Company may reject or cancel any registration made by a User at its sole discretion.
- Users are prohibited from permitting any third party to use their accounts on the Services, transfer, assign or pledge such accounts as collateral to any third party.
Article 4 (Services)
The Services that the Company provides to the Users consist of: (i) access to “Dentayori” platform; (ii) access to online materials or online learning video uploaded on the “Dentayori” platform; and (iii) access to offline and online events or webinars held by the Company or the Company jointly with other third party(ies) as co-collaborator(s).
Article 5 (Fees)
- Fees for the Services will be determined by the Company and will be informed on the event information or in the relevant registration form accessible on the Company’s platform or social medias.
- Users must pay for the fees based on the method designated by the Company before using the Services.
- Any online payment method (if such method is used by the Company) will be handled by a third party online payment service provider, not the Company. In such case, the Company will not be responsible for any error in such online payment process or system handled by such third party payment provider.
Article 6 (Management of User Information and Devices)
- Users must prepare their necessary Devices for using the Services at their own expense. Users must bear all other costs necessary for using the Services, including internet data connection.
- Users must manage their User Information and Devices. Users are responsible for any damage to their Devices, including any damage arising from mis-management of User Information or Devices, errors in using the Services, and use of Services by any third party. The Company will not be responsible for any such damage unless it is caused by the Company’s negligence or willful misconduct.
- Users must immediately inform the Company and follow the Company’s instructions if there is any indication of third party’s use of Users’ Information or Devices.
Article 7 (Conditions for Providing the Services)
The Company may suspend or change the Services without notifying Users of such suspension or change for any reason, including due to maintenance.
Article 8 (Intellectual Property Rights)
- Users may not use, reproduce, publicly transmit, or modify any information or contents provided in the Services (collectively, “Company Contents”) beyond the scope of “private use” as stipulated in the Copyright Act of Japan.
- All intellectual property rights, including copyrights, patents, utility model registrations, trademark rights, design rights, and rights to make registrations based on such former rights (collectively “Intellectual Property Rights”) relating to the Services, belong to the Company or to the licensors granting licenses to the Company (if any). Users must not create any derivative work of the Company Contents, including reproducing, distributing, reprinting, transmitting, publicly transmitting, modifying, or adapting the Company Contents.
- If Users breach any provision of this Article 8 and cause any damage to the Company, such Users must resolve such damage at their sole cost and expense and take the appropriate measures to hold the Company harmless from any disadvantage, burden or damage.
- Users must not exercise their authors’ personal rights (including rights to make a work public, rights to indicate a name, and rights to preserve integrity) concerning any part or all of their posted contents, which might potentially be a copyright work, against the Company, any third party which duly obtains relevant rights from the Company, or any person which succeeds such rights from such third party.
Article 9 (Prohibited Acts)
- Regarding the use of the Services, Users shall not commit any of the following actions:
- violate or potentially violating proprietary and personal rights, including Intellectual Property Rights of the Company or any third party including a licensor granting a license to the Company;
- unlawful actions that damage or may damage the honor, right, or credit of a person;
- acts that breach any rules including laws, regulations, and municipal ordinances;
- acts that damage or may damage any public policy, and provide other Users or any third party with information which may damage any public policy;
- provide false information or identity;
- acts that prevent or may potentially prevent the Services or the Company’s platform from its normal operation, including unlawful access to the Company’s systems, or that falsify program codes, falsify location information, cheat using any specific Devices, programs, tools and applications, and spread any computer virus or any similar actions that may potentially damage the system or platform of the Company or function and access to the Services;
- acts that damage or may damage the credibility of the Services;
- use other Users’ accounts or unlawful access to other Users’ accounts;
- fraud and illegal purchase of a bank account or a portable phone;
- criminal acts, and any acts which lead to criminal actions, acts of terrorism, or any similar actions; or
- any other acts which the Company deems inappropriate.
- If the Users conduct any of the items stated in (a) to (l) above, the Company may take any or all of the following measures, without notifying such Users in advance:
- limit usage of the Services;
- terminate any agreements with Users and unsubscribe such Users from the Services; and
- any other measures which the Company reasonably deems necessary.
