Parrots Kun Eikaiwa Terms and Conditions of Use
Nihon Hoshoku Co., Ltd. (hereinafter known as "the First Party") sets forth these Terms and Conditions for users or people who wish to become users (hereinafter referred to as "the Second Party") of all the services supplied by the site operated by the First Party (hereinafter referred to as "the Services") which is known as Parrots Kun Eikaiwa (hereinafter referred to as "the School").
Furthermore, in using the Services, the Second Party is deemed to have agreed unconditionally with the contents of these Terms and Conditions.
Parrots Kun Eikaiwa Terms and Conditions of Use
Article 1 (Scope of these Terms and Conditions)
1. The scope of these Terms and Conditions reaches the Services stipulated on the School's website (hereinafter referred to as "the Website").
2. The scope of these Terms and Conditions has been valid from the time when the Second Party applied at the first time to when the Second Party will cancel membership. However, Article 14 and 16 will be valid after the Second Party completes cancellation of membership.
3. The First Party sends information and services or registration procedure to the Second Party via e-mail or other means of communication transmission.
Article 2 (Member Registration at the School)
1. The Second Party shall register as a member of the School in accordance to procedures stipulated by the First Party.
2. In registering as a member with the School, the Second Party agrees to do the following:
(1) Read these Terms and Conditions carefully and agree to its contents before registering as a member with the School.
(2) Register truthful and accurate information including name, e-mail address, password, and other data items. The Second Party shall also take responsibility to store and strictly safeguard this registered information.
(3) In case the Second Party is below 20 years old, the Second Party must obtain consent from his legal representative, such as someone with parental authority (guardian) before availing of the Services.
(4) Acknowledge that members are registered only as individuals; the Second Party shall not register as a member on behalf of a company or other organizations. Furthermore, membership rights cannot be shared with others (including family members).
(5) Install Skype.
(6) Verify that their communication environment will not hinder their use of the Services.
(7) Acknowledge that the First Party shall display the Second Party's registered Skype name on the School's reservation page for the purpose of providing a lesson.
(8) Second Party, with Ticket Plans; will be required to confirm the Skype ID or main contact ID registered in the account in order to take Group Lessons.
3. The Second Party's membership registration with the School is deemed to have been completed upon notification via e-mail from the First Party in relation to the registration process defined in the preceding clause. However, the First Party may limit use of the Services until payment of the Second Party's fee has been confirmed.
4. Even though the Second Party doesn't take a trial lesson before becomes our paid member, the Second Party cannot take it anymore after the payment was confirmed.
5. These Terms and Conditions is applied even though anyone who is committed by the Second Party and permitted by the First Party substitutes to do our registration process. However, all of or part of Article 3, from Clause 2 to Clause 5, is not applied when in registration for the First Party's member.
Article 3 (Usage Fees and Payment Methods)
1. The First Party can charge the fee (hereinafter referred to as "the Application Fee") for the Services to the Second Party pursuantly the First Party's price plan.
2. The Second Party must follow the way of payment which First Party provides.
3. The Second Party must cover bank charge, when the Second Party pays into the First Party's bank account.
4. The payment by PayPal is enforced automatically every month.
5. The Second Party must accept that the First Party prevents the Second Party from taking the Services, when the First Party is not able to confirm the Second Party's payment. Furthermore, the First Party does not have any responsibilities about damages which were caused by late payment.
6. The Second Party must cover for other fees.
Article 4 (Service Regulations)
1. The Second Party is deemed to have agreed beforehand with each of the following service regulations, and shall abide by them
(1) Once the Second Party has made a payment for Silver Plan and Gold Plan via PayPal automatic payment, and as long as they have not followed a cancellation procedure for use of the Services, it will be deemed that the Second Party wishes to continue using the Services and their user registration shall be renewed continuously based on the same fee, on expiration of the validity of their membership, which is one month after their original payment date. However, the Second Party who has any Ticket Plans will be deemed as inactive account after the expiration day.
(2) If the Second Party wishes to renew his/her Plan (Silver Plan or Gold Plan), the Second Party must contact the First Party for payment and account adjustments. Account Payments via PayPal are by default set to Automatic Payment.
(3) The First Party keeps the Second Part's information gotten from lessons to provide consistent services with the Second Party.
(4) The Second Party's individual information would be contained the information in the preceding clause.
(5) The First Party would use the Second Party's information gotten in (3) and (4) only for the purposes of providing the Services.
(6) The First Party supervises services to provide the appropriate services with the Second Party. The Second Party is deemed to have agreed that possibly the First Party supervises the Second Party.
