Terms Of Service – User Agreement

Last Updated: September 16, 2021

Thank you for using Tokyo Academics as your education service provider! We’re happy that you’re here. Please read this Terms of Service agreement carefully before accessing our website and/or using our services. Because it is such an important contract between us and our community members, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.

These terms and conditions form a contract between User (hereinafter “you” or “your”) and TA Group Inc. d/b/a “Tokyo Academics” that governs your access and use of the Tokyo Academics website and/or services. Please read these Terms carefully. It is a legally binding agreement between you and Tokyo Academics. By your use of our services, you agree to comply with all the terms and conditions set out in this document. We may terminate your Account or block your Internet Protocol (IP) address at any time, with or without notice, for conduct that is in breach of these Terms, for conduct that we believes is harmful to our business, or for conduct where the use of the services is harmful to any other party or other users. 

The website called “Tokyoacademics.com” (hereinafter referred to as the “website”) is owned by TA Group Inc., with its registered office at Hirose Building 3F, Nishi-Azabu 3-24-17, Tokyo 106-0031, Japan (hereinafter referred to as “we”, “us”, “our”, or “Company”). Your use of the services and/or website is governed by the following terms and conditions (“Terms”). 

1. ACCEPTANCE OF TERMS AND CONDITIONS

Short Version: The use of our website and our services lets us know that you have read and understand the Terms and Conditions, Privacy Policy, and other applicable agreements. Be sure to keep an eye out on the Tokyo Academics website because we might update these agreements every once in a while!

Accessing, browsing, or otherwise using the Tokyo Academics website indicates your agreement to all of the terms and conditions, so please read the terms carefully before proceeding. You acknowledge that you have read, understand, and agree to these terms and conditions. In addition to these T&C, use of services is also governed by our Privacy Policy and any other terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the website (collectively, “User Agreement”).

We may change these policies from time to time by posting updates to our website. We may do this for a variety of reasons, such as changes in or requirements of the law, new features, or changes in business practices. The change will come into effect 15 days after the date of the update. The user’s continued use of the website, our services, or his/her user account will constitute binding acceptance of such modifications.

2. ELIGIBILITY 

Short Version: If you are under the age of 20, make sure you review these Terms and Conditions with either your mom or dad (or a legal guardian) and receive confirmation that they agree with everything presented here. 

Users must be at least 20 years of age. User represents and warrants that (i) User has the right and authority to enter into this Agreement; and (ii) he/she abides all of the terms of service of this agreement. Users or Students between the ages of 13 and 20 must (i) review these Terms of Use with a parent or legal guardian to ensure the parent or legal guardian acknowledges and agrees to these Terms of Use, and (ii) not access the Site if his or her parent or legal guardian does not agree to these Terms and Conditions.

3. SERVICES 

Short Version: The services that we provide are in the best interests of you, our user. The way you use our services must follow this agreement and be for personal use only. Tokyo Academics exclusively manages the services offered and the manner in which they are offered.

We offer courses and educational services through our platform and Parents may purchase those courses for the benefit of their children. All Courses that are to be provided by us are described on our website. We consider our current business model to be the best method of service administration to our students. Subject to the terms and conditions of this Agreement, users are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for their personal use only and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service. We may terminate this license at any time for any reason or no reason.

4. CONTENT OWNERSHIP 

Short Version: When you take our classes, we want to make sure all materials that belong to Tokyo Academics stay with Tokyo Academics. This could include a range of items, including but not limited to the Tokyo Academics logo, the lesson content, the intellectual property, and other things not explicitly mentioned. This also means that if you want to keep materials for yourself or record a class for any reason, you have to obtain permission from us ahead of time. 

If you purchase any of our courses; you represent, warrant, and agree that:

1. Ownership of all intellectual property rights, including all copyright, trademarks, designs and patents whether registered or unregistered, and all other intellectual property rights and goodwill relating to the course and/or class material(s) and content(s) will remain with the TA Group Inc. and/or respective copyright owners; and
2. You will not copy, record, edit or alter, or otherwise interfere with the services provided by the Company without the Company’s knowledge. This shall include without limitation: a) not using recording equipment to record any session; and b) not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding on the material provided by the Company.

5. OFFICE RULES 

Short Version: Please follow the rules when in our offices! We cannot be held responsible if you or someone else gets hurt because office rules were not properly followed.

You will, or you will cause the Student to, comply with Tokyo Academics’ office rules, copies of which are available in the Tokyo Academics office. You understand and agree that the Student is responsible for his or her own behavior at the Tokyo Academics office and Tokyo Academics will not be responsible for injury or other damage caused by the Student’s violation of our office rules. 

