Terms of Service
Miuranguide (hereinafter, “the Company”) prescribes the following terms of service in connection with the provision of “online-soroban.com,” the correspondence education service for abacus and mental calculation.
Article 1 Definitions
The terminology used in the online-soroban.com terms of service (hereinafter, “the Terms of Service”) shall be defined as follows.
- “online-soroban.com” refers to the correspondence education service operated by the Company, including service of providing educational materials and other applications. Furthermore, the Company shall set forth the specifications and service contents of online-soroban.com separately.
- “User” refers to the individual party to the contract for online-soroban.com under the Terms of Service (for student below the age of majority, a parent or guardian).
- “Student” refers to the child actually participating in the online-soroban.com course.
- “Educational materials” refers to the study material contents licensed by the Company to the User.
- “Applications” refers to the applications and other data provided by the Company to the User in addition to educational material contents.
- “Abacus” refers to the tool necessary for the Student to use online-soroban.com and the Applications, and that each Student shall purchase one separately, either from the Company via the Internet or personally, before or once the contract based on the Terms of Service has been formed.
- 7.“User information” refers to the information provided by the User to the Company which can be used to identify or recognize the User or Student, including name, address, date of birth, email address, or credit card information of the User or Student.
Article 2 Application and Revision of the Terms of Service
- 1.Supplementary provisions regarding online-soroban.com, presented online or by other means as necessary by the Company (hereinafter, “Other Provisions”), shall constitute a part of the Terms of Service, and in the event such Other Provisions conflict with the Terms of Service, the Terms of Service shall prevail.
- 2.The Company shall be able to modify the Terms of Service and Other Provisions without the advance consent of the User, and shall notify the Users via announcement on the online-soroban.com website or other reasonable means the Company deems appropriate.
Article 3 Application Eligibility
- 1.Eligibility requirements to apply to and use online-soroban.com shall be prescribed separately by the Company.
Article 4 Application and Approval
- Individuals who wish to use online-soroban.com shall apply for membership in accordance with the prescribed procedures after having consented to the Terms of Service. Once the Company has approved the application and the process is completed, a contract based on the Terms of Service shall be established, and the individual shall become the User.
- In the event any of the following items apply to an applicant wishing to use online-soroban.com, the Company may elect to disapprove the application.(2.1) The application contains false information, omissions, or errors;
(2.3) An invalid credit card notice has been received from the credit card company;(
2.4) Any other reason for which the Company deems the User unsuitable.
Article 5 Use of online-soroban.com
- Only the Student who meets the qualification to participate in the course shall be able to use the Educational Materials and the Applications provided via online-soroban.com. Furthermore, the User may perform enrollment or withdrawal procedures for the Student or modify the details of the contract in accordance with the procedure specified separately by the Company, after the contract for online-soroban.com has been established.
- Except where explicitly prescribed in the Terms of Service, the User shall be solely responsible for the use of online-soroban.com by the User or Student, and shall not cause trouble or otherwise harm to other Users, third parties, or the Company.
- The Company shall provide all or part of the following described features via online-soroban.com:(3.1) Features that enable learning of Abacus and mental calculation techniques;
(3.2) Features that enable selection of curriculum for Abacus and mental calculation ;
(3.3) Features that enable online testing of skills for Abacus and mental calculation;
(3.4) Other features the Company deems necessary in connection with the above described features.
Article 6 Educational Materials and Applications
- The Company shall provide the Educational Materials and the Applications to the Student, at regular intervals or when the Student has met the specific conditions, by means of Student’s logging in to online-soroban.com. The User shall be responsible for any telecommunications fees for such downloading.
- The User or Student may only utilize the Educational Materials and the Applications for the purpose of using online-soroban.com within the operating environments specified by the Company.
Article 7 Account Management
- The log-in ID and password for online-soroban.com (hereinafter collectively, “Account”) shall be the User’s personal email address and password registered at the time of Account registration.
- The User shall be solely responsible for management and use of the Account, and may not rent, assign, or transfer the Account to a third party. The Company shall not be liable for any damages incurred by the User due to error or lack of proper management on the part of the User when using the Account, or due to unauthorized access by a third party.
