Terms of Service
- First Edition:
-
December 26, 2023
- Consent to the Terms of Service
- The Terms of Service apply to the "English Language Program" offered by Real Blue Technologies Inc. (hereinafter referred to as the "company"), using the websites at the "english-language-program.com" and "english-language-program.thinkific.com" domains (hereinafter referred to as the "service"), describe the terms and conditions including information, announcements, invitations to participate, course materials, graphics, photographs, audio, video, and other related data (hereinafter referred to as the "content"), and functions provided by the service.
- Users and students of the services (hereinafter referred to as "users") are requested to read the following terms and conditions of use carefully and use the service only after agreeing to them. If you do not agree to them, please do not use the service. If you use the service, you will be deemed to have agreed to all of the following terms and conditions.
- In addition, please read carefully and agree to the Privacy Policy separately stipulated in the website of this service.
- Definitions of Terminology
- There are two types of courses: "Recorded Course" and "Live Course":
- "Recorded Course" is a service that provides students with an online learning platform to study English through recorded lessons that can be taken in one-month increments.
- "Live Course" is a service that provides students with an online learning platform to take part in live lessons in an online format using a videoconferencing system based on the class schedule and interact with the instructor during the semester.
- "Course Page" means a web page created by the company on the service that describes the contents of a course.
- "Student" means a person who has applied to take a course on the service and the company has accepted such application.
- Scope of Application of the Terms of Service
- The Terms of Service apply to the contents and functions provided by the service, and do not apply to the use of websites, products, or services operated by other companies or third-party organizations.
- In order to provide users with a variety of contents, the service may introduce links to the websites of other companies or third-party organizations. However, the Terms of Service do not apply to the linked websites. When accessing the websites of other companies or third parties or using their products, services, or features, you shall review their own Terms of Service.
- Amendment of the Terms of Service
- The company may add to or update the Terms of Service from time to time without the consent of users in any of the following cases. The date of update will be indicated at the end of the text.
- If it is consistent with the general interests of the users
- When the amendment is reasonable and not contrary to the purpose of the agreement
- When adding or updating the Terms of Service in accordance with the preceding paragraph, the effective date shall be specified and publicized by posting on our website or by other appropriate means.
- In the event of additions or updates that do not meet the requirements of the preceding two paragraphs, your continued access to or use of the service after such amendments will be deemed to constitute your agreement to such amendments.
- Who Can Use the Service
- In order to develop an environment where all users can browse contents and use contents safely and with peace of mind, users must agree to the following rules when using the service.
- Users under the age of 18 may use the service only with the consent of a parent or legal guardian or legal representative. If it is confirmed that a user is using the Service without the consent of a guardian or legal representative, the use of the service may be suspended or other necessary measures may be taken.
- Users agree to comply with the Terms of Service and all applicable laws, rules and regulations in their users’ countries or regions.
- If you are accepting the Terms of Service and using the service on behalf of a particular company, organization, government or other legal entity, you represent and warrant that you have the authority to do so and to legally bind such entity to the Terms of Service. In such case, users in the Terms of Service shall include such entity.
- Users also agree that any use of or reliance on any content obtained through the service is at your own risk.
- Users also understand that by using the service, you may be exposed to content that is offensive, harmful, inaccurate, or inappropriate, or in some cases, misrepresentative or otherwise deceptive.
- Users also agree not to misuse the service by interfering with the service or by accessing the service through any means other than the interfaces and procedures provided by us.
- Users further agree that in accessing or using the service, users shall not conduct the following:
- Offending public order and morals or laws and regulations
- Leading to criminal activity
- Infringing on the privacy of others, and violating the company's Privacy Policy as separately stipulated
- Violating copyrights, portrait rights, fair use, and other related laws
- Using the service or content provided by the company for commercial purposes
- Using the service for commercial purposes (including website referrals)
- Accessing, tampering with, or using the service, our computer systems, or non-public parts of our company
- Searching, scanning or testing for system or network vulnerabilities, or breaching or circumventing security or authentication methods
- Accessing or exploring, or attempting to access or explore, the services by any means other than the company's currently available public interface (whether or not an automated program) provided by the company
- Forging TCP/IP packet headers or portions of header information in emails or postings, or using the service to send altered, fraudulent or disguised source information by any means
- Interfering with or blocking (or attempting to interfere with) access to users, hosts or networks (including sending viruses to the service, overloading, flooding, spamming, mass-mailing, or otherwise interfering with or overloading the service) (including scripting the creation of content in a manner that interferes with or overloads the service)
- Interfering with another user's use of or access to the service or any portion thereof
- Any other conducts, including but not limited to the above, that the company deems inappropriate for the service.
