Lesson Terms and Conditions for Student
This Terms and Conditions (“this TOC”) sets forth terms and conditions of an agreement for a student who receives “musiclessononline” service (“MLO Service”) HIMUKASI K.K. (“the Company”) provides on our website (“the Site”).
- Article 1 (Definition)
The defined words shall mean the following in this TOC.
(1) “Student”: An individual who intends to receive Lesson through MLO Service.
(2) “Lecturer”: An individual who provides Lesson through MLO Service according to this TOC.
(3) “Lesson Fee”: A fee in consideration for receiving a music lesson payable by Student
(4) “Point”: A payment method with which Student pays Lesson Fee, value of which shall be indicated as a number in electromagnetic means. Point shall be purchased on the Site in advance to receiving Lesson.
(5) “Lesson”: A music lesson Lecturer gives to Student on the Site through MLO Service.
- Article 2 (Student Registration)
2.2 A person who desires to be Student shall provide the Company complete and correct information as requested.
2.3 The Company has a right to refuse an application for the registration as Student when any of the following is applicable. If any of the following is revealed to be applicable for the Student after the completion of the registration, the Company may cancel such registration.
(1) A person who does not have a legal capacity or any legal authority to receive MLO Service by agreeing with this TOC and has not obtained any necessary consent or approval to do so;
(2) A person whose registration as Student was canceled in the past because of violation of any of our agreement, including this TOC. (Provided however, the Company may accept an application from such person in the its discretion.);
(3) A person who belongs to anti-social forces (an organized crime group, its member, its semi-member, a company related to an organized crime group or any others similar to the foregoing); or
(4) Any other person who the Company determined inappropriate as Student in our reasonable discretion.
2.4 The Company notifies acceptance or refusal to the application for registration as Student via e-mail to the e-mail address provided by such applicant at the time of application. The Company will not disclose the reason for refusal of such application.
2.5 The registration as Student shall be deemed completed when the Company sends notice of acceptance of the application. Upon completion, Student can receive MLO Service.
2.6 Student may terminate an agreement for MLO Service at any time after the completion of registration by cancellation of his/her own registration. Provided however, as setting forth below, the unused Point possessed by Student at the time of the cancellation shall become null and void.
- Article 3 (Management of Account and Notice)
3.1 Student shall manage his/her account by properly keeping his/her ID and password issued by the Company upon the registration as Student.
3.2 Student is fully responsible to keep security of his/her own account. The Company may regard any conduct under Student’s ID and password as the Student’s conduct, and Student shall assume any and all responsibility for such conduct. Provided however, the foregoing is not applicable to the case where an authorized use of Student’s account shall be caused by the Company’s fault.
3.3 Student shall promptly inform the Company when Student is aware of the actual or threatened unauthorized use of his/her account by a third party.
3.4 One Student may keep one registration as Student. Student may not create or use multiple accounts under multiple IDs.
3.5 Student shall keep his/her registration information updated, and promptly notify the Company of changes, if any. The Company is not liable for any damages or disadvantages incurred by Student because of Student’s failure to do so. Provided however, any matters related to identity of Student such as name, may not be changed after registration is completed.
3.6 The Company shall make notice necessary for MLO Service to Student, by an e-mail to an e-mail address registered by Student or by posting such notice on the Site. The Company is not liable for any damages or detriments incurred by Student if Student does not receive necessary notice because of Student’s failure to update.
- Article 4 (Personal Information)
- Article 5 (MLO Service)
5.1 Through MLO Service, Student can receive Lesson on line from Lecturer Student choses on the Site at the selected date and time. To receive MLO Service, Student shall make a booking for Lesson on the Site after selecting Lecturer and the available date and time for Lesson, and receive Lesson on the Site at the booked date and time.
5.2 MLO Service will be provided on Internet. Student shall prepare Internet connection and necessary facilities to use web service used to receive Lesson online on the Site on his/her own costs and responsibility. List of Browsers where the web service for Lesson is available shall be provided on the Site.
