Article 1: Definition
The definitions of terms in the Terms of Service (hereinafter referred to as the “Agreement”) shall be as follows: “Member” refers to the corporations, organizations, associations, or individuals who have approved this Agreement and applied for the use of the services specified in Article 2 in accordance with the procedures established by the Company. “User” refers to individuals designated by the Member through the list of participants at the time of service application, who are granted access to and use of the services specified in Article 2. “Member” and “User” are collectively referred to as “Members, etc.”
Article 2: Purpose
This Agreement establishes the terms and conditions for the use of the services provided by Value Shift Inc. (hereinafter referred to as “the Company”), including “JBe School” and services related to JBe School (hereinafter collectively referred to as “the Services”), as well as the website associated with the Services, referred to as “the Site.” Members, etc. are required to use the Services in accordance with this Agreement. For information regarding the handling of personal data, please refer to the Privacy Policy of the Services (hereinafter referred to as the “Privacy Policy”) and Section 5-2 of this Agreement.
Article 3: Formation of Contract
1. The usage contract for the Services (hereinafter referred to as “this Contract”) is established when customers who wish to use the Services agree to the contents of this Agreement and the Privacy Policy, register their member information, and submit an order form in the format specified by the Company (hereinafter referred to as “this Order Form”) through the method of application specified by the Company (hereinafter referred to as “Order Form Application”), or through the method specified by the Company on the Site (hereinafter referred to as “Web Application”), and the Company accepts it. Members, etc. are required to agree to this Agreement and the Privacy Policy, and upon confirming that Users have also agreed to this Agreement and the Privacy Policy, proceed with the application or purchase of the Services.
2. Members, etc. can start using the Services from the usage start date specified in the order form application (hereinafter referred to as the “Contract Formation Date”) or from a date agreed upon separately with the Company.
3. In cases where minors wish to use the Services, the consent of their legal guardian is required. If a minor becomes a member, etc., it will be assumed that there was consent from the legal guardian regarding the use of the Services and the contents of this Agreement and the Privacy Policy.
4. Even if a specific department of a corporation applies for the contract, this Contract is established between the Company and that corporation, and the said corporation shall have rights and obligations under this Contract.
Article 4: Members, etc.
1. Customers shall apply for membership by submitting an order form containing their email address and any other information required by the Company. By the establishment of this Contract between the customer and the Company based on the preceding clause, the customer shall obtain the qualification as a member, etc. Please note that the ID for logging into the Services will be the login ID.
2. Customers who obtain membership, etc. qualifications can use the Services provided by the Company.
3. Members have an obligation to properly manage Users, and if Users violate this Agreement, Members shall be jointly responsible with the Users. If Users violate this Agreement, the Company may consider it a violation by the Member. If Users engage in actions within the Services that contravene this Agreement or applicable laws and cause damage to the Company or third parties, the Member and the User shall be jointly responsible for compensating for such damages
Article ５:Management of Member Information
1. Members shall ensure that their member information, including their email address, is truthful and accurate. Additionally, if there are any changes to the member information, members shall promptly notify the Company of these changes in writing via electronic mail or other means. The Company shall not be held responsible for any disadvantages or inability to use the Services and other inconveniences that may occur if emails cannot be delivered to members due to incorrect email addresses.
2. Members, etc. shall be responsible for managing their Member IDs, etc. Members, etc. are responsible for all aspects of the management and use of their login IDs and passwords (hereinafter referred to as “Member IDs, etc.”).
3. Member IDs, etc. may only be used by members and users. Members shall not transfer, sell, lend, or otherwise dispose of their Member IDs, etc., and such disposals shall have no effect on the Company.
4. The Company shall only verify the identity and access authorization of members through the verification of Member IDs, etc., and shall not be obligated to verify the identity of members through any other methods or means.
5. The Company shall not be responsible for any damages caused by the use, transfer, sale, lending, etc. of Member IDs, etc. by third parties or in ways not specified by the Company.
6. If members lose their Member IDs, etc. or discover that they have been stolen or used by a third party, they shall immediately report this to the Company and follow the Company’s instructions.
7. The Company may use member information (such as email addresses) to send various notifications to customers, including notices of temporary service suspension and other information.
Article 5-2: Use and Outsourcing of Member’s Personal Information
1. Members, etc. agree that the Company will collect and use their personal information for the purposes stated in the Privacy Policy. For details on the Privacy Policy, please refer to the attached Privacy Policy.
2. Members, etc. consent to the provision of their personal information and supplementary information necessary for e-learning operations to Corporation A, a partner company of the Company, and agree to its use by Corporation A.