6. FREE TRIAL & FREE AUDIT

Short Version: Due to initial sign-up, promotions, or other various changing factors, we may have free trials offered at Tokyo Academics. Rest assured that you will not be charged for these, which will also be communicated explicitly to you at the time. However, for registration purposes, we may ask for your billing information even when signing up for these free trials. In some specific cases, it is possible that a free trial may convert into a class requiring payment, but we will make sure that this is made known to you before that happens.

The Company may, at its sole discretion, offer a lesson or course as a Free Trial or Free Audit. You may be required to enter your billing information in order to sign up for the Free Trial or Free Audit. If you do enter your billing information when signing up for a Free Trial or Free Audit, you will not be charged by the Company for the Free Trial or Free Audit. For any lessons or courses outside of those designated as a Free Trial or Free Audit, you will be automatically charged the applicable course fees for the type of course you have selected. The Company reserves the right to modify the terms and conditions of the Free Trial or Free Audit offer and/or cancel such Free Trial or Free Audit offer. In some cases, a Free Trial or Free Audit may convert into a class requiring payment, in which case you will be notified explicitly of the terms prior to signing up. 

7. PAYMENT METHODS 

Short Version: Some of our courses and services are prepaid while others are pay-as-you-go. Certain Tokyo Academics courses and services might require the use of third-party materials, software, or services.  

Each Parent agrees to pay all applicable fees for Course(s) as set forth on the Site. Some Courses are offered with the full 100% value balance due before the sessions are delivered to you, and other Courses are offered on pay-as-you-go basis via our website.  You will be responsible for all taxes associated with the services. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers in order to utilize such Services. We have no responsibility for or control over the information collected by third party service providers and we cannot be responsible for the protection and privacy of any information which you may provide to such third party service providers.

8. PROCESSING FEES 

All Courses sold through our website may be subject to payment processing fee(s).

9. REFUND POLICY 

Short Version: We will be happy to offer full refunds (for most of our services, but not all!) if you let us know about a cancellation 24 hours or more before the actual class. If a certain class is not refundable, we will make it clear to you beforehand so there is no confusion. If for some reason we are not able to complete a course that you already prepaid for, we will prorate a refund back to you. On the other hand, please be aware that we might not be able to give you a refund if you initiate a cancellation midway through a course.

User may cancel pay-as-you-go private tutoring and classes in which they are enrolled for a full refund by providing at least 24 hours’ notice to the applicable Tokyo Academics Instructor or to Tokyo Academics’ administrative office. You understand that Tokyo Academics has no obligation to provide a refund if you fail to provide notice of cancellation at least 24 hours in advance of the applicable tutoring or class session. Company retains the right to cancel or suspend any course of instruction or provision of the Site at any time for any reason with or without notice to you. In the event that Company cancels a course prior to its commencement, company will provide a full refund of any fees paid for that course. In the unlikely event that company must cancel a prepaid course after its commencement but before its completion, company will provide a pro rata refund based on the number of remaining course sessions at the time of the cancellation. You understand that Tokyo Academics has no obligation to provide a refund for User-initiated cancellations for a prepaid course after its commencement.

10. RESCHEDULING OF CLASS SESSIONS 

Short Version: Sometimes we may need to reschedule classes. Don’t worry, you won’t lose your class, but you might have to take it at a different time than you are used to. If we do need to reschedule for any reason, we will let you know in advance.  

Tokyo Academics Instructors have the right to reschedule sessions due to unforeseen circumstances such as sickness or accident. If we reschedule any session, we will contact you in advance.  

11. NO GUARANTEE  

We cannot guarantee that any particular student will achieve a test score, grade improvement, or any other outcome as a result of any course. 

12. ELECTRONIC COMMUNICATIONS 

Short Version: Electronic communication is becoming a staple in our current society. Visiting our website or sending emails to us fall under this category, and by doing so, you are agreeing to partake in electronic communications with us. 

When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.

13. PRIVACY 

We are committed to protecting your personal information and ensuring its privacy, accuracy and security. Please read our Privacy Policy for more details.

14. DISCOUNTS, OFFERS & PROMOTIONS 

Short Version: Please be aware that our discounts, offers, or promotions (and the terms surrounding their eligibility) can be changed or withdrawn at any time.