2. Second party agrees and acknowledges the guidelines enumerated in subsection 1 to 14 below for service satisfaction
(1) The Second Party is able to take 25 minutes lesson per lesson.
(2) Second Party, can take lessons equivalent to the Plan they signed up for; 25 minutes a day for Silver Plan, and 50 minutes a day for Gold Plan, and 25 minutes per Ticket for Ticket Plans.
(3) The schedule of registering lesson procedure and the date of enforcing lesson are based on Japanese time.
(4) The Second Party conducts to registering lesson procedure by itself pursuant the way which the First Party sets.
(5) The Second Party must have fulfilled registering lesson procedure from one week in the past to 30 minutes before of a lesson.
(6) The Second Party is not able to alter the registered lessons. If want, must cancel first and conduct registration procedure again.
(7) If the Second Party wishes to cancel the registered lessons, the Second Party itself fulfills to cancel before one hour of a lesson.
(8) If the Second Party had not been able to take the registered lesson due to troubles which is not on the Second Party, the Second Party is able to take another teacher's lesson or same teacher's lesson but in another day. However, if troubles are caused on the Second Party and the Second Party had not been able to take the registered lessons, the First Party doesn't issue alternative lessons.
(9) The Second Party is able to consume alternative lessons without the limitation of the lesson in a day written on (2).
(10) The Validity of alternative lessons is within one week from the cancelled lesson.
(11) If the registered lesson had been cancelled due to troubles which are not on the Second Party, the First Party contact with the Second Party via e-mail and so on. However, when the registered lesson cancellation is conducted before the day of the lessons, the First Party doesn't issue alternative lessons.
(12) If the Second Party is late more than 11 minutes, the Second Party is deemed not to wish to take the registered lesson and be absent. Furthermore, the First Party doesn't provide the rest time of the lesson with the Second Party.
(13) The First Party never refunds or gives alternative lessons for lessons which the Second Party is not able to attend.
(14) If the registered lesson had been late due to any troubles which are not on the Second Party, the registered lesson is extended as much as the registered lesson is late to start.
3. The Second Party is able to use the First Party's customer service (hereinafter referred to as "the Customer Service") services after confirming (1) to (5) below.
(1) The Second Party is able to contact with the Customer Service via e-mail, Skype call and chat about the Services.
(2) The Languages of the Customer Service are Japanese and English.
(3) Japanese and Filipino customer service meet the Second Party's needs via Skype.
(4) The reply from the Customer Service is up to three days after receiving the Second Party's needs. However, the reply from the Customer Service takes longer pursuant the situation and details.
(5) The First Party possibly inquires the Second Party to submit the history of e-mail which the Second Party had sent to the First Party or Skype call.
Article 5 (Service Provision Period)
1. Based on Article 2, Clause 2 of these Terms and Conditions, the Second Party may start using the Services from the day the First Party approves the Second Party's registration for using the Services.
2. The Second Party may stop using the Services as stipulated in Article 3, Clause 5 and Article 9 of these Terms and Conditions.
3. If the use of the Services is stopped due to reasons stipulated in Article 9, then the date for stopping the use of the Services is defined as the day when the First Party notifies the Second Party to this effect.
4. If the use of services is stopped due to other reasons with Clause 3, then the date for stopping the use of the Services is defined as the day when the Second Party receives the notice e-mail about fulfilling withdrawal procedure from the First Party.
Article 6 (Service Suspension/Termination)
1. The First Party may notify the Second Party, via the Website or e-mail, of interruption or termination of the Services, prior to or after the fact.
2. The First Party may suspend the Services when their provision is made difficult due to reasons not attributable to the First Party such as issues with Skype, political situations at national or international levels, natural disasters, etc.
3. The First Party may not be able to supply the Services or may offer considerable reduced number of lessons compared to normal, during national holidays in the Philippines (Holy Week, Christmas, etc.).
4. The First Party may notify the Second Party beforehand of service interruptions, or reduced number of lessons due to national holidays in the Philippines, via the Website or e-mail.
Article 7 (Suspension/Reinstatement/Cancellation of Membership)
1. If the Second Party wishes to suspend, reinstate or cancel membership due to the Second party's matter after the Second Party receives a notification about completing registration via e-mail, the Second Party is deemed to confirm (1) to (6) below.
(1) If the Second Party wishes to suspend or cancel membership, the Second Party must petition suspension or cancellation of membership to the First Party on the usage period or more than 10 days before the previous day of PayPal settlement day.
(2) The Second Party may cancel their membership by following set cancellation procedures. The Second Party should fill in the necessary data items in a designated cancellation form, which should then be sent to the First Party. The First Party shall then acknowledge completion of their petition by way of notification via e-mail. When the Second Party receives such a notification then the petition of the cancellation is deemed to be complete.