3. The use of personal information by the Company may include the collection and use of personal information related to members, etc., such as browsing history, search history, access history including web page viewing history, location information, access analysis data, cookies, and other personally identifiable information, obtained by the Company from data received from affiliate sites, data analysis tool providers, advertising distributors, and other partners (hereinafter referred to as “partners”), linked to the personal information of members, etc. Members, etc. consent to such use by the Company.
4. The use of personal information by the Company may also include providing partners with personal information related to members, etc., such as web page viewing history, search history, location information, access analysis data, cookies, and other personally identifiable information collected by partners, linked to the personally identifiable information obtained by the Company, based on the presence or absence of registration with the Company by members, etc., and the purchase of specific courses or supplementary services, etc. Members, etc. consent to such use by the Company and partners.
5. Members shall obtain prior consent from users regarding the handling of personal information as specified in the preceding paragraphs and in the Privacy Policy when using the Services, etc.
6. Members, etc. are considered to have consented to the handling of personal information as specified in the preceding paragraphs and in the Privacy Policy when using the Services, etc.
Article 6: Desription of the Services
- 1. The Company strives to provide accurate explanations of the Services to the best of its ability. However, the Company does not guarantee that the Services or other content on the Site are accurate, complete, commercially useful, reliable, up-to-date, or free from errors.
- 2. The Company does not guarantee that the information published on the Site, as well as the products, sample versions of the Services, downloadable brochures, and all other content (hereinafter referred to as “Content”) are always available for viewing, browsing, etc. The Company reserves the right to delete, modify, or make other changes to the Content at any time and shall not be responsible for any damages incurred by members as a result of such deletion, modification, or changes.
Article 7: Usage Fees
1. Members shall, (i) if they apply by submitting an order form, pay the usage fees specified in this order form to the Company by the payment due date specified in this order form, using the method specified in this order form, and (ii) if they apply via the web, pay the usage fees specified on this website to the Company by the payment due date specified on this website, using the method specified on this website. The member shall bear the cost of transfer fees and any other payment-related fees.
2. In the event of a change in usage fees, the Company will notify members in advance through the method specified by the Company for such changes. In the event that this Agreement is renewed, the revised usage fees shall apply. Please note that even if the usage fees are changed, the Company will not refund the difference between the usage fees at the time of purchase and the revised usage fees, nor will the Company invoice members for such difference.
3. If a member delays payment of usage fees, the member shall pay the Company a late payment charge at an annual rate of 14.6%.
Article 8: Exchange, Cancellation, Return, and Refund
1. Due to the nature of the Services, except for the exceptions specified in this Article, cancellation, return, and refund are not possible, so please be aware of this in advance.
2. If the member is unable to use the Services due to a reason that cannot be resolved by the Company and for which the member is not at fault, and the member notifies the Company by electronic mail or in writing within 8 days of the conclusion of this Agreement, the member may cancel this Agreement and receive a refund. However, in the case of physical products or physical accompanying materials associated with products or services, please send all such physical products and accompanying materials to the Company. The Company will refund the amount after they have been received by the Company.
3. The Company’s responsibility for defects related to the Services is limited to what is specified in this Article. The Company shall not be liable for any damages or compensation other than what is specified in this Article, including loss of profits or opportunities.
Article 9: Copyright and Intellectual Property Rights
1. The Company holds the copyright to the Content, and the Content is protected by copyright law. In addition, patent rights, utility model rights, design rights, trademark rights, know-how, ideas, and other intellectual property rights or business interests related to inventions, designs, trademarks, know-how, ideas, and the like contained in the Content (collectively referred to as “Intellectual Property Rights, etc.”) belong to the Company.
2. Members, etc. may use the Content for their own use only. Members, etc. are strictly prohibited from reproducing, modifying, selling, transferring, redistributing, lending, publicly transmitting, or otherwise using the Content beyond their own use without permission.
3. In the event of a violation of copyright laws, etc., by members, etc., or in the event of infringement of Intellectual Property Rights, etc., belonging to the Company as specified in Article 1, the Company may cancel the member’s registration at its discretion, and members, etc. shall be liable to the Company for legal responsibilities (including claims for injunctions, liability for damages, criminal penalties, etc.) arising from such violations or damages, and shall be responsible for compensating the Company for any and all damages resulting from such violations or damages.
Article 10: Prohibition of Assignment
Members may not assign, transfer, pledge, or otherwise dispose of their status under this Agreement or the rights or obligations based on these Terms to third parties without the prior written consent of the Company.
Article 11: Withdrawal
Members may withdraw from the Services, etc. by following the method specified by the Company and providing prior notice. However, the Company shall not be obligated to refund fees that have already been paid, and members shall not be exempt from the obligation to pay the full amount of usage fees already incurred as a result of the conclusion or renewal of this Agreement.
