Journeys English Studio (hereinafter referred to as “our company”) offers a system (hereinafter referred to as “services”) where students can book online lessons with tutors who have accepted the following “tutor policy” (hereinafter referred to as “this code”). The tutor shall use the services after agreeing to the contents of these terms in advance.
1. Definition and Contents of the Services
1-1. The terms for the following items shall have the meanings prescribed:
① “Lesson”: a generic term for teaching knowledge, providing information, practicing conversation, giving advice, etc.
② “Students”: those who wish to take lessons or already take lessons.
③ “Tutor”: A person who wishes to or already provides lessons.
④ “Lesson Agreement”: A contract concluded between our company and the students for the provision and taking of lessons.
⑤ “Monthly Fee”: The fee students pay our company for the lessons.
⑥ “Lesson Fee”: The fee our company pays the tutor for the lessons.
⑦ “Reservation Site”: the web based booking system for students and tutors to arrange lessons
⑧ “Our Company Site”: our company’s latest website
1-2. This service includes the following:
① Services that make it easy for students to apply for lesson agreements, book lessons, and manage lesson agreements for which they have applied
② Counselling services related to the services set forth in the preceding items for participants
③ Lessons for students
④ A service that periodically or irregularly delivers to students via e-mail updated information on our company site, campaign information, and other information specified separately by our company (hereinafter referred to as “mail magazine service”).
⑤ Services that make it easier for tutors to accept student applications for lesson agreements
⑥ Other services provided separately by our company
2. Application of the Regulations
2-1. These terms shall apply to the use of the services by the tutor.
2-4. Students’ use of the Services shall be governed by the student separately prescribed by our company (hereinafter referred to as “student regulations”.).
2-5. The date and time in these terms shall be in accordance with the standard time in Japan.
3. Notification from Our Company
3-1. From time to time, our company shall notify the tutor of such matters as our company deems necessary by posting them on our company site, sending emails, sending documents or any other method that our company deems appropriate.
3-2. If our company notifies you as set forth in the preceding paragraph by posting it on the our company site, sending an e-mail message, or sending a document, the notice shall take effect as of the time our company posts it on the our company site, sends an e-mail message or sends a document.
4. Entitlement to use the Services
In order for a tutor to use the services, all of the following conditions must be met:
4-1. 20 years of age or older and capable of legal responsibility. If the customer is under 20 years of age, the service is available if a guardian’s agreement is submitted.
4-2. If a foreign national then permitted to work in the state of residence and the state where they are registered.
5. Regarding the use of this Service
5-1.The tutor shall determine the accuracy, certainty, reliability, usefulness, etc. of the information provided by our company and the quality, accuracy, certainty, reliability, usefulness, etc. of the service and agrees in advance to use them under their own responsibility.
5-2. Our company is hiring the tutor on the basis of an outside contractor and not an employee of our company and the tutor agrees in advance that there will be no employment agreement between our company and the tutor.
5-3. Our company will do its utmost to ensure the safety of the reservation site so that tutors can provide lessons with peace of mind. We can not accept responsibility for issues outside of our control such as outsider hacking, security breaches, etc.
5-4. When using this service, the tutor shall always give the highest priority to the students and shall make the best possible efforts to the extent considered by common sense.
5-5. Our company will do its best to ensure that the students receive the lessons smoothly and satisfactorily. Therefore, in the event that our company determines that the quality of the lessons provided by the tutor, the prior communications accompanying the implementation of such lessons, and customer service is not at the level required under this Article 4, our company may, at its discretion, refund the service fee and cancel the lesson fee without prior notice to the tutor. Our company may, at its discretion, remove a tutor from its registration list if the tutor’s attitude toward customer service or attitude toward the students is significantly different from the level required by our company.
5 -6. Lessons shall be provided by the tutor in principal and our company shall not provide any lessons except when our company deems it necessary.
5-7. Our company may, but is not obliged to, access or control the offered lesson or any information exchanged between the tutor and the student.
5-8. Our company shall not be obliged to verify or guarantee the trustworthiness of any of its tutors, students or any information they provide through the reservation site.
5-9. Our company will not be held responsible for any illegal activity undertaken by tutors or students through this service.
5-10. Our company shall assume no responsibility for any information, file or goods exchanged between students and tutors and is absolved from responsibilities of any kind for damages or losses to the student caused by information, file or goods provided.
5-11. You should not exchange files or objects not relevant to lessons unless given explicit permission by our company to do so.
6. Issues and Conflicts with Others
If you should sustain harm or damage from; or become involved in a conflict with another tutor, student or third party, all parties involved shall undertake to resolve the issues amongst themselves using their own resources. If our company suffers damage from the aforementioned issue or conflict our company shall pursue compensation from the responsible parties. You will also be held responsible for any costs which may include, but not limited to, reasonable legal fees required to resolve the aforementioned issue or conflict.
