Terms and Conditions
UNO Co., Ltd. (hereinafter referred to as the "First Party") prescribes the following Terms and Conditions with respect to the use of all of the services provided on "Spanish Online," operated by the First Party (hereinafter referred to as the "Service"). Users of this Service and those who register for it (hereinafter referred to as the "Second Party") are considered, through their registration, to have agreed to these Terms and Conditions.
(Registration for the Service)
Article 1
Paragraph 1
The Second Party applies to use this Service having confirmed and consented to the following items.
1. The Second Party will register for this Service having consented to these Terms and Conditions.
2. The Second Party will install and set up Skype on the device to be used for this Service. The Second Party will further acquire a Skype username and make Skype ready to be used.
3. The Second Party will accurately register his/her e-mail address, password, and other necessary items. The Second Party is further responsible for carefully managing information given at the time of registration.
4. The Second Party will confirm that his/her Internet connection and other telecommunications systems necessary for use of this Service are functioning properly.
5. If the Second Party is a minor, he/she will obtain the consent of a parent or legal guardian to use this Service.
6. The Second Party will pay the fees in the prescribed manner.
Paragraph 2
Once the Second Party has applied for the Service, the First Party may limit the Second Party's use of this Service until the Second Party's payment has been confirmed.
(Prohibited Acts)
Article 2
Paragraph 1
The First Party prohibits the Second Party from committing any of the following acts in conjunction with using this Service.
1. The act, by the Second Party, of transferring the right to use this Service to another party.
2. Any act that damages the First Party's honor or trustworthiness or infringes upon the First Party's copyrights, utility model rights, design rights, trademark rights, or rights of likeness.
3. Illegal acts or acts in violation of public order.
4. Acts that interfere with the operation of this Service.
5. Acts that use this service for business or commercial purposes, or the act of preparing to commit such acts.
6. Illegal acts, or acts leading to illegal acts.
7. Acts that harass instructors.
8. The act of disclosing instructor information not made available to the general public by the First Party, such as employment conditions, workplace, Internet connection, etc.
9. Acts of contacting instructors beyond the scope of what is necessary for lessons.
10. Acts of soliciting instructors for work or provision of service other than this Service.
11. Acts that interfere with customer service.
12. The act of sharing one account between multiple students.
13. Any other act deemed inappropriate by the First Party.
(Denial and Cancellation of Registration)
Article 3
If the Second Party corresponds to any of the following, the First Party may deny or cancel th Second Party's registration. Furthermore, in such cases, the First Party will not reimburse any fees that have already been paid.
1. The Second Party does not actually exist.
2. The Second Party provides fraudulent or incorrect information or omits information at the time of application.
3. The Second Party is already registered for the Service.
4. The First Party has previously canceled the Second Party's registration.
5. The Second Party's credit card is declined.
6. The Second Party is a minor, an adult ward, a person under conservatorship, or a person under assistance and did not receive the consent of his/her parent or legal guardian at the time of registration.
7. The Second Party commits any of the prohibited acts prescribed in the preceding Article.
8. The First Party determines that it is inappropriate for the Second Party to use this Service for any other reason.
(Changes to the Terms and Conditions)
Article 4
The First Party may change these Terms and Conditions without the consent of the Second Party. Changes to the Terms and Conditions take effect when they are posted to the web site. The Second Party consents in advance to the efficacy of such changes.
(Changes of User Information)
Article 5
If there are any changes to the information that the Second Party has registered with the First Party, the Second Party must update his/her registered information without delay. The First Party assumes no responsibility whatsoever for any damage or loss suffered by the Second Party as a result of the Second Party's failure to update registered information.
(Handling of User Information)
Article 6
Paragraph 1
The First Party will manage the Second Party's e-mail address in accordance with the First Party's separately prescribed Privacy Policy. However, in the following cases, the First Party may provide or disclose the Second Party's e-mail address to a third party.
1. If the Second Party provides consent.
2. The Second Party is ordered to disclose it by a public institution in accordance with the law.
Paragraph 2
The Second Party will carefully store and manage the information that he/she registered. The Second Party is responsible for any damage incurred due to forgetting, deleting, or improperly managing registration information, and the First Party assumes no responsibility whatsoever for such damage. The Second Party will inform the First party without delay if the Second Party becomes aware that his/her registration information has been used illicitly by a third party.
(Withdrawal)
Article 7
The Second Party may withdraw from the Service using the prescribed method. Withdrawal procedures are completed at such time as the Second Party is informed by the First Party via e-mail that the withdrawal procedures are complete. The Second Party will not be charged for a month's usage fees if the Second Party declares his/her intent to withdraw at least two days before the month's payment date. By withdrawing, the Second Party loses any and all rights associated with this Service and may make no further requests of the First Party.
(Service Provisions)
Article 8
The Second Party accepts and will follow the following Service Provisions.
Paragraph 1
The Second Party becomes able to use this Service upon making a credit card payment via PayPal for the usage fees prescribed by the First Party.