Article 12: Infringement of Product or Service Rights
1. The Company provides the Content based on the laws and regulations in effect at the time of writing and does not guarantee that it will always provide the latest information in accordance with subsequent revisions. While the Company will make reasonable efforts to ensure that the Content does not infringe on the intellectual property rights or other rights of third parties, it does not guarantee that the Content complies with the latest laws and regulations or does not infringe on the intellectual property rights or other rights of third parties.
2. In the event that the Content contains an obvious error or infringement of established interpretations of laws and regulations in effect at the time of writing, or in the event that the Content infringes on the intellectual property rights or other rights of third parties, the Company will provide Content that does not contain such obvious errors or infringements. The Company’s responsibility for the Content shall be limited to what is specified in this Article, and the Company shall not be liable for any damages or compensation other than what is specified in this Article.
Article 13: Interruption of Service Provision
The Company may temporarily suspend all or part of the provision of the Services in the following cases. In such cases, the Company will make efforts to notify members in advance by email or other means to the extent possible. However, in emergencies, the Company may temporarily suspend all or part of the provision of the Services without prior notice to members.
(1) When regular or emergency maintenance of the system related to the Services is required.
(2) When the provision of the Services becomes impossible due to natural disasters such as earthquakes, fires, tsunamis, floods leaks, power outages, or interference by third parties.
(3) In the event of a service interruption or maintenance by service providers necessary for the provision of this service, such as server companies or payment system companies.
(4) In any other situation where the Company deems it necessary to temporarily suspend this service.
Article 14 Prohibited Actions of Members
Members and others shall not engage in the following actions when using this site and the services, and members are obligated to ensure that users comply with this article.
1. Infringement of copyrights, intellectual property rights, and other rights of the Company, other members, and third parties on this site and the services.
2. Defamation, slander, actions that damage property, credit, reputation, or any other actions against the Company, other members, or third parties on this site and the services.
3. Solicitation, defamation, actions that damage property, credit, reputation, privacy rights, image rights, or any other rights of other members, or third parties on this site and the services.
4. Alteration or reverse engineering of programs or databases on this site and the services.
5. Access to this site from computers, smartphones, tablet devices, or any other devices infected with computer viruses or other harmful programs.
6. Unauthorized use of other members’ member IDs, etc.
7. Acts that violate laws, public order, or morals, or actions that may pose such risks.
8. Actions that encourage or incite crimes or criminal activities.
9. Actions that cause damage to the Company or service users or interfere with the operation and business of the Company or other companies.
10. Any other actions deemed inappropriate by the Company.
Article 15 Exclusion of Anti-Social Forces
1. When it is discovered that a member or the Company, the agent of the other party regarding the conclusion of this contract, or the intermediary who mediated the conclusion of this contract is an anti-social force (meaning organized crime groups, members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, extortionists, social movement racketeers, special intelligence violence groups, or any other groups or individuals pursuing economic interests through violence, intimidation, or fraudulent means; the same applies below), the Company may immediately terminate this contract without prior notice by notifying the other party in writing.
2. When the other party or a member or the Company discovers that the other party has engaged in any of the following acts, the Company may immediately terminate this contract without prior notice by notifying the other party in writing.
(1) Violent demands.
(2) Unfair demands exceeding legal responsibility.
(3) Threatening or using violence in transactions.
(4) Disseminating rumors, damaging credit using deception or coercion, or obstructing business using fraudulent or coercive means.
(5) Any other acts similar to the above.
3. In the event that it is discovered that the other party, the agent of the other party regarding the conclusion of a related contract or the intermediary who mediated the conclusion of a related contract related to this contract is an anti-social force, the Company may request the other party to take necessary measures, including the termination of the related contract.
4. Notwithstanding the preceding paragraph, if the other party refuses to take necessary measures despite a request based on the preceding paragraph and without legitimate reasons, the member or the Company may immediately terminate this contract without prior notice by notifying the other party in writing.
5. Except as provided in the preceding paragraphs, if it is found that the directors, auditors, employees, or other members of the other party, or the other party has any interaction or involvement with anti-social forces, including financial support or other means, in connection with this contract, the member or the Company may immediately terminate this contract without prior notice by notifying the other party in writing.
6. Parties that terminate this contract based on this article shall not be liable for any damages incurred by the other party as a result of such termination.
Article 16 Revocation of Membership Qualifications
The Company may, without prior notice, revoke the membership qualifications of a member if the member falls under any of the following:
(1) When there is an act that violates Article 14 “Prohibited Actions of Members” by a member or a user.
(2) When there is an act that violates these Terms and Conditions other than the preceding paragraph by a member or a user.
(3)When it is discovered that false information was provided at the time of membership registration or when updating member information.
(4) When fees are unpaid or payment of fees is delayed.