- Attribution of Copyrights, etc.
- The copyrights (including the rights stipulated in Article 27 and Article 28 of the Japanese Copyright Act) and other intellectual property rights (collectively, "Copyrights, etc.") shall belong to the company unless otherwise agreed in writing between the company and the users.
- The company grants students the right to use (including but not limited to displaying on the Services) the content in the services without any compensation during the effective term of the agreement. The company grants students the right to use the company's content in the service (including but not limited to display in the service) at free of charge during the effective term of the agreement.
- Except for copyrights, etc. listed in Paragraph 1, copyrights, etc. related to programs, software, and all information, etc. used or provided by the company in connection with the service shall belong to the company or to the right holders who have authorized the company to use them, and users shall not use these copyrights, etc. without the company's prior written consent. Users shall not reproduce, transfer, lend, modify, or publicly transmit such information, etc. without the prior written consent of the company, and shall not use such copyrights, etc. for any purpose other than the use of the service.
- Membership Registration
- When users wish to use the service, users shall read the Terms of Service carefully, agree to the contents of the Terms of Service, fill out the required information accurately, truthfully, and up-to-date (hereinafter referred to as "registration information") on the registration form prescribed by the company, and apply for the service.
- Users shall notify the company of any changes to their registration information in the manner prescribed by the company.
- The company shall not be liable for any loss or damage incurred by a user due to failure to notify the company of any of the preceding paragraphs.
- Purchase of a Course
- When a user wishes to purchase a course, the user shall confirm the Terms of Service, notices from our Company, and other conditions of purchase, and upon agreeing to all of them, the user shall apply for the purchase of the course through the prescribed method of the Service.
- The contract for the sale of the course is concluded between the student and our company when the purchase completion screen is displayed.
- When a contract regarding the purchase of a course is concluded in accordance with the preceding paragraph, the student shall pay the full price of the course to the company in accordance with the method determined by the company.
- How to Access the Course and How to Contact Us
- Students who have purchased a course shall take the course using an Internet terminal in accordance with the requirements for holding the course stated on the course page. Students shall follow the method specified by the course.
- The company shall deem that a student has taken a course when he/she has used an Internet terminal to take a course.
- As for inquiries regarding courses (including, but not limited to, notifications of class attendance), students shall directly contact the instructor through the means specified on the course page.
- Registration and Cancellation of Recorded Courses
- Students may register for a recorded course at any time during the period the course is offered.
- To terminate / cancel a recorded course, the student must complete the cancellation request on the designated screen on the course page. Even after the cancellation procedure has been completed, the course page can be accessed until the day before the next renewal or billing date.
- For recorded courses, if the student does not request cancellation procedures, the contract will be automatically renewed in one-month increments based on the most recent contract signing date or renewal date. Please note that even if the cancellation procedure is requested during the term of the contract, the course fee for the unexpired period up to the day before the next contract renewal date will not be refunded.
- Recommendation to Contact the Instructor in Charge in Advance and to Tell Us About Yourself
- For students who are considering registering for the business communication, writing effectively, and Study Abroad courses, even if you intend to apply, we recommend that you contact the instructor in charge in advance using the form here and tell us about yourself in advance before applying for the course.
- If the instructor feels your English proficiency is below the level based on the responses to the questionnaire, the student may be asked to reapply for the course in the next semester or later.
- Registration, Cancellation, etc. for Live Courses
- You can sign up for live courses only during the registration period. Since class size is limited, if the class is full, you will have to sign up for the next session.
- If the minimum number of 7 students is not reached, the class may be canceled. The company is not liable for any damages due to the cancelation. Full tuition will be refunded.