Paragraph 2
Once the Second Party has made the payment prescribed in the preceding Paragraph, he/she is considered to have the intent to continue to use the service, unless he/she completes the withdrawal procedures for this Service prescribed in the preceding Article. Furthermore, one month following the payment date at the end of the service period, the contract for the same fee will be automatically renewed, and the fee will be incurred.
Paragraph 3
The First Party has the right to change the price due to fluctuations in currency exchange rates, etc. If the First Party changes the price, the First Party will inform users of the change 30 days in advance of the date that the change goes into effect, provided that those users have completed the payment prescribed in Paragraph 1 and have not completed withdrawal procedures.
Paragraph 4
In order to provide the Second Party with improved services, the First Party may record lessons, content of learning materials, and information obtained during lessons and share that information with instructors.
Paragraph 5
The information prescribed in the preceding Paragraph may include the Second Party's personal information.
Paragraph 6
Information that the First Party obtains in accordance with Paragraph 4 will only be used to provide services to the Second Party.
(Service Period)
Article 9
Paragraph 1
The Second Party may begin to use this Service from the date that the First Party accepts the Second Party's registration.
Paragraph 2
The First Party may suspend use of this Service by the Second Party in accordance with the provisions of Article 3 and Article 7 of the Terms and Conditions. If the Service is suspended due to one of the reasons in Article 3, the date that the Service is suspended will be when the First Party informs the Second Party of the suspension. If the Service is suspended due to one of the reasons in Article 8, the date that the service is suspended will be the final day of the month in which the Second Party expresses the intent to withdraw from the Service.
(Service Interruption and Termination)
Article 10
Paragraph 1
The First Party may interrupt or terminate this service and inform users of the interruption or termination either before or after the fact via the web or e-mail. Furthermore, the First Party may interrupt this Service when it becomes difficult to provide the service due to circumstances not attributable to the First Party, such as natural disasters, malfunctions in Skype, and network malfunctions.
Paragraph 2
The First Party may be unable to provide the Service, or may be able to provide significantly fewer lessons than usual on Guatemalan holidays (Easter, Christmas, etc.).
(Distribution of Information)
Article 11
The First Party may send notifications, advertisements, surveys, etc. to the Second Party via e-mail.
(Use of Skype)
Article 12
The First Party provides this Service using the Skype service provided by Skype Technologies. The Second Party consents to the following items when using Skype.
1. The Second Party will abide by Sykpe Technology's rules and regulations with respect to its communications software features and Terms and Conditions.
2. The Second Party will install the Skype software, prepare a headset needed to use the system, and confirm that it works before starting to use this service.
3. The First Party accepts no responsibility whatsoever if the Service cannot be used due to malfunctions or incorrect configurations in the software or hardware needed to use the Service.
4. The First Party assumes no responsibility for for Skype malfunctions.
5. The Second Party is responsible for any files or URLs he/she opens that are sent by the instructor through the Skype chat window. The First Party assumes no responsibility for these files or URLs whatsoever, even if they result in damage such as infection with a computer virus.
6. The Skype username registered by the Second Party will be disclosed to the instructor so that the instructor can provide the lesson. The Skype username registered by the Second Party is not considered to be personal information that the First Party is expected to manage in accordance with its separately prescribed Privacy Policy.
7. If the Second Party does not wish to disclose his/her usual Skype username to the instructor, he/she is recommended to create a Skype username especially for using this Service.
8. The First Party assumes no responsibility for issues causes by Skype malfunctions.
(Limitation of Liability)
Article 13
The Second Party consents that the First Party assumes no responsibility whatsoever for any damage caused by or related to the following.
1. The use of this Service or inability to use this Service.
2. Unauthorized access to or tampering with information sent by or to the Second Party.
3. Damage caused by information conveyed by the Second Party during a lesson.
4. Any of the following items related to the use of this service, even if they result in the Second Party being unable to satisfactorily use this Service.
a) If there are temporarily not enough lessons due to a drastic increase in in the number of students, or a drastic decrease in the number of lessons caused by communications failures, etc. in Guatemala.
b) If the Second Party cannot reserve a lesson in his/her desired time slot.
c) If the Second Party cannot reserve a lesson with a particular instructor.
d) If a lesson must be canceled due to power failure or communications failure in Guatemala.
5. Matters related to other services.
(Copyright and Ownership Rights)
Article 14
The First Party owns any and all trademarks, logos, copyrights for descriptions, etc., and ownership rights related to this Service.
(Governing Law and Judicial Jurisdiction)
Article 16
The governing law for these Terms and Conditions is Japanese Law. Any dispute arising between the First Party and the Second Party related to the Terms and Conditions or this Service will first be the exclusive jurisdiction of the Tokyo District Court.
Supplementary Term: These Terms and Conditions are written in Japanese. If any discrepancies exist between the translated version of these Terms and Conditions and the Japanese Terms and Conditions, the Japanese version will prevail.
Supplementary Term: These Terms and Conditions are in effect starting September 3rd, 2011.