Tutor Terms

The Journeys English Studio (Hereinafter referred to as “our company”.) offers online lessons (Hereinafter referred to as “Services”.) only to instructors (Defined in Article 1, Paragraph 1, Item 3 below.) who have accepted the following “lecturer’s policy” (Hereinafter referred to as “this Code”.). The instructor shall use the Service after agreeing to the contents of these Terms in advance.

1.Definition and contents of this service

1-1.In these Terms, the terms in the following items shall have the meanings prescribed in each item.
① “Lesson”: a generic term for teaching knowledge, providing information, practicing conversation, giving advice, etc.
② “Participants”: Those who wish to take the lesson or actually take the lesson.
③ “lecturer”: A person who wishes or actually provides lessons.
④ “lesson contract”: A contract concluded between our company and the students for the provision and taking of lessons.
⑤ “monthly fee”: The fee you pay our company for the lessons.
⑥ “Lessenfei”: The fee our company pays the instructor for the lessons.
⑦ “reservation site”: Conclusion of a lesson contract and lessons in this service
⑧ “our company Site”: our company’s latest website

1-2.This service includes the following services.

① Services that make it easy for students to apply for lesson contracts, book lessons, and manage lesson contracts for which they have applied
② Counseling services related to the services set forth in the preceding items for participants
③ Lesson services for students
④ A service that periodically or irregularly delivers to participants via e-mail updated information on the 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 instructors to accept student applications for lesson contracts
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 Instructor.
2-2.Any notice our company issues to Lecturers under Section 3, including our company’s Terms of Use and any other provisions separate from these Terms and posting on the our company Site (Hereinafter, collectively referred to as “our company’s Terms of Use, etc.”.), shall form part of these Terms.
2-3.If the provisions of these Terms of Use differ from the terms of use, provisions, or notification set forth in the preceding paragraph, the notification, the provisions, the terms of use, and the Terms of Use shall take precedence. If the content of the notice posted on the our company Site is different from that of the other notice, the one notified later shall take precedence.
2-4.Students ’ use of the Services shall be governed by the Student Agreement 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 Instructor of such matters as our company deems necessary by posting them on the our company Site, sending e-mails, 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 an Instructor 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.The foreign national is permitted to work in the state of residence and the state where he/she is registered.

5.Regarding the use of this service

5-1.The Lecturer shall determine the accuracy, 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 at his own responsibility.
5-2.our company does not hire an Instructor and the Instructor agrees in advance that there will be no employment agreement between our company and the Instructor.
5-3.our company will do its utmost to ensure the safety of the site so that instructors can provide lessons with peace of mind, but we do not guarantee that.
5-4.When using this service, the instructor 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 Instructor, the prior communications accompanying the implementation of such lessons, and Customer Service is not at the level required under this Article No.4, our company may, at its discretion, refund the Service Fee with cancellation of the Lesson Fee without prior notice to the Instructor. our company may, at its discretion, remove a lecturer from its registration list if the lecturer’s attitude toward customer service or attitude toward the students is significantly different from the level required by our company.
5 -6 lessons shall in principle be provided by the Instructor and our company shall not provide them unless otherwise deemed necessary by our company.
5-7.our company is not obligated to assess or manage the lessons provided by the Instructor and the information provided to each other between the Instructor and the Student.
5-8.our company makes no warranty of any kind with respect to the truthfulness, certainty, reliability, usefulness, etc. of the personal information of instructors and students and other information posted by instructors and students.
5-9.our company assumes no responsibility for any violation of laws or regulations by the Instructor in connection with the Services.
5-10.our company shall not be liable for any information, files or materials mutually provided between the students and the instructor, and the students agree in advance to indemnify our company against any and all damages or losses of any kind incurred by the students as a result of such information, files or materials.
5-11.The instructor shall not provide the students with any information, files, or materials for any purpose other than the performance of the lesson contract made by the service, unless otherwise permitted by our company.

6.Trouble with other tutors

In the unlikely event that a trouble arises between the lecturer and another lecturer, participant or any other third party, such as that the lecturer suffers any damage or inconvenience from another participant, lecturer or any other third party, the lecturer shall settle the matter at his/her own responsibility and expense, and in the event that our company incurs any damage in connection with such trouble, he/she shall be immediately liable to compensate for any such damage (including but not limited to reasonable attorneys’ fees.). In the event that our company resolves the problem, the instructor will bear all the expenses required to resolve the problem (including but not limited to reasonable attorneys’ fees.).