5.3 Some Lecturers may set forth some conditions to give Lesson. Student is responsible to check such conditions to receive Lesson on profile pages of Lecturers.
5.4 To receive Lesson, Student shall pay applicable Lesson Fee with Point.
- Article 6 (Point)
6.1 Student shall purchase Point in an appropriate amount on the Site in advance to pay Lesson Fee.
6.2 Student may purchase Point in the amount designated through the purchase process on the Site. Student may choose payment method for purchase among bank-transfer, credit card or PayPal. As the currency, USD, JPY and EURO are available for the payment; however, some currency may not be available for certain kinds of payment method (The details can be found through purchase process for Point). The value of Point shall be calculated in accordance with conversion rate applicable on the Site at the time of purchase of Point, and shall be indicated in the currency selected at the time of payment.
6.3 Point shall be valid for six (6) months. Point shall become automatically null and void upon expiration, and cannot be extended beyond the expiration date. Student shall check the expiration date of Point. The expiration date of Point in Student’s possession can be checked in Point balance page on the Site.
6.4 Unless otherwise specified in this TOC, Point once purchased is not refundable.
6.5 If any of the following is applicable, Student cannot purchase Point. The Company may cancel Point after purchase if the Company finds any of the following is applicable.
(1) If payment method designated at the time of purchase of Point has some issues thereby payment is not appropriately completed;
(2) If there is any breach of this TOC; or
(3) The Company otherwise determines in its reasonable discretion to cancel Point purchased.
6.6 Student is responsible to keep Point purchased from unauthorized use by managing his/her own account properly.
6.7 Unless otherwise specified when registration as Student terminates for any reasons, all of the Point possessed by such Student shall become null and void.
- Article 7 (Lesson)
7.1 Lesson Fee shall vary in accordance with Lecturer and/or the date and time of Lesson. Student shall review applicable Lesson Fee on profile page of Lecturer when making a Lesson booking. Lesson Fee shall be specified in the amount of Point and currency selected. For Student lives or resides in Japan, consumption tax is applicable to Lesson Fee, and the amount of Lesson Fee includes applicable consumption tax.
7.2 Lesson booking shall be deemed to be made at the time confirmation screen is shown after Student selects Lecturer and the available date and time of Lesson for the Lecturer. Student shall pay Lesson Fee at time the Lesson booking is made by consuming applicable Point at the time
7.3 Unless otherwise specified in profile page of Lecturer, a Lesson booking can be made until the time 24 hours prior to the starting time of the booked Lesson.
7.4 Student may cancel any Lesson booking; however, cancellation fee shall be charged as follows if cancellation is made after the time 72 hours prior to the starting time of the booked Lesson. In case of cancellation, Point consumed as applicable Lesson Fee is returned to Student’s possession after deducting the Point equivalent to the applicable cancellation fee. (The expiration date of the returned Point is the same as before.)
After 72 hours through on or before 48 hours prior to the starting time of booked Lesson30%
After 48 hours through on or before 24 hours prior to the starting time60%
After 24 hours prior to the starting time100%
- Article 8 (Cancellation of Lesson due to the Company’s Convenience)
8.1 Student understands and agrees that Lesson booking may be cancelled due to any reason of Company’s system or Lecturer.
8.2 The Company will give Student a notice of cancellation by the time 24 hours prior to the starting time of the booked Lesson via e-mail; provided however, for some reasons the Company may give a shorter notice of cancellation or does not provide Lesson without giving any prior notice.
8.3 The Company will issue new Point to Student without any charge in the amount equivalent to the Lesson Fee for the booked Lesson Student does not receive.
- Article 9 (Posting of Word-of- Mouth Communication or Comments)
9.1 The Company may accept Student’s posting of word-of- mouth communication, comments, photos or other information (collectively “Comments”) on MLO Service. The Company has full discretion to determine whether certain Comments are published on the Site. Student cannot delete Comments once posted unless the Company specifically admits.