7. Tutor Registration
7-1. You can register to offer lessons by completing an application through the registration form. This form should be filled out by you, the applicant and not by someone acting on your behalf. All information filled out in the application must be truthful and accurate.
7-2. Our company will send you an email notifying whether your application has been accepted.
7-3. Our company will not accept an application if any of the following cases applies:
- Ⅰ. Tutor registration application was proved to be submitted by a third party other than the tutor (except if acknowledged by our company).
- II. Any falsity, misdescription, input omission is found in the content of the tutor registration application.
- IV. Any other cases that our company deem inappropriate to accept tutor registration applications.
7-4. Tutors shall immediately submit any change in name, email address, country of residency and other information that our company specifies since the tutor registration is applied, in a method that our company stipulates.
7-5. You may erase your own profile after notifying our company and receiving further instructions by submitting a separate document provided by our company at least 30 days in advance. However, you may not deactivate your profile if you have lessons pending.
8. Suspension of providing the Services / Cancellation of Tutor Registration
- The Company may terminate your services and erase your profile without notice in any of the following cases.
- II. Any act in Article 13 is committed.
- IV. If the tutor’s attitude towards students and/or the general mindset employed when delivering lessons do not meet the requirements set forth in Article 5 Paragraph 4.
- V. If it is determined that the continued delivery of lessons by the Tutor will negatively affect the reputation of our company.
- VI. When our company deems it inappropriate to provide services or to maintain tutor registration.
9. Password Management and Usage
9-1. You will either define your own or be provided by our company with a password (hereinafter referred to as “password(s)”) to access various restricted areas of the reservation site. Our company is not responsible for the management of your password.
9-2. You should not give or disclose the password to a third party.
9-3. Our company will not be held responsible if you or someone else uses your password inappropriately or to harm a third party.
9-4. If you find out that your password is being used by a third party without your consent, you should immediately inform our company and act according to its directions.
10. Burden of Expense
10-1. In order to be able to use our services, you should have the necessary hardware (PC, headset, microphone, earphones, etc), software (defined in Article 18, Section 1) and a fast internet connection. You shall be responsible for the aforementioned three categories of necessities and will bear the burden of expense for their purchase and maintenance.
10-2. You must pay for your own internet connection, phone expenses and electricity.
11. Lesson Fees
11-1.The amount of the Lesson Fee shall be in accordance with our company regulations.
11-2. Our company shall transfer the lesson fees for the previous month to the bank account previously approved by our company and designated by the tutor on the 15th of the following month (the immediately following business day if the 15th is a non-business day of the bank). The fees required for such transfers shall be borne by our company, and fees for the receipt of fees for such bank accounts and withdrawal of cash from such bank accounts, as well as other fees, shall be borne by the tutor. If the said bank is an overseas bank account and the remittance amount is less than 50,000 yen, the remittance amount will have ¥500 offset as the remittance charge. If the amount is less than 50,000 yen, it can be carried over to the next month at the request of the tutor.
11-3. Our company may withhold the above payment if any of the following situations arise.
- I. If the Student requests a refund for his/her fee with just cause.
- II. If we have sufficient reason to believe that you have violated the terms of the agreement.
- III. If the bank account information or any other information you provided is incomplete or incorrect.
- IV. If our company deems it necessary for any other reason to withhold the payment of the lesson fee.
11-4. In the event that a payment fails due to reasons falling under item IV above, or in cases where a payment is rejected and sent back to us due to your account information being incorrect or insufficient, you may request repayment within 1 month of the initial attempted payment date. In such cases we reserve the right to deduct a repayment fee.
11-5. You will not receive payment for a lesson if a student requests a refund fee and our company grants it according to the user terms or user cancellation policy. If the lesson fee for the particular lesson subject to refund has already been paid, you will be obliged to send the payment back to the Company.
11-6. Lesson Fees shall be calculated and paid in Japanese Yen (¥)
12. Lesson Agreement
12-1. A lesson agreement comes into effect from the moment students book the lesson through the booking system.
12-2. You must agree beforehand that a student may cancel a lesson agreement after its acceptance in accordance with the user cancellation policy.
12-3. You shall follow the tutor cancellation policy in matters regarding the acceptance and rejection of lesson agreement requests; the canceling and rescheduling of requests; and what to do after cancelling.
12-4. Our company reserves the right to ask you to provide additional information especially in the following situations:
- I. If you cancel or wish to cancel a lesson agreement after its acceptance.
- II. If any of the situations in Article 11 section 3 arise.
- III. If the Company deems it necessary for any other appropriate cause.
13-1. You agree to not engage in any of the following activities while offering lessons through the reservation site:
- I. Offer services which require accredited licenses such as (but not limited to) the offering of legal or medical services without qualification.