Any agreed upon discounts or special offers are offered by Tokyo Academics, and Tokyo Academics reserve(s) the right to amend terms and conditions for special offers at any time and without prior notice. Any such discounts or special offers may be withdrawn by Tokyo Academics at its absolute discretion and decision.

15. DISCONTINUE THE SERVICES 

We reserve the right to modify or discontinue any of our Services with or without notice to the user.

16. INTELLECTUAL PROPERTY 

Short Version: Intellectual property, meaning everything used by Tokyo Academics to facilitate its courses that isn’t physically perceivable (“non-tangible”), belongs to and remains with Tokyo Academics. 

For purposes of this Agreement, “Intellectual Property” shall mean (a) methodology for the provision of the Services; and (b) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, Products and Product materials. Tokyo Academics and/or respective copyright owners hereby retain all worldwide rights, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by Tokyo Academics and/or respective copyright owners. You acknowledge that all right, title and interest to the Intellectual Property is owned by Tokyo Academics and/or respective copyright owners.

17. LICENSE 

Short Version: All of the software and tools associated with our website belong to Tokyo Academics. By agreeing to be a user of our site, you gain the temporary right to access and use all of the software and tools on the website. Keep in mind there is a possibility that we may revoke access to or use of our website or parts of our website given certain circumstances.

Our website, software, and other tools are protected by copyright, trade secret, and other intellectual property laws. Your use of our website is based on the license of Company’s Intellectual property to User. Company grants User a limited, non-transferable license to use its website, tools and related services in accordance with these TOS. Company reserves all rights in the Intellectual Property not expressly granted to User. Company provides the services solely on an “AS IS” basis and disclaims all warranties and liability for your use of the Company’s website, tools and related services. Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the websites and/or services offered on or through the websites (or any part thereof), including but not limited to the website, features, look, feel, and functional elements and related services. 

18. REGISTRATION 

Short Version: In becoming a registered user of our website, you agree to the Terms of Service, Privacy Policy, and other agreements and procedures listed on the Tokyo Academics Website. Additionally, you understand that you are financially responsible for  purchasing and paying for courses/products. We expect our users to fulfill their end of the agreement unless it goes directly against the Terms of Service or the law. Keep in mind we can suspend or terminate accounts at any time.

To become a Registered User, you must accept all of the terms and conditions found in, incorporated by reference to, and linked to, these Terms. By becoming a Registered User, you agree to: (1) abide by the TOS, Privacy Policy, processes, and procedures described throughout the Website; (2) be financially responsible for your use of the Website and the purchase of your digital product/course; and (3) perform your obligations as specified under these terms, unless such obligations are prohibited by law or by the TOS. We reserve the right, in our sole discretion, to refuse, suspend, or terminate User account at any time for any reason or no reason. 

19. USERNAME AND PASSWORD 

Short Version: Please keep your username and password safe. We cannot be held responsible for any unauthorized use of your user account. Please make sure that all activities that happen on your user account are authorized by you and you only!

In order to create an account with us, you will provide us with identifying information (such as your name, and e-mail address), a password and username and other information (“Registration Information”). After Sign-up, we will confirm your email. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your system, and you agree to accept responsibility for all activities that occur under your account or password. User agrees to notify Company immediately of any unauthorized use of User’s Account. We will not be liable for any unauthorized use of User Account.

20. USER’S CONTENT AND CONDUCT 

Short Version: Please keep in mind that anything you post or send through use of our website in relation to our services will potentially be visible and publicly accessible to other users of our website. Knowing this, please do not post or say anything that you otherwise would not want to be caught saying! We do not condone behaviors such as harassment of other users or partaking in illegal activities using our website.

You are solely responsible for all data, video, images, information, text, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service, provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of this content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree not to use, nor permit any third party to use, the website to distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to: 

1. Illegal and fraudulent information, 
2. Threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local or foreign law;
3. Trojan horse, worm or other disruptive or harmful software or data; and 
4. Any other information or content which is not legally yours and without permission from the intellectual property rights owners.

21. MONITORING 

Short Version: We conduct regular monitoring of accounts and can remove or disable accounts to protect Tokyo Academics and its students. 

We may monitor your account. We may disclose any information necessary for our legal obligations to protect the Company or its students. We, in our sole discretion, may refuse to create or remove any account, in whole or in part, alleged to be unacceptable, inappropriate, or in violation of these terms.

22. SUPPORT 

You will receive customer support via email based on your specific issues.

23. LINKS TO OTHER THIRD PARTY WEBSITES 

Short Version: Our website may contain links to other websites that are unaffiliated with Tokyo Academics. We cannot be held responsible for anything that comes out of them or the contents that are posted on them. Please access and use these links at your own discretion.