7.Tutor registration

7-1.Lecturers shall enter their name, gender, email address, desired password, country of residence and other information separately designated our company by our company into the input form of the Lecturer Registration page on the website, and apply for Lecturer Registration (Hereinafter referred to as “Application for instructor registration”.) by sending this information to our company or by other methods separately designated by our company. Lecturers shall not allow third parties to apply for lecturer registration and shall not enter false information when applying for lecturer registration.
7-2.our company shall accept the lecturer registration application by sending an e-mail to the lecturer approving the application or by other methods separately prescribed by our company.
7-3.our company may not accept an application for an instructor’s registration without disclosing the reason in any of the following cases:.
① Cases where it is found that the application for instructor registration has been made by a third party other than the instructor (However, unless otherwise approved by our company.)
② Cases where it is found that the contents entered at the time of application for instructor registration are false, incorrect or missing.
③ In the event that it is found that the lecturer has been subjected to cancellation of the lecturer’s registration due to violation of this Agreement, etc.
④ Other cases where our company determines that it is inappropriate to accept the instructor registration application.
7-4.Lecturers shall immediately notify our company of any changes to the name, email address, country of residence and other information separately provided by our company when applying for lecturer registration in a manner separately provided by our company.
7-5.A lecturer may cancel his/her registration as a lecturer through procedures separately prescribed by our company. However, this is not the case if you have a fixed lesson plan.

8.Suspension of the provision of this service ・ Cancellation of instructor registration by our company

Our company may terminate the provision of the Services or cancel the instructor’s registration without prior notice if the instructor falls under any of the following items:.

① In the event that it is found that the lecturer’s registration has been cancelled due to violation of this Agreement, etc.
② Where the qualified consumer organization has engaged in any of the acts set forth in the items of Article 13
③ In addition to what is provided for in the preceding two items, in the event of a violation of these Terms.
④ If it is judged that the customer service attitude of the participants and the way of thinking in providing lessons do not meet the standards required by Article 5, Item 4
⑤ If it is judged that the reliability of this site will be damaged if the lesson is provided continuously.
⑥ In other cases, if our company determines that it is inappropriate to provide the Services or maintain an instructor’s registration.

9.Management and use of passwords

9-1.Instructors are solely responsible for the management and use of passwords issued to instructors by our company (Hereinafter referred to as “Password”.), and our company assumes no responsibility for the management of passwords.
9-2.The Instructor shall not transfer, lend, disclose or allow any third party to use the Password unless otherwise permitted by our company.
9-3.The instructor who holds the password shall bear all responsibility for any error in the use of the password or any disadvantage, damage, alteration, etc. due to the unauthorized use of the password by a third party, and our company shall not be held liable in any way.
9-4.The Instructor shall immediately notify our company of any unauthorized use of the password, such as unauthorized use by a third party, and shall comply with any instructions from our company.

10.cost burden

10-1.The Instructor shall prepare all necessary hardware (Including but not limited to PCs, headsets, microphones, earphones, etc.), software (including, but not limited to, the calling software described in Section 18 (1) below.), communication lines and other necessary items to use the Services or provide lessons at his/her own expense and responsibility.

10-2.Lecturers understand that, in addition to the provisions of the preceding paragraph, the use of this service or the provision of lessons will incur and bear the costs of communications such as telephone charges, Internet connection charges, electricity charges and other costs.

11.Lessen fee

11-1.The amount of the Lesson Fee shall be in accordance with the our company Regulations.
11-43.our company shall transfer the lesson fees for the previous month to the bank account previously approved by our company and designated by the instructor by 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 Instructor. If the said bank is an overseas bank account and the remittance amount is less than 50,000 yen, the remittance amount shall be 500 yen/installment 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 instructor.

11-6.Notwithstanding the provisions of the preceding paragraph, our company may withhold the remittance of losses if any of the following items applies:.
① If a student requests a refund from our company
③ If our company determines that the Instructor is, or may be, in breach of these Terms.
④ In the event that our company is unable to pay the lesson fee due to errors or deficiencies in the bank account or other information provided to our company by the Instructor under Paragraph 4 of this Article
⑤ In addition, if our company determines that it needs to withhold the payment of the lesson fee.
11-7.If, for the reasons stated in (4) of the preceding paragraph, the remittance cannot be made, or if, despite the payment, the remittance is returned to our company due to an error or lack of account information, the remittance must be made again only if the remittance is requested within one month from the date of remittance. When remitting a remittance, the remittance shall be made after deducting the remittance fee designated by our company.
11-8.In the event that our company responds to a request for a refund from a trainee in accordance with the Student Agreement and the provisions of “Cancel Policy (For Students)” separately stipulated by our company, the obligation to pay the lesson fee to the trainer and the obligation to transfer the lesson fee corresponding to the use point to the lecturer in our company shall cease, and if the lesson fee has already been transferred, the lecturer shall immediately return the amount equivalent to the transferred lesson fee to our company.
11-9.The Lesson Fee shall be calculated in Japanese yen and the payment shall be made in the payment currency chosen by the Instructor.