(5) When there has been no use of the services, including this site, for more than 90 days and there is no response to communication from the Company.
Article 17 Disclaimer
1. In no event shall the Company be liable for damages arising from reasons beyond the control of the Company, regardless of whether such damages are foreseeable or notified by the member, including special circumstances, indirect damages, incidental damages, data loss, or lost profits.
2. Members are responsible for preparing and maintaining the equipment and communication environment, such as computers, smartphones, software, and communication lines, necessary to receive the services, and the Company shall not be liable for any loss or damage to information owned by the member, whether due to the member’s installation of the Company’s products or services on the member’s computer, smartphone, etc., or for any other reason.
3. Transactions, communications, disputes, etc., between members, users, and third parties related to this service or this site shall be the responsibility of the members, and the Company shall not be liable for any such matters.
4. The Company does not guarantee the condition of the services provided on this site, including display speed, accessibility, usage condition, and absence of interruptions, unless expressly provided for in these Terms and Conditions.
5. If the Company is liable for damages to the member due to non-performance of obligations based on these Terms and Conditions or for any other reason attributable to the Company’s fault or due to other justifiable reasons, the amount of compensation shall be limited to the total amount of usage fees for the services actually received by the Company in the past year from the time when the cause of the damage occurred.
Article 18 Liability for Compensation, etc. by Members, etc.
1. Members, etc., shall compensate the Company for any damages caused to the Company by violating these Terms and Conditions or using the services related to this site.
2. If members, etc., receive claims from other members, users, or third parties or have disputes with them related to the services, they shall handle and resolve such claims or disputes at their own expense and responsibility.
3. If, in connection with the use of the services, the Company receives claims from other members, users, or third parties due to infringement of rights or other reasons, members, etc., shall compensate the Company for the amount paid to such third parties based on such claims.
Article 19 Discontinuation of Service Provision
If there is a reasonable cause, the Company may discontinue all or part of the provision of the services. In this case, the Company shall notify the members in writing or by email six months prior to the discontinuation date.
Article 20 Term
1. This contract shall become effective on the date when this contract is concluded for members in accordance with Article 3, and it shall remain in effect until the expiration date of the usage period specified at the time of application, which shall be determined as follows: (i) In the case of application by order form application, until the expiration date of the usage period specified in this order form. (ii) In the case of web application, until the expiration date of the usage period selected by the member at the time of application, within the period specified on this site.
2. If neither the member nor the Company objects to the same content of the contract until one month before the expiration date, the usage contract shall remain valid for one year with the same content, and the same shall apply thereafter.
Article 21 Confidentiality
1. In these Terms and Conditions, “Confidential Information” means all information regarding the Company’s technology, business, operations, finances, organization, and any other matters that members have provided or disclosed in writing, orally, or through recording media or have acquired knowledge of from the Company in connection with this contract or the services. However, the following information shall be excluded from Confidential Information: (1) Information that was already publicly known at the time of disclosure or acquisition from the Company, or was already known to the recipient. (2) Information that became publicly known through publication or other means after it was disclosed or acquired from the Company, without any fault on the part of the recipient. (3) Information lawfully obtained without being obligated to maintain its confidentiality by a third party with the authority to disclose or disclose it. (4) Information developed independently without the use of Confidential Information. (5) Information for which the need for confidentiality has been confirmed by the Company in writing.
2. Members shall use Confidential Information only for the purpose of using the services and shall not provide, disclose, or leak Confidential Information of the Company to third parties without the Company’s prior written consent.
3. Notwithstanding the provisions of the preceding paragraph, members may disclose Confidential Information in response to orders, requests, or demands from laws, courts, or government agencies. However, in the event of such an order, request, or demand, the member shall promptly notify the Company of the same.
4. Members shall obtain prior written consent from the Company when duplicating documents or magnetic recording media containing confidential information, and they shall rigorously manage the duplicates in accordance with Paragraph 2.
5. Members must promptly, and at any time upon the Company’s request, return or dispose of all documents and other recording media, as well as all duplicates thereof, that contain or include confidential information, in accordance with the Company’s instructions.
Article 22 Governing Law and Jurisdiction
The governing law of these Terms and Conditions shall be Japanese law, and any disputes between customers and the Company arising from or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the court having jurisdiction over the Company’s principal place of business.
Article 23 Revision of the Terms
1. The Company may revise these Terms and Conditions without prior notice to members.
2. In the event of a revision of these Terms and Conditions, the Company shall announce the content of the revision and the effective date of the revision until the effective date of the revision, using the method specified by the Company. If customers use the services after the effective date of the revision has been announced, they shall be deemed to have agreed to the revision.
[Established on October 1, 2022]
[Revised on July 10, 2023]