- Students registering for Business Communication, Writing Effectively, and Study Abroad will be asked to complete the instructor's questionnaire before payment is received. A refund will be issued accordingly if your instructor feels your English proficiency is below the level.
- Students applying for Private Instruction, after payment of the course fee has been received, will be contacted by the instructor to customize the course to suit your needs. The curriculum will be designed according to your English level.
- For live courses, students can access the course page only during the semester specified by the company. Please note that students will not be able to access the course page after the semester has ended.
- Cancellation of / withdrawals from a live class can be made up to the day before the first class starts. Contact us at least one day before the first class starts, using the designated contact form on the course page, and include the following information. We will contact you within 5 business days regarding the response. If you are eligible for a refund, we will process the refund.
- Name of the course
- Name of the student registered on course page
- Email address of the registered student
- Reason for requesting cancellation or refund
- After the first class, there is no refund. If the instructor feels your English proficiency is below the level, you will receive a refund.
- If you are eligible for a refund, it can take up to 3 months for the credit card company to process it.
- Even if you are eligible for a refund, we may not be able to issue a refund in the following cases:
- When a single student repeatedly submits numerous refund requests
- Other cases where the company deems the refund request to be inappropriate
- If for some reason we are unable to refund your credit card, we will transfer the funds to your designated bank account after deducting bank transfer fees and credit card related fees. In such cases, the transfer may be made at the end of the month following the month in which the course is cancelled or not held.
- In the event that a course is cancelled in accordance with the law, etc. (including but not limited to the Japanese Consumer Contract Law and the Japanese Special Commercial Law), for courses that require the provision of services more than once, the company will process a refund after deducting the amount used based on the number of lessons held or the percentage of use.
- Students who wish to cancel a course based on the preceding paragraph must request cancellation by the method designated by the company.
- The company shall not assume any liability to students beyond the obligations stipulated in laws and regulations when a course is cancelled based on the preceding paragraph.
- Advertisements
- The company may distribute advertisements, including various mail magazines, to users, and users shall consent to receive such advertisements. However, users may set the company to refuse to receive mail magazines in a manner separately determined by the company.
- Restriction or Suspension of Use of the Service to Users
- In the event that users fall under any of the following categories, the company may suspend provision of the service (including, but not limited to, suspension of course purchases) without prior notice or demand to the relevant user:
- When the company recognizes that the user corresponds or is likely to correspond to the prohibited items specified in the aforementioned "Who Can Use the Service" section
- If the credit card company of the credit card used to purchase the course or the financial institution of the deposit account suspends the use of the credit card or deposit account
- If there is a seizure or disposition of arrears with regard to the user's assets
- If a petition for bankruptcy proceedings, corporate reorganization proceedings, civil rehabilitation proceedings, or special liquidation is filed, or if a third party files a petition for such proceedings
- When there is a disposition of suspension of transactions by a bill clearing house
- In the event of a judgment of commencement of guardianship with respect to an individual user
- In the event of an inquiry, etc. to us under the Code of Criminal Procedure, the Lawyers Act, or other laws and ordinances
- When there is a violation of laws, ordinances, notices, etc.
- If the user is found to fall under the category of antisocial forces (i.e., organized crime groups, companies affiliated with organized crime groups, general assemblymen, social movement advocacy groups, political activity advocacy groups, special intelligence groups, or members of such groups, as well as those who have close relationships with these groups or are similar thereto)
- Any other case in which the company deems the user to be inappropriate
- In the event of suspension of the service by the company pursuant to the preceding paragraph, the user shall forfeit the benefit of the term and shall immediately pay the full amount of the purchase price of the course and other obligations to the company incurred up to the said point in time in a lump sum in a manner determined by the company. The termination of the contract pursuant to this Article shall not preclude the company from exercising its right to claim damages against the user.
- Prohibition of Transfer of User Rights and Obligations
- Users may not dispose of their rights and obligations under the Terms of Service, etc., or their contractual position regarding the purchase of the course, in any way, including transferring, succeeding to, or offering as collateral to a third party. However, this shall not apply if otherwise stipulated in the Terms of Service, etc., or with the prior consent of the company.