Certain links on the Website will let you leave the Web site. These linked sites may be operated by the Company while some are not under the control of the Company, and Company is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply an official recommendation or endorsement by Company of any such linked site or the products/services therein. If you decide to access any third party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.

24. PROHIBITED ACTIVITIES 

Short Version: Please do not tamper with the website without our permission. This includes but is not limited to: automated means to access code, attempts to find user account information, breach of computer network, interference with the functioning of the website (including but not limited to spam), removal/tampering of the intellectual property listed on the website, or any circumvention of security measures. 

Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website, software or other related services, or otherwise to attempt to discern the functioning or operation of the website, software or services. You shall not (and you shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website or services for any purpose without our express written permission, (ii) Attempt, in any manner, to obtain the password, account, or any security information of other users; (iii) violate the security of any computer network, or cracks any passwords or security encryption codes; (iv) run mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the website, or that otherwise interfere with the proper working of the website (including by placing an unreasonable load on the websites’ infrastructure); (v) interfere or attempt to interfere with the proper working of our classes or any activities conducted on the website, (vi) remove any trademark, copyright or other proprietary notices from any portion of the website; or (vii) bypass any measures Company may use to prevent or restrict access to the website, software or the courses.

25. LIMITATION OF LIABILITY 

Short Version: Tokyo Academics will not be responsible for any damages that are caused by improper adherence to these terms of services or improper use of our website. This includes the actions taken by Tokyo Academics users on our website that break the terms of service agreement. If you find issue with something that cannot be reconciled, please consider the termination of your account and use of our services.

Except where prohibited by applicable law, in no event will the company or third party service providers be liable for any damages (whether direct, indirect, exemplary, incidental, special, consequential or other damages (including lost profits, loss of data or loss of use) arising out of or in any way related to these terms or your use or inability to use the sites, any websites linked to it, any product or services made available on the sites, regardless of whether such damages are based on contract, tort (including negligence), strict liability or otherwise, even if the company or any of its affiliate partners has been advised of the possibility of damages (collectively, the “Excluded Damages”). You specifically acknowledge and agree that neither the company nor any of its partners or representatives will be liable to you for any defamatory, offensive or illegal conduct of any user of the sites. To the maximum extent permitted by applicable law, your sole and exclusive remedy for any of the above claims or any dispute with the company is to discontinue your use of the sites and services.

26. INDEMNIFICATION 

Short Version: You will not hold Tokyo Academics or its associated companies and personnel of any responsibility for damages and losses arising from the use of our website. 

You agree to defend, indemnify and hold Company and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this website.

27. ARBITRATION (PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS) 

Short Version: Any disagreement that arises that cannot be settled within 30 days will be subject to arbitration and go to an arbitrator in the district court of Tokyo. The decision made there will be final. 

Any litigation, dispute, controversy or claim arising between the parties, relating to the interpretation, execution, effectiveness, invalidity or validity of this Contract which cannot be settled by mutual agreement between them within thirty (30) working days, shall be subjected to the arbitration and shall be referred to one arbitrator in District Court of Tokyo, Japan. The decision of the arbitrator shall be final and binding upon both parties. Judgment upon the award of the arbitrator may be entered in any court of competent jurisdiction.

28. JURISDICTION AND APPLICABLE LAW

Short Version: These Terms of Services are made with the laws of Japan in mind. Any action taken that arises out of these Terms of Services must follow the jurisdictions of the courts. 

The use of the website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of Japan, without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Tokyo, Japan for any action or proceeding arising out of or relating to these Terms of Service.

29. ENTIRE AGREEMENT 

Short Version: This document contains the entire agreement for the Terms of Services. Only a written waiver given out by the company will allow you to disregard portions of this agreement and no employee can allow you to disregard any part of this agreement without a written form. 

These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between you and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.

30. WAIVER AND SEVERABILITY 

Short Version: In the case that one of the items listed in this Terms of Services turns out to be illegal, this will not invalidate any other items listed here. The item that is illegal will be modified to be legal. Please continue to follow the Terms of Services. Keep in mind that a waiver for a breach in a specific provision does not extend to the rest of the Terms of Services.

If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.

31. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS] 

By mail:
Tokyo Academics
Hirose Building 3F
Nishi-Azabu 3-24-17
Tokyo 106-0031 Japan

By phone: +81 70 3141 0198

By email: info@tokyoacademics.com