12.lesson contract

12-1.The lesson contract shall be executed when the instructor sends an e-mail to the effect that he/she accepts the lesson reservation by the student using the system on this service.
12-2.The Instructor agrees in advance that students may apply for or cancel a lesson contract based on the “Cancel Policy (For Students)” separately provided by our company.
12-3.our company shall comply with the “Cancel Policy (For Instructors)” separately stipulated by Ricoh regarding matters such as whether an application for a lesson contract that an instructor has received from a student can be rejected, whether a lesson contract after its formation can be cancelled or if the lesson time is changed, and how to handle cases where a lesson contract after its formation is cancelled.
12-4.If any of the following events occurs or is expected to occur, our company may request the Instructor to provide such information as our company deems necessary and the Instructor shall immediately respond to such request.
① If the instructor or student cancels the lesson contract after it has been established
② Cases falling under any of the items of Paragraph 5 of Article 11
③ In other cases, if our company deems it necessary.

13.prohibited matter

13-1.Lecturers shall not engage in any of the following activities in connection with the use of the Services or the provision of lessons:.
① Act of providing lessons and other services that require legal or medical advice, qualifications, permissions, authorizations, registrations, licenses, etc. in spite of not obtaining qualifications, permissions, authorizations, registrations, licenses, etc.
② Provision of lessons and other services that contain information on crime and discrimination, and other acts that lead to crime
③ Provision of lessons and other services that are contrary to public order and morals
④ Acts of transmitting or posting words, acts, images, documents, etc. that constitute obscenity or child abuse
⑤ Acts of using the Services for purposes other than providing lessons such as the purchase and sale of goods
⑥ Acts that infringe or are likely to infringe the property, privacy, portrait rights, or publicity rights of other lecturers, students, other third parties, or our company
⑦ The act of transmitting or posting information that is contrary to the facts
⑧ An act of falsifying or erasing information available through the Services or an act of attempting to do so
⑨ Acts that infringe or are likely to infringe intellectual property rights such as copyrights, trademark rights, etc. of other lecturers, participants, and other third parties or our company.
⑩ An act of discriminating against or defaming another lecturer, a trainee or any other third party or our company, or damaging the reputation or reputation of another lecturer, a trainee or any other third party or our company
⑪ Any act of sending an E-mail containing advertisements, advertisements, or solicitations to another lecturer, participant, or any other third party, or to our company, without permission; any act of sending an E-mail that the recipient loathes; any act of obstructing the receipt of an E-mail by another person; any act of requesting a third party to perform Multilevel Marketing E-mail Forwarding; or any act of forwarding an E-mail in response to said request
⑫ Acts for the purpose of soliciting religion, political associations, multi-level marketing, etc.
⑬ Election campaign or acts similar thereto or acts in violation of the Public Offices Election Act
⑭ Acts of using or providing harmful programs such as computer viruses, or acts of recommending
⑮ Act of impersonating another lecturer, student, or other third party to use the Services
⑯ Acts of attempting unauthorized access to other computer systems or networks connected to the Services
⑰ a violent or unwarranted demand that exceeds legal liability
⑱ Acts of threatening behavior or using violence in connection with transactions
⑲ An act of spreading rumors, using fraudulent means or using force to damage the reputation of the opponent, or obstructing the opponent’s business
⑳ In addition to what is provided for in the preceding items, any act that is contrary to laws and regulations or public order and morals (These include, but are not limited to, prostitution, violence and cruelty.), or any act that is disadvantageous to other instructors, students, other third parties or our company.
㉑ The act of introducing or mediating services that compete with or may compete with the Services to other lecturers, participants, and other third parties
㉒ The act of providing information about the Service, which may come to your knowledge as an instructor, to a third party that competes with or may compete with the Service
㉓ Acts that promote or promote the acts specified in the preceding items
㉔ Other acts deemed inappropriate by our company
13-2.The lecturer shall not use the information about the student that he/she learns in relation to this service for any purpose other than using this service and performing the lesson contract concluded by the matching service, even during the course of the lecturer registration and after the cancellation of the lecturer registration, and shall not apply for a lesson directly to the student included in the information without using this service.