- Accessing, Viewing, Storing, and Publishing Information Held by the Service
- The company reserves the right to access, view, store, and disclose, as necessary, any and all information that the company reasonably believes is necessary to respond to. The company will not disclose personally identifiable information to third parties except as provided in the Privacy Policy.
- Compliance with all applicable laws, regulations, legal process and governmental requests in the user's country or region
- Investigating suspected violations of the Terms of Service as set forth herein
- Detecting, preventing, or otherwise addressing abuse, security, or technical problems
- Responding to requests from users
- Protecting the rights, property, or safety of the company, its users, or society as a whole
- Termination of Provision of All or Part of the Service
- The company may terminate provision of all or part of the service when it becomes commercially difficult for the company to provide the service to users, students and others.
- In such circumstances, the company will, depending on the circumstances, send a notice to the students’ and/or users’ e-mail addresses or make reasonable efforts to notify them the next time they attempts to access the service.
- Disclaimer
- The company aims to provide the best possible goods and products/services and features. However, the service is provided on an "AS IS" basis, and the company does not warrant that the service will always be secure, reliable, or error-free, or that it will function without interruption, delay, or failure. To the fullest extent permitted by law, the company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. This includes implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- The company cannot predict when problems may arise with our goods, products/services, or functions. For this reason, the company’s liability shall be limited to the maximum extent permitted by applicable law. Under no circumstances shall the company be liable for any lost profits, revenue, information or data, or any consequential, special, indirect, punitive or incidental damages arising out of or in connection with this Terms of Service or our goods, products or services, even if the company has been advised of the possibility of such damages. The company shall not be liable for any damages whatsoever, even if the company has been advised of the possibility of such damages.
- The company does not endorse, support, represent, or guarantee the completeness, truth, accuracy, or reliability of any content or communication posted through the service, nor does the company endorse any opinions expressed through the service. The service does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or any opinion expressed through the service. Neither the company nor its information providers shall be liable for the accuracy, adequacy, or completeness of such information. Neither the company nor its information providers shall be liable for any damages allegedly incurred by users based on such information.
- The company may provide links to external websites from the information and contents of the service. The linked websites are not managed or operated by the company. The company and its information providers are not responsible for the reliability of all information and content of such websites.
- The company further reserves the right to discontinue all or part of the service in the following cases. The company shall not be liable for any damages incurred by users as a result of the discontinuation of the service.
- System maintenance
- When the company deems it difficult to provide the service due to natural disasters or sabotage from third parties
- When the company deems it necessary to suspend the system due to other unavoidable reasons
- When a user or a student is unable to use all or part of the services on our website due to a failure of telecommunications carriers, data centers, etc.
- When a user or a student is unable to use our website due to the version of the terminal or browser being used
- Compensation for Damages
- In the event that a user or a student violates the provisions of these Terms of Servies, etc. and causes damage to the company, other users, students, teachers, or other third parties, the user or the student shall compensate for such damage.
- In the event that the company causes damage to the user in relation to the provision of the service, the company shall compensate the user for direct and ordinary damages incurred by the user up to the purchase price of the course paid by the user to the company in the six months immediately preceding the time the damage occurred. However, if the damage was caused by the company's willful misconduct or gross negligence, or if otherwise provided for in laws and regulations, the above provision regarding the upper limit of compensation shall not apply.
- Compliance Items Concerning Third Party Damage
- In the event that a user or a student causes damage to a third party in relation to the use of the service, the user or the student shall compensate for such damage at the user's or the student’s own responsibility and expense, or resolve the dispute with the third party, and shall not cause any trouble to the company.
- Governing Law and Court of Jurisdiction
- Unless otherwise provided herein, the use of the service and the interpretation and application of the Terms of Service shall be governed by and construed in accordance with the laws of Japan. All disputes arising out of or relating to the use of the service shall be subject to the exclusive jurisdiction of the Nagasaki District Court in Japan.
- Contact Us
- The company welcomes comments from users or students regarding our products, products/services, and features. However, please be aware that the company may use them without any restrictions or obligation to pay any rewards, and that the company is under no obligation to maintain their confidentiality.
- If you have any comments, suggestions, or requests for this service, or suggestions for improvement, please use the company’s contact form to contact us.
- End of the Terms of Service