(3) The First Party shall conduct the procedure of withdrawal within one month from the expiration date. By canceling their membership, the Second Party loses all rights in relation to the Services and shall not be able to make any claim whatsoever from the First Party.
(4) If the Second Party paid the payment via PayPal on "My Page", cancellation of this automatic payment must be conducted by the Second Party itself. If the First Party is not able to confirm the cancellation procedure of the automatic payment, the Second Party is deemed to wish to continue usage of services. The First Party continues to provide the Services with the Second Party. However, if the First Party is not able to confirm the completed cancellation procedure of PayPal automatic payment by the Second Party after second PayPal automatic settlement since the First Party receives the Second Party's petition of withdrawal member, and if the First Party is not able to confirm reservation of lessons and lesson history by the Second Party for more than one month before second PayPal automatic settlement, the Second Party is deemed not to wish to continue to accept the Services and the First Party substitutes to conduct the cancellation of PayPal automatic settlement procedure. In the case ahead, the First Party never meets any requests related to refund and compensation which are caused by the Second Party.
(5) If the Second Party selects how to pay payment aside from PayPal automatic settlement, and the First Party doesn't receive any notifications of cancellation of membership from the Second Party, the day when the usage of services is completed is deemed to be the exact day of suspension of membership. Furthermore, if the Second Party which applies to any Tickets Plans uses PayPal settlement as the way of payment but the First Party is not able to confirm the next payment, the day when the usage of services is completed is deemed to be the exact day of suspension of membership.
(6) If the Second Party wishes reinstatement when in suspension, the Second Party must petition the First Party via e-mail about reinstatement prior to 10 days of the date when the Second Party wishes to be reinstatement.
2. After cancellation of their membership, if the Second Party wishes to register for using the Services again, they need to follow the registration procedure once more.
3. In the case of a preceding clause, all of what the Second Party possessed in the last time of membership are not taken over.
Article 8 (Refusal/Change/Cancellation of Registration)
1. If the Second Party wishes to cancel or change the Services due to the Second Party's matter after receiving a confirmation e-mail of payment, the Second Party is deemed to confirm (1) to (4) below.
(1) The petition of cancellation or change of registration is accepted only within the First Party's business hour. If the petition of cancellation or change registration is out of the First Party's business hour, that will be accepted in a next business day.
(2) If the Second Party shows the intention to cancellation of registration pursuant previous Articles within 8 days from the day when the Second Party received a notification about "confirmation payment" and the Second Party shows the intention of refund, the Second Party which applies to Silver or Gold Plan must pay higher cancellation fee in either to pay 1000 yen as cancellation fee from the payment which the Second Party paid as the Application Fee or the fee which is calculated by the following way:
① Case of Silver Plan
205 yen (price of a lesson) x Elapsed days = Cancellation fee
② Case of Gold Plan
159 yen (price of a lesson) x 2 x Elapsed days = Cancellation fee
① and ② are calculated with 31 days as a month, or if the cancellation fee is under 1000 yen, the cancellation fee is equally 1000 yen.
However, when it comes to apply Premium Plan, the Second Party must pay calculated cancellation fee pursuant "Notes: Application of a Premium Plan"
In addition, any Tickets Plans shall never be refunded in any cases.
(3) If the Second Party pays more than twice by same name or log-in ID, the First Party doesn't refund those amounts to the Second Party. However, when it comes to apply Premium Plan, if the Second Party pays more than twice, the First Party meets the request of refund. In the case above, the Second Party must pay calculated cancellation fee pursuant "Notes: Application of a Premium Plan".
(4) If the First Party meets the refund, the calculated amount will be put in to the bank account which the Second Party requests until the end of next month when the First Party receives required documents of refund procedure. In the case above, the Second Party must cover bank charge.
Article 9 (Cancellation of Contract)
1. The First Party may refuse registration or cancel a registration if the Second Party falls into one of (1) to (8) below. Furthermore, any payments already processed shall not be refunded.
(1) If the Second Party does not comply with these Terms and Conditions.
(2) If the Second Party does not actually exist.
(3) If the Second Party registers as a member pretending to be somebody else.
(4) If the Second Party has entered false, erroneous, or incomplete information during registration.
(5) If the Second Party is already registered as a trial member.
(6) If the designated bank account or credit card of the Second Party has been suspended, or is undergoing any other similar process.
(7) If the Second Party is a minor, adult ward, warrantee, or person with limited guardianship, and has not obtained prior consent from a guardian, legal guardian, etc. at the time of registration.