9.2 Student hereby grants the Company or any person designated by the Company without any charge the perpetual right to edit Comments posted to the extent keeping its substantial meaning, and to publish on the Site or to make any other use of the same. Student also covenants not to exercise moral right against the Company or any third party designated by the Company.
9.3 Student acknowledges and understands that the Company may communicate with Student regarding Comments posted by him/her.
9.4 Student is fully responsible for Comments posted by him/her.
9.5 Student may not post Comments for which any of the following is applicable. Posting of prohibited Comments constitutes breach of this TOC. The Company can delete posted Comments in its discretion.
(1) Any Comments containing contents illegal or suspected so;
(2) Any Comments containing any contents against public policy, including discriminatory expressions;
(3) Any Comments actually or suspected to infringe or violate copyright, the right of likeness, reputation or any other rights or legal interests of a third party;
(4) Any Comments including any information by which an applicable individual can be identified, including the name, e-mail address, or phone number;
(5) Any Comments not related to MLO Service;
(6) Any Comments not based on personal experience of the Student;
(7) Any Comments containing false statement;
(8) Any Comments containing porno, obscene, or any contents sexually explicit or inviting any sexual conducts;
(9) Any Comments containing any contents remarkably inducing or encouraging minors or juveniles violence, savagery or crime, or causing adverse effect against their sound growth and development;
(10) Any Comments containing contents grotesque or otherwise offensive to most ordinary persons; or
(11) Any Comments in violation of this TOC or those the Company determines improper contents or expressions.
- Article 10 (Intellectual Property Rights)
10.1 Any and all rights and interests (including ownership rights, intellectual property rights, the right of likeness, or publicity rights) in any text, images, programs and any other data (excluding those in music or its performance provided in a music lesson) shall belong to the Company or its licensors. Student may not reproduce, make available to public, sell, publish or otherwise use any of the same without obtaining the prior written approval from the Company.
- Article 11 (Intellectual Property Rights)
11.1 Any and all rights and interests (including ownership rights, intellectual property rights, the right of likeness, or publicity rights) in any text, images, programs and any other data (excluding those in music or its performance provided in a music lesson) shall belong to the Company or its licensors. Student may not reproduce, make available to public, sell, publish or otherwise use any of the same without obtaining the prior written approval from the Company.
- Article 12 (Prohibitions)
Student is prohibited from doing any of the following on MLO Service or using MLO Service.
(1) Any conduct in violation of laws and regulations;
(2) Any conduct against public policy including doing discriminatory expressions;
(3) Any conduct to encourage any crime or having a risk to do so;
(4) Any conduct including misrepresentation possibly making consumers mistake in their judging;
(5) Any conduct involving religious activity, political activity or any other activities not to meet the purpose of MLO Service;
(6) Any conduct infringing or damaging goodwill, property (including intellectual property), privacy, reputation, or any other rights or interests of the Company and/or Lecturers of MLO Service;
(7) Any conduct interfering with the Company’s ordinal operation of any service, including MLO Service;
(8) Any conduct transmitting virus or malicious code or otherwise interfering with the normal operation of the Site; or
(9) Any conduct in violation of this TOC or any other conduct the Company believes inappropriate.
- Article 13 (Suspension of MLO Service)
13.1 The Company may suspend providing MLO Service without giving any prior notice to Student in any of the following:
(1) When necessary for maintenance of the Site;
(2) When inevitable for restoration in case any issue occurs on the Site; or
(3) When the Company otherwise determines suspension is necessary in providing MLO Service.
13.2 When Student does not receive a booked Lesson due to any reason listed above, it is considered as being unable to receive Lesson due to reason of the system of the Site and any applicable new Point is issued to Student without any charge.