Article 10 (Termination)
- The Company may unilaterally terminate any agreements with Users, or unsubscribe them, by giving prior notifications to such Users, if any of the following occurs:
- if information registered by Users contains false information;
- if a User or Users have been removed from the Services before;
- if a User is deceased;
- if a minor uses the Services without the consent of the minor’s legal representative;
- if an adult under guardianship, a person under curatorship, or a person under other similar assistance uses the Services without the consent of his or her adult guardian, curator or assistant;
- if Users do not respond to the Company’s request promptly;
- if Users are, or they have a relationship with, whether directly or indirectly, a gang, a gang member, an individual that left a gang within the last 5 years, a quasi-member of a gang, a gang affiliate or group, soukaiya, a blackmailer camouflaged as a social movement activist, a special intelligent violent group, or any other groups or persons similar to any of the above; or
- if the Company deems it necessary to unsubscribe the Users from accessing the Services.
- If any agreement or Services with a User is terminated as a result of the above, all the obligations of such User will be removed from the Services and Users may not demand any refund of the fees paid by the Users to the Company.
Article 11 (No Guarantee and Disclaimer)
- The Company does not make any guarantee that contents of the Services are complete, accurate, or valid and the Company does not guarantee that the Services will not be interrupted, stopped, or undergo any other failure.
- Users must use the Services within the scope permitted by all applicable laws and regulations. The Company will not be responsible for any breach of laws or regulations of any country, including Japan and Indonesia, by Users.
- The Company will not be responsible for any damage caused by loss of User Information due to unforeseen acts, including unlawful access by any third party.
- The Company will not be responsible for any non-performance of a part or all of obligations under the Services due to force majeure events beyond the Company’s control, including an act of God, fire, labor strike, trade suspension, war, civil war, and outbreak of an infectious disease.
Article 12 (Damages)
- Any compensation for damages to a User regarding the use of Services shall not exceed the total fees for the Services paid by such Users on the day prior to when such damages occur, unless such damages are caused by the Company’s willful misconduct or gross negligence.
Article 13 (Elimination of the Services)
The Company may eliminate certain Services or functions at its sole and reasonable discretion. In such case, the Company will refund the fees paid by the Users for unable to access such Services.
Article 14 (Confidentiality)
- Users and the Company must strictly and appropriately manage any confidential information (including know-how of the Services, information of the Company’s systems, and any technical or business confidential information) of the other party, and must not disclose, provide or divulge such confidential information to any third party (including the Company’s affiliates and contractors) without the prior written consent of the other party.
- The following items shall not be considered Confidential Information:
- any information that the receiving party already has in its possession at the time of disclosure;
- any information that is publicly known at the time of disclosure or becomes publicly known by no fault of the receiving party after such disclosure;
- any information lawfully obtained from a third party after the disclosure by the disclosing party;
- any information developed or created independently of disclosed Confidential Information; and
- any information required to disclose by law or pursuant to a court order.
- Upon a party’s request the other party must return confidential information to such requesting party, or destroy confidential information, without delay in accordance with such requesting party’s instructions and must not use such confidential information thereafter.
- If the Company discloses Users’ confidential information to an affiliate or an out-sourcee of the Company with the consent of such Users, the Company will not be responsible for the handling of such confidential information by such affiliate or out-sourcee.
Article 15 (Inquiry)
- The Company is not obliged to explain the reason for not answering any specific inquiries from a User.
Article 16 (Non-Assignment)
Article 17 (Personal Information)
Article 18 (Severability)
Article 19 (Measures against Breach)
Article 20 (Term)
Article 21 (Amendment)
- Notwithstanding paragraph 1 and 2 of this Article 21, Users will be deemed to have agreed to such amendment if Users do not cease the use of Services or do not terminate any agreements with the Company upon receiving such notification from the Company.
Article 22 (Governing Law)
Article 23 (Jurisdiction)
Any dispute between Users and the Company will be adjudicated in Tokyo District Court.
Article 24 (Miscellaneous)
Published and effective on April 1st, 2022