14.responsibility of the lecturer

The Lecturer represents and warrants to our company the matters set forth in each of the following items and agrees in advance that our company shall have no responsibility whatsoever for any violation of the matters set forth in each of the following items by the Lecturer:.

① The information that the lecturer is uploading on this site and other information that the lecturer is providing to our company is accurate and up-to-date.
② Truth, accuracy, reliability, usefulness, etc. of the information and lessons provided by the instructor to the students
③ Fulfill the contents of the lesson agreement (This includes, but is not limited to, lesson contents and lesson time.).
④ In accordance with the laws and regulations of the country of origin and the country of residence of the lecturer, the lecturer shall assume all responsibility for handling tax and tax payment procedures, etc. with respect to the lessons received from our company.

15.Information uploaded by e-mail, etc.

15-1.our company assumes no responsibility for the contents of emails or uploaded information created by instructors, students or other third parties.
15-2.Lecturers shall be fully responsible for their email transmission, uploading of information, etc., their interaction with the email service provider and any other terms, warranties or representations associated with such interaction, and you agree to indemnify our company against any and all damages or losses of any kind incurred as a result of such interaction.

16.Handling of Confidential Information, etc.

16-1.The Instructor shall provide our company with personal information of the Instructor and other information related to the Instructor (Hereinafter referred to as “Personal Information, etc.”.) separately designated by our company as information necessary for using the Services and providing the Lesson at the time of the Instructor Registration application or 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.In addition to what is specifically set forth in these Terms, Lecturers shall strictly maintain the confidentiality of any information concerning other lecturers, participants, other third parties, and our company (Hereinafter referred to as “confidential information”.) obtained in connection with the use of the Services or the provision of lessons, not in any way disclose or divulge such information to third parties, or use such information for any purpose other than the use of the Services and the performance of lesson agreements executed by the Matching Services, even during and after the de-registration of lecturers.
16-3.Lecturers shall immediately return or destroy any information, files or items received from our company in accordance with our company’s instructions upon our company’s request or upon termination of the Lecturer’s registration.
16-4.Instructors should not use the Services to provide other instructors with information about the content of the lessons. However, this shall not apply to information posted on the Site in accordance with Paragraph 1 of this Article.
16-5.In addition to what is specifically set forth in these Terms, Lecturers shall not provide other Lecturers, students, or other third parties with information about the Lesson Fees or information about services that compete or may compete with the Services.

17.license grant

The Instructor grants our company a non-exclusive, free and perpetual, sub-licensed license to use, publish, display, reproduce, modify, translate, distribute and delete worldwide the Information Instructor uploads to our company Site profile pages and other web pages (including but not limited to information arising from or derived from such information.). The information for which our company is licensed by the Lecturer under this Article shall include all information, including text, photographs, paintings, music and evaluations, other than personal information uploaded by the Lecturer to his/her profile page or other web page on the our company Site.

 

18.Use of the calling software

18-1.The Instructor shall use our company designated online speech software (Hereinafter referred to as “calling software”.) provided by a third party to provide the Lessons.
18-2.The Instructor shall comply with the terms of use, terms of use, and other terms and conditions of the third party providing the calling software when using the calling software.
18-3.Prior to registering as an instructor, you must download the calling software and verify that it is available in your environment.
18-4.our company assumes no responsibility whatsoever for the failure of the Instructor to provide Lessons due to the inability of the Instructor to use the speech software in his or her environment, a hardware failure, improper configuration, or any other cause on the part of the Instructor.

19.Non-warranty and Disclaimer

19-1.our company makes no warranty of any kind with respect to the accuracy, accuracy, certainty, reliability, usefulness, etc. of the information provided in the Services and the quality, reliability, usefulness, etc. of the Services and the lessons, and assumes no responsibility for any damage or loss incurred by the students in relation to these.
19-2.our company shall not be liable for any damage or loss suffered by students as a result of suspension of the provision of the Service, cancellation of student registration, suspension, modification, addition, or abolition of the Service.
19-3.our company shall not be liable for any damage or loss suffered by an Instructor due to any act or omission of a third party including other Instructors.
19-4.Except as specifically provided in these Terms, our company shall not be liable for any damages or losses suffered by the Instructor in connection with the use of the Services.
19-5.our company shall not be liable for any damage or loss caused to other instructors, students, or other third parties by instructors in connection with the use of this service.