(8) If the First Party deems that the Second Party has acted inappropriately in relation to the Services for any other reason.
2. If the Second Party has made inappropriate use of the Services as defined preceding clause, the First Party shall claim 10000 yen from the Second Party for each instance of inappropriate use.
3. The liability above shall be applicable even after the Second Party's cancellation of membership.
Article 10 (Changes to Registered Information)
1. If there are any changes to the Second Party's registered information with the First Party, the Second Party shall follow the appropriate procedures without delay for changing said information.
2. The First Party shall take no responsibility whatsoever for any damage or inconvenience caused to the Second Party as a result of the Second Party's neglect to change said registered information.
Article 11 (Use of Skype)
1. The First Party uses Skype as its main tool to communicate and provide service to the Second Party. Thus, the latter agrees to the following in relation to the usage of Skype:
(1) The Second Party shall comply with all terms and conditions, as well as guidelines, stipulated by Skype.
(2) It is the Second Party's responsibility to download Skype and become acquainted with its functionality before using the Services.
(3) The First Party shall take no responsibility whatsoever for any fault or misconfiguration found on Skype, or any hardware required using the software, which causes the Second Party to be unable to use the Services.
(4) The First Party shall accept no responsibility whatsoever for any faults, or other issues, experienced in Skype's functionality after the start of a lesson.
(5) The Second Party shall open any files or URLs external to the School, which are sent to them by the teacher via the chat functionality on Skype, completely at their own risk. The First Party shall take no responsibility whatsoever for any damage caused by virus infections, etc. that may have been caused by any files or URLs sent by the teacher.
(6) The Skype name registered by the Second Party is shown to the teacher on the Services' reservations page for the purpose of providing the lessons.
For Group Lessons, the registered Skype ID on the account must be shared and available for use to all members who will join the same Group lessons.
The Second Party's registered Skype name, in accordance with the First Party's separately stipulated privacy policy, is out of scope in relation to the First Party's reasonable and necessary preventative measures for the protection and storage of personal information.
Article 12 (Change of Terms and Conditions)
The First Party may change, amend, or add new regulations to these Terms and Conditions without obtaining prior agreement from the Second Party.
Article 13 (Information Distribution)
1. The First Party may send the Second Party e-mails containing notifications, advertisements, surveys, etc.
2. The Second Party has agreed to receive what the First Party shall send via e-mail and so on, before the Second Party completes registration of membership.
Article 14 (Handling of Registered Information)
1. The First Party manages the Second Party's registered information in accordance with the Privacy Policy stipulated separately by the First Party. However, the First Party may supply/disclose the Second Party's registered information to third parties in the cases shown below:
(1) With consent from the Second Party.
(2) When the First Party is required to disclose said information by public organizations based on regulations stipulated by the law, etc.
(3) When publishing Skype names and nicknames registered using alphabet characters on the Services' reservations page, etc.
2. The Second Party handles and stores registered information under strict control.
3. The Second Party is deemed to be responsible for any damages caused by any lapse in memory, loss, or inappropriate management of registered information by the Second Party, with no responsibility whatsoever being borne by the First Party.
4. If the Second Party finds out that their own registered information has been misused by a third party, the Second Party must notify the First Party straight away in this regard and follow their instructions.
Article 15 (Obligation for Damages)
If the Second Party is cased in any damage which is not related to the First Party by providing the Services, the First Party shall take no responsibility whatsoever for any damage.
Article 16 (Prohibited Conduct)
1. The Second Party must not exhibit or be in danger of exhibiting the following forms of conduct when using the Services:
(1) Transferring, allowing use, selling, changing the name, pledging or offering as collateral to others the rights of the Second Party to use the Services.
(2) Infringing on the First Party's copyright, patent rights, utility model rights, design rights, trademark rights, image rights, portrait rights, publicity rights or privacy rights.
(3) Slanderous, abusive behavior and other behaviors that can damage the reputation and credibility of other users of the Services or the First Party (including the School and the School's staff) and a threatening act, obscenity and indecency, immorality, insult, and the act that gives a feeling of repulsion.
(4) Behavior that causes other users of the Services or the First Party (including the School and the School's staff) to suffer disadvantages or financial/emotional damages.
(5) Behavior that is illegal or goes against order and morals in your native country and the Philippines.
(6) Criminal behavior or other behaviors which are connected to criminal acts in your native country and Philippines.
(7) Encouraging or promoting illegal acts in other users of the Services or the First Party (including the School and the School's staff).
(8) Participating in electoral campaigns, religious activities, or related behaviors thereof.
(9) Behavior that hinders the operation of the Services.
