Terms of Use – Evakona Education

These Terms of Use (the “Terms”) set forth the conditions for use of the services (the “Service”) provided on this website by Evakona Education (the “Company”). Registered users (the “Users”) shall use the Service in accordance with these Terms.

Article 1 (Scope)

These Terms shall apply to all relationships between Users and the Company in connection with the use of the Service.

In addition to these Terms, the Company may establish rules and other provisions regarding the use of the Service (collectively, “Individual Provisions”). Regardless of their name, such Individual Provisions shall constitute part of these Terms.

In the event of any inconsistency between these Terms and any Individual Provisions, the Individual Provisions shall prevail unless otherwise specified therein.

Article 2 (Registration)

Registration for the Service shall be completed when an applicant agrees to these Terms, applies for registration in the manner specified by the Company, and the Company approves such application.

The Company may refuse to approve an application for registration if it determines that any of the following circumstances apply, and shall have no obligation to disclose the reasons for such refusal.

False information was reported in the application for registration.
The applicant has previously violated these Terms.
Any other case in which the Company deems the registration inappropriate.

Article 3 (Prohibited Acts)

Users shall not engage in any of the following acts when using the Service.

Acts that violate laws or public order and morals.
Acts related to criminal activity.
Acts that infringe copyrights, trademarks, or other intellectual property rights contained in the Service.
Acts that destroy or disrupt the functions of the Company’s, other Users’, or third parties’ servers or networks.
Commercial use of information obtained through the Service.
Acts that may interfere with the operation of the Company’s services.
Unauthorized access or attempts thereof.
Collecting or storing personal information about other Users.
Using the Service for an improper purpose.
Acts that cause disadvantage, damage, or discomfort to other Users or third parties.
Impersonation of another User.
Advertising, solicitation, or sales activities on the Service without the Company’s permission.
Acts for the purpose of meeting an unacquainted person of the opposite sex.
Providing benefits, directly or indirectly, to antisocial forces in connection with the Company’s services.
Any other act deemed inappropriate by the Company.

Article 4 (Suspension of Service)

The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following circumstances apply.

Maintenance, inspection, or updating of the computer system for the Service.
Force majeure such as earthquake, lightning, fire, blackout, or natural disaster that makes provision of the Service difficult.
Accidents causing computers or communication lines, etc. to stop.
Any other case in which the Company deems provision of the Service difficult.

The Company shall not be liable for any disadvantage or damage incurred by Users or third parties due to suspension or interruption of the Service.

Article 5 (Restriction / Deregistration)

The Company may, without prior notice, restrict a User’s use of all or part of the Service or deregister the User if the User falls under any of the following.

Violation of any provision of these Terms.
Discovery of false information in the registration details.
Failure to fulfill payment obligations for fees, etc.
No response to communications from the Company for a certain period.
No use of the Service for a certain period after the last use.
Any other case in which the Company deems the User’s use of the Service inappropriate.

The Company shall not be liable for any damage incurred by the User as a result of actions taken by the Company under this Article.

Article 6 (Disclaimer & Limitation of Liability)

The Company does not expressly or impliedly warrant that the Service is free from defects in fact or law (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or infringement of rights).

The Company shall not be liable for any damage incurred by Users arising from the Service, except in cases of the Company’s willful misconduct or gross negligence. However, if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract under the Consumer Contract Act, this disclaimer shall not apply.

Even in the case set forth in the proviso of the preceding paragraph, the Company shall not be liable for special damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damage), and compensation for damages caused by the Company’s negligence (excluding gross negligence) shall be limited to the amount of usage fees received from the User in the month in which the damage occurred.

The Company shall not be liable for any transactions, communications, disputes, etc. arising between Users and other Users or third parties in connection with the Service.

Article 7 (Changes to the Service)

The Company may change, add to, or discontinue the content of the Service with prior notice to Users, and Users shall accept this.

Article 8 (Amendments to the Terms)

The Company may amend these Terms without obtaining individual consent from Users in the following cases:

When the amendment conforms to the general interests of Users.
When the amendment does not contradict the purpose of the Service use agreement, and is reasonable in light of necessity, appropriateness of the amended content, and other circumstances relating to the amendment.

In amending these Terms under the preceding paragraph, the Company shall notify Users in advance that these Terms will be amended, the content of the amended Terms, and the effective date thereof.

Article 9 (Handling of Personal Information)

The Company shall appropriately handle personal information obtained through use of the Service in accordance with the Company’s “Privacy Policy.”

Article 10 (Notices / Communications)

Notices or communications between Users and the Company shall be made in the manner specified by the Company. Unless the User submits a change notice in accordance with the separately specified method, the Company shall deem the currently registered contact information to be valid and will send notices or communications to that contact, which shall be deemed to have reached the User at the time of transmission.

Article 11 (Non-Assignment)

Users may not assign or pledge to a third party their status under the agreement or any rights or obligations under these Terms without the Company’s prior written consent.

Article 12 (Governing Law / Jurisdiction)

These Terms shall be governed by the laws of Japan.

Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s head office.

End