- Article 14 (Discontinue to Provide MLO Service, Cancellation of Registration)
The Company may discontinue providing MLO Service to Student or cancel his/her registration as Student when the Student breaches any provision of this TOC, or the Company determines there is risk for Student to conduct any breach. The Company shall bear no liability or responsibility for such discontinuance or cancellation of registration.
- Article 15 (Disclaimer)
15.1 Although the Company uses commercially reasonable efforts to provide MLO Service, the Company does not make any warranty on that the Site or any system related to the Site is free from error or interruption or does not contain any virus or any other harmful contents. Lecturer is fully responsible to take security measures against any harm related to the foregoing.
15.2 The Company provides no warranty on quality or usefulness of MLO Service, including those of Lesson. Student shall use MLO Service on his/her own responsibility and judgment.
15.3 In case the Company is liable or responsible for Student for any reasons related to MLO Service, the maximum amount of such responsibility or liability does not exceed the total amount Student paid to the Company as Lesson Fee during one (1) year immediately before the event causing such responsibility or liability, no matter what is the cause of action.
15.4 The Company may demand Student to pay any costs (including legal cost, damages, and fees for attorneys) if any infringement or violation of a third party’s intellectual property rights (including copyright, industrial design right, patent right, trademark, and trade secret), reputation, privacy or any other rights or interests occurs due to the conduct of Student (including posting Comments), thereby the Company is forced to pay damages.
15.5 In case any trouble or dispute occurs between Student and other Student, Lecturer or any other third party, such trouble or dispute shall be resolved by themselves and the Company shall bear no responsibility or liability on such dispute.
- Article 16 (Disclose of Information of Senders)
16.1 When the Company is requested to disclose information regarding senders (including information of Student, IP address, ID number of SIM card) related to information Student posts on the Site alleging such information infringes a third party’s right, the Company may disclose such requested information when such request has reasonable ground.
16.2 When the police or other law enforcement agency requests the Company the cooperation on their investigation, the Company may disclose information of the sender requested.
16.3 The Company bears no responsibility or liability for disclosure of information in accordance with this Article 16. If any legal cost responding to legal procedure or any other costs are incurred to the Company regarding any procedure for such disclosure, the Company will request to pay such costs to the Student who made post in question.
- Article 17 (Change of MLO Service)
The Company has a right to change contents or specification of MLO Service (including change of Lecturers) at any time in its full discretion without giving a prior notice to Student. The Company bears no responsibility or liability for any damages or detriments incurred by Student.
- Article 18 (Termination of MLO Service)
The Company may terminate MLO Service at any time by giving a notice to Student. Point in possession of Student at the time of termination of MLO Service will be refunded in the amount and manner determined by the Company.
- Article 19 (Change of this TOC)
19.1 The Company reserves the right to change this TOC at any time in its discretion. In case of change, the Company will notify Student of such change together with the effective date of the change by sending an e-mail or posting on the Site.
19.2 The change of this TOC becomes effective in two (2) weeks after posting of changed TOC. If Student does not agree with the changed TOC, Student can cancel his/her registration as Student and terminate an agreement for MLO Service. In such case, Point possessed by the Student at the cancellation will be refunded in accordance with the conversion rate the Company applies on the Site at that time. Student shall be deemed to accept such change if Student uses MLO Service after the effective date of such change.
- Article 20 (Non Assignment)
Student may not transfer, assign all or part of rights or delegate any obligations under this TOC based on this TOC to a third party.
- Article 21 (Governing Law and Jurisdiction)
This TOC is governed by laws of Japan. Any disputes related to this TOC or MLO Service between Student and the Company shall be exclusively resolved before the Tokyo District Court for the first instance.
- Article 22 (Discussion)
Matters not mentioned herein or any doubt related to any provision of this TOC shall discussed and resolved between the Company and Student in a good faith.
- Article 23 (Language)
When this TOC is provided in any language other than Japanese, if there are any discrepancies with those in Japanese language, Japanese shall prevail.