(10) Harassing or antisocial behavior against the School's staff, teachers, or any harassing behavior that hinders the progress of a lesson.
(11) Using the Services as a business, for commercial purposes, or for preparations thereof.
(12) Behavior that generates business trade or financial benefit among other users of the Services.
(13) Any attempt to make personal contact outside of the Services with other users whom the Second Party has met through the Services.
(14) Sending false information.
(15) Using the Services to publish, disclose, supply, or send information to others, which can be linked to discrimination or considered to be questionable from an ethical point of view.
(16) Inquiring into confidential information that is generally undisclosed by the First Party such as a teacher's employment conditions, the location of the School, the Internet connection, etc.
(17) Any attempt to make personal contact directly, or via proxy, with a teacher via e-mail, whether using online or offline methods.
(18) Encouraging teachers to work for services/companies that are in competition with the First Party.
(19) The behavior in which the Second Party gives money or goods to teachers.
(20) Using one account between multiple members.
(21) Participating in a lesson by holding multiple accounts, using one account to book a lesson, then canceling it, then re-booking the same lesson straight after using another account.
(22) Any other behavior is considered inappropriate by the First Party.
2. If the Second Party exhibits any behavior defined in Items (9) to (11) and (16) to (19) of the preceding clause, and this behavior has been the primary cause of situations such as the ones listed below, then the Second Party shall pay the First Party compensation amounting to one million yen per affected teacher, and this liability shall be applicable even after the Second Party's cancellation of membership.
(1) The teacher has ceased to continue working for the First Party.
(2) The teacher has started working for a service/company that is in competition with the First Party.
3. The Second Party's penalty of mandatory payment for violation in the previous Clause will never determine after the Second Party withdraws membership.
4. If the Second Party exhibits any behavior defined in Clause 1 of this Article, and as a consequence the First Party sustains some damages, the Second Party shall be liable to pay compensation to the First Party.
5. If the First Party deems that the Second Party has exhibited or is in danger of exhibiting any behavior defined in Clause 1 of this Article, the First Party shall delete any material related to the behavior (produced works, opinions, etc.) without any prior notice or agreement from the Second Party, and may also restrict their rights.
6. If the First Party deems that the Second Party has exhibited any behavior defined in this Article, and which is considered to be serious and malicious, the First Party shall forcibly cancel their membership without any prior notice or agreement from the Second Party, and may also prohibit their future use of the Services.
7. In the case of the preceding clause, the First Party never meets to refund the money which the Second Party already paid.
Article 17 (Limitation of Liability)
The Second Party agrees that the First Party shall not be liable for any damages caused by or in relation to the reasons defined below:
(1) The use or inability to use the Services.
(2) Any sending of information, as well as any unauthorized access or changes to data of the Second Party.
(3) Any verbal or written communication, as well as behavior by a third party during the use of the Services.
(4) The learning effects, etc. in using the Services.
(5) Any damages caused by information conveyed by the Second Party during the lessons.
(6) Any damages for which the Second Party is not able to take the Services because of the Second Party's matter.
(7) Any inconveniences of the lesson schedule which the Second Party registered due to the First Party and teachers' matter. However, if the First Party is not able to provide the number of contracted lessons, the Second Party will get the same number of alternative lessons.
(8) Any damages of materials which are used in a lesson, such as broken PC, Headset and textbook, etc.
(9) In the following circumstances when using the Services, even if the Second Party has not been able to make satisfactory use of the Services:
1) When not enough lessons are provided due to a sudden decrease in lesson availability, caused by a sudden increase in student numbers or communication issues in the Philippines.
2) When the Second Party cannot book a lesson for their desired time slots.
3) When the Second Party cannot book a lesson with a particular teacher.
4) When it has been unavoidable to suspend a lesson due to power outages or communication issues experienced in the Philippines.
Article 18 (Copyright/Ownership)
Copyright and ownership rights of all trademarks, logomarks and published information in relation to the Services belong to the First Party. The First Party prohibits the Second Party from using any of these without permission.
Article 19 (Governing Law/Exclusive Jurisdiction Court)
These Terms and Conditions is governed by and interpreted under the laws of Japan. Furthermore, any disputes that arise between The First Party and the Second Party in relation to the Services or these Terms and Conditions shall come under the jurisdiction of the Asahikawa District Court as exclusive court of first instance.
Article 20 (The Date of Issue)
These Terms and Conditions are valid as of September 1st, 2011.
Updated: November 12th, 2011
Updated: January 29th, 2012
Updated: November 5th, 2014
Updated: September 24th, 2018
Updated: October 1st, 2019
Updated: June 22th, 2020