20.Relationship with Advertisers, etc.

20-1.Lecturers agree that if they participate in the promotional activities of advertisers and other business entities (Hereinafter referred to as “Advertisers, etc.”.) for advertisements posted on the Site, any trouble that may arise between the Lecturer and the advertiser should be resolved between the Lecturer and the advertiser.
20-2.our company shall not be liable for any action by third parties including links provided by advertisers, websites operated by advertisers, or persons contacted and contacted by instructors through the use of the Services or Software.
20-3.Lecturer agrees in advance to indemnify our company against any damage or loss caused to Lecturer by advertisers or other third parties.

21.Interruption of the provision of this service

Our company may suspend the provision of the Services without prior notice to the Instructor if any of the following applies:.

① In the event that it is unavoidable for the maintenance or construction of the facilities for this service
② If the equipment for this service fails and is unavoidable
③ Where the use of telecommunications services has become impossible as a result of telecommunications services provided by telecommunications carriers
④ In addition, in the event that our company deems it necessary to suspend the Services temporarily for operational or technical reasons.

 

22.Changes or additions to the contents of this service

Our company may make changes or additions to the Services without prior notice to the Instructor.

23.Termination of the Service

Our company may terminate the Service upon notice to the Instructor.

24.attribution of rights

Unless otherwise specified, all intellectual property rights such as copyrights, trademark rights, portrait rights, publicity rights and any other rights relating to information, etc. (Including but not limited to video, audio, text, photographs, images, etc.) provided by our company in the Services shall belong to our company.

25.Amendments to the Terms

25-1.our company may revise these Terms, our company’s Terms of Use, etc. without the consent of the instructor.
25-2.These revised Terms, the Terms of Use, etc. provided by our company shall become effective as from the time our company notifies the Lecturer of the contents of the revision in accordance with Article 3, Paragraph 2.

26.compensation for damages

Except as specifically provided in these Terms, Lecturer shall be immediately liable to our company for any and all damages (including but not limited to reasonable attorneys’ fees.) caused to our company by reason of violation of these Terms, or by intent or negligence.

27.Prohibition of transfer of rights and obligations and provision of security

Lecturers shall not transfer or succeed to the rights and obligations under these Terms, in whole or in part, to a third party or provide them as collateral.

28.Elimination of Antisocial Forces

The Instructor represents and warrants that it does not and will not:.

① The person himself/herself is an organized crime group, an organized crime group member, a person for whom five years have not passed since he/she ceased to be an organized crime group member, an organized crime group associate member, an organized crime group affiliated company, a corporate racketeer, a group calling for social movements, etc., a special intelligence violence group, etc. or any other person equivalent thereto (hereinafter referred to collectively as “Organized Crime Group Members, etc.”).
② A relationship in which an organized crime group member, etc. is found to have control over the business
③ A relationship in which an organized crime group member, etc. is found to be substantially involved in the management
④ Having a relationship that is found to involve the use of an Organized Crime Group Member, etc., such as for the purpose of acquiring an illicit gain for oneself or a third party, or for the purpose of inflicting damage on a third party
⑤ Having a relationship with an organized crime group member that is found to be involved in providing funds, etc. or facilities, etc.
⑥ An officer of the organized crime group or a person who is substantially involved in the management of the organized crime group has a relationship with the organized crime group member, etc. that should be socially criticized

29.Governing law

The governing law for these Terms shall be Japanese law.

30.competent court

Lecturers and our company agree that if any litigation becomes necessary between Lecturers and our company or between students and Lecturers in connection with the Services, the Tokyo District Court or the Fukuoka Summary Court shall be the exclusive agreed court of first instance in accordance with the amount of such litigation.

31.Language

These Terms and Conditions shall be written in Japanese, and if the contents of these Terms and Conditions written in Japanese and those written in English are different, the contents of these Terms and Conditions written in Japanese shall be followed.

32.survival clause

The provisions of Article 2, Article 3, Article 5 (1) to (3), Article 5 (5) to (8), Article 6, Article 9, Article 10, Article 11 (2), Article (5) to (7), Article 12, Article 14 to Article 17, Article 18 (4), Article 19, Article 20, Article 24, Article 26 and this Article shall remain in force even after the cancellation of instructor registration.

33.negotiated settlement

Any matters not provided for in these Terms or any matters regarding which there is doubt regarding the interpretation of these Terms shall be resolved after consultation between the Lecturer and our company in good faith.

34.Supplementary Provisions

Established on August 28, 2020