- II. Offer services or perform actions that are criminal or discriminatory in nature.
- III. Offer services or perform actions that are offensive to public order and established morals.
- IV. Offer services or exchange information of any kind that is obscene or pornographic in nature.
- Ⅴ. Promote or sell items that are not related to the lessons being offered.
- VI. Engage in activity that infringes, or has the possibility of infringing on the rights, property or privacy of other students, tutors or our company.
- VII. Post or send information that is not correct.
- VIII. Delete, tamper, falsify or attempt to inappropriately change information used for our services.
- IX. Engage in activity or use information that violates, or has the possibility of violating copyrights, trademark rights or intellectual property rights belonging to a third party.
- X. Makes false accusations, discriminatory, damaging or hurtful statements against another tutor, student, third party or our company.
- XI. Send advertisements, promotional messages, chain-mail, invitations or any other mail to other tutors, students, third parties or our company which may be construed as unwarranted, unsolicited or offensive.
- XII. Engage in activities which purpose is to solicit individuals to join a particular religion, political organisation or multi-level marketing scheme.
- XIII. Engage in campaigning activity which violates the Public Offices Election Act.
- XIV. Use or disseminate computer viruses.
- XV. Use someone else’s identity or pretend to be another tutor.
- XVI. To attempt any unauthorised access to other computer systems or networks which are connected to the services.
- XVII. Make violent or unjustified demands in excess of legal responsibility.
- XVIII. Use intimidation or violence in connection with transactions.
- XIX. Spread false information or using fraudulent means or force to tarnish another party’s credibility or obstruct another party’s business.
- XX. To violate laws or to be offensive to public order and morals (including but not limited to prostitution, violence or savagery) in addition to the previous paragraph, or to put other tutors, students, third parties or our company at a disadvantage.
- XXI. To introduce or solicit usage of services that directly compete with, or potentially compete with our service to other tutors, students and other third parties using the reservation site.
- XXII. To divulge information about our service which you acquired as a tutor to third parties that directly compete with, or potentially compete with our service.
- XXIII. To encourage or promote any of the mentioned behaviours.
- XXIV. Any other behaviour that our company deems inappropriate
13-2. Tutors shall not use any information obtained through using the services about students for any other purposes than the use of the services or practice providing lessons. Tutors shall not apply for lessons directly to students without using the reservation site.
14. Tutors’ Responsibilities
- You agree to carry out the following responsibilities and at the same time agree to not hold our company responsible for any consequences resulting from your failure to carry out the same.
- I. You will ensure that any information sent to our company or uploaded through the reservation site to be up-to-date, correct and accurate.
- II. You will impart to students information and knowledge that is truthful, correct and accurate.
- III. You will faithfully execute their responsibilities defined in the lesson agreement (lesson contents, start time, etc).
- IV. You will file and pay appropriate duties and taxes for lesson fees they acquired through the reservation site to your home country or country of residence.
15. Emails and Uploaded Information
- 15-1. Our company shall not be liable for contents of any emails, or uploaded information which are created by tutors, students or other third parties.
- 15-2. Tutors shall take responsibility for emailing, uploaded information, handling email service providers, and other related conditions, guarantees and statements. Tutors agree to hold our company blameless against any kind of loss or damage, resulting from related correspondences.
16. Confidential Information
16-1. The tutor shall provide our company with personal information of the tutor and other information related to the tutor (hereinafter referred to as “personal information, etc.”) separately designated by our company as information necessary for using the services and providing the lessons at the time of the Tutor Registration application or on other occasions separately designated by our company. Our company shall post on this site any personal information, etc., for which our company has obtained the prior consent of the instructor to post such information on this site for the purpose of notifying the students.
16-2. You should not disclose to anyone or use in any way the information you received about other tutors or students (hereinafter referred to as “confidential information”) through this service, irrespective of whether or not you are registered on the reservation site. Tutors must keep such confidential information strictly to themselves and take every precaution not to let the information leak in any way. You should never use confidential information obtained through this service for any purpose other than to execute your responsibilities as defined in the lesson agreement.
16-3. If asked to do so by our company, you must return or destroy any files, information, products which you received from your interaction with us.
16-4. You should not offer or disclose information about lessons to other Tutors or Students. However, any publicly available information as stipulated in Section 1 article 1-2 ④ of this article may be freely disclosed.
16-5. You should not disclose to other tutors or students any information related to lesson fees or information about third parties that may be in competition with our company and the services.
17.Acceptance of License Right
You agree to give to the Company free of charge, the unlimited and non-exclusive sub licensing rights to disclose use, show, translate, alter, delete and redistribute any uploaded information and its derivatives that are publicly available through your profile or other pages. The sub licensing rights in this article shall include any text, images, music and content you upload or provide through the reservation site which do not fall under the definition of private Information.
18. Use of Communication Software
18-1. Tutors shall use a third party’s internet communications software (hereinafter referred to as communications software) specified by our company for each lesson they conduct.
18-3. You must first download the software and make sure it works before registering on the reservation site.
18-4. Our company will not assume any responsibility in cases where a lesson could not be executed due to problems with the hardware or software under your management and care.
19-1. Our company guarantees no credibility, accuracy, certainty, reliability, availability etc. about information on the services and quality, reliability, availability of services and lessons. Our company assumes no responsibility for any damage or loss related to these.
19-2. On no account will our company be liable for any damage and loss arising out of the discontinuation of the services, cancellation of student registration, suspension, change, addition or cancellation of the service.
19-3. Our company assumes no responsibility for loss or damage that results from an action or failure to act by a third party including other tutors.
19-5. Our company assumes no responsibility for any damage and loss that results from tutors to other tutors, students and other third parties in use of the services and lessons.
20-1. Tutors agree that any problems which occur between tutors and advertisers shall be solved among tutors, advertisers and others, when students participate in any promotion activity of advertisement or other agencies of advertisement posted on the website.
20-2. We assume no responsibility for any action of people, including third parties, who tutors contact through a link created by the advertiser or others, a website operated by the advertiser and others, and use of the website or software.
20-3. Tutors agree to hold our Company blameless against any damage or loss arising from advertisement and other third parties to tutors.
21. Suspension of the Services
Our company may temporarily suspend providing the services without prior notice to tutors under the following circumstances.
- I. An unavoidable circumstance due to maintenance or construction of facilities for the service.
- II. An unavoidable circumstance due to failures of facilities for the services.
- III. Due to unavailability of electricity communication services resulting from operation of electricity communication provided by an electricity communication provider.
- IV. Any other circumstance which our company deems necessary for temporary suspension due to an operational or technical reason.
22. Changes and Addition to the Service
Our company may amend or add contents of the services without prior notice to tutors.
23. Discontinuation of Services
Our company may terminate the services without giving notice to tutors.
The Company owns the rights including intellectual property rights to the reservation site and all information delivered through it including (trademarks, pictures, sound, text, videos, images, etc) except for information provided by tutors, students and other users and where stated otherwise.
You agree to compensate our company (for costs including but not limited to legal fees, etc) in the event you cause harm or damage to our company due to violations of this agreement not explicitly mentioned above, or through negligence or wilful intent.
27.Transfer of Rights and Obligations in this Agreement
Tutors may not transfer all or parts of the rights and obligations stated in this agreement to a third party.
28. Elimination of Antisocial Forces
You shall represent and warrant that you do not and will not correspond to any of the following
- I. The tutor is or was at any time during the past five(5) years a Boryokudan (organised crime group), Boryokudan-in (member of Boryokudan), Boryokudan-jun-kosei-in (associate member of a Boryokudan), Boryokudan-kankei-kigyo (Boryokudan-related company), Sokaiya (corporate extortionist), Shakaiundo-hyobogoro, Tokusyu-chino-boryokusyudan or any equivalent or a member of any equivalent (hereinafter collectively called “Antisocial Forces”);
- II. You have any relationship with an operation which is recognised as being governed by Antisocial Forces;
- III. You have any relationship with an operation which is recognised as practically involving Antisocial Forces;
- IV. You have any relationship recognised as utilising Antisocial Forces for the purpose of making illegal profits for itself or a third party or causing damage to a third party, etc.;
- V. You have any relationship recognised as supplying funds or providing benefits for Antisocial Forces; or
- VI. You have any socially disapproved relationship with Antisocial Forces.
29. Governing Law
This Agreement shall be governed by and construed under the laws of Japan without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations and Japanese law, rules, and regulations, Japanese law, rules and regulations shall prevail and govern.
30. Court of Jurisdiction
If a legal dispute should arise between you and another tutor, student, third party or our company you will resort to the jurisdiction of the Fukuoka District Court or Fukuoka Summary Court.
31. Language of the Terms
32.Continuation of this Agreement
The following articles will still remain effective even after you terminate your registration with the Site: Article 2, Article 3, Article 5 Section 1 or 3, same Article5 Section 5 or Section 8, Article 6, Article 9, Article 10, Article 11 Section 2, Article 11 Section 5 or 7, Article 12, Article 14 or 17, Article 18 Section 4, Article 19, Article 20, Article 24, Article 26 and this Article.
33. Matters not Covered in this Agreement
In the event a dispute arises between the tutor and our company both parties shall attempt to resolve the matter through discussion based on the principles of good faith and fair dealing.
34. Supplementary Provision
Effective as of September 1, 2020