- In the event the User loses access to the email address provided to the Company or the Account information, the User shall contact the Company promptly and follow the instructions of the Company.
Article 8 Student Enrollment and Withdrawal, Revision of Contract Details and Withdrawal
- The User may enroll or withdraw the Student in accordance with the procedure prescribed separately by the Company.
After enrollment, the contract subject to the Terms of Service shall be automatically renewed, provided that the User does not submit a withdrawal request. In the event the User has taken the withdrawal procedures for all the Students with online-soroban.com for whom the User has signed up for a contract (in case of multiple children taking courses, etc.), or the User him/herself has lost the eligibility for use, it shall be considered as withdrawing from online-soroban.com.
- In the event the Student is to withdraw from online-soroban.com, the User shall make payment in accordance with the methods prescribed by the Company for all the fees (subscription fees, etc.) owed up to the point of withdrawal subject to Article 11, and the fees (subscription fees, etc.) already paid shall not be refunded. However, if the User has made a lump-sum payment of the subscription fees for multiple months in advance, the Company shall refund to the User the amount calculated by the method prescribed separately by the Company, after deducting the amount for the course period up to the date of withdrawal.
- When the User has taken the withdrawal procedure for the Student, the study records, grade data, and calendar information, etc. compiled for each Student (hereinafter, “Stored Data”) shall be deleted or become inaccessible.
Article 9 Termination of Membership by the Company
- In the event the Company determines any of the following items are applicable to the User, the Company may take measures it deems appropriate, such as temporary suspension of access to online-soroban.com, without advance notice to the User. In such cases, all amounts owed to the Company including the subscription fees for online-soroban.com already incurred shall be accelerated, and the User shall pay the entire amount in full in accordance with the instructions of the Company. For fees (including subscription fees) already paid to the Company, the Proviso of Article 8 Paragraph 2 shall be applicable correspondingly.(1.1) When any of the provisions of Article 4 Paragraph 2 have found to be applicable to the User;
(1.2) When the User or the Student has engaged in any of the prohibited acts specified in Article 12;
(1.3) When the User did not make payments for subscription fees, etc. promptly or failed to comply with the payment obligations;
(1.4) When the User has died or lost the legal capacity to hold rights;
(1.5) When the use of the credit card designated by the User has been suspended by the credit card company;
(1.6) When the User has lost the eligibility as prescribed in Article 3;
(1.7) When the User has violated the Terms of Service or Other Provisions;
(1.8) Any other circumstances in which the Company deems the User unsuitable.
- In the event of the termination of User authorization in accordance with the preceding paragraph, Article 8 Paragraph 3 shall be applicable correspondingly.
Article 10 User Support
- The Company shall provide support services, such as responding to inquiries regarding how to use the Educational Materials or the Applications, according to the procedures prescribed separately by the Company.
Article 11 Subscription Fees and Other Charges
- The method of payment for the subscription fees the User has to pay in order to use online-soroban.com shall be prescribed by the Company separately, except where prescribed in the Terms of Service. The User shall be responsible for any taxes, including sales tax, imposed on the subscription fees or other charges.
- The Company shall be able to modify the subscription fees or other charges described in the preceding paragraph. In such cases, the Company shall announce the modification in accordance with the notice as described in Article 20.
- The User shall be responsible for equipment installation fees for any telecommunications device required to access online-soroban.com, as well as telecommunications charges arising from the use of online-soroban.com and bank transfer surcharges for subscription fees, etc.
Article 12 Prohibited Acts
The User shall not engage in any of the following acts. The Company shall be able to take appropriate measures in case the Company has determined the User is likely to engage in any of the following acts.
- Acts of utilizing the Educational Materials or Applications for purposes other than those specified by the Company in the Terms of Service;
- Acts of causing harm to the Company or a third party;
- Acts of infringing copyrights or other intellectual property rights of other Users or third parties;
- Acts of impeding the operation of online-soroban.com;
- Acts that violate laws or regulations;
- Acts that encourage any of the acts described in the preceding items;
- Acts the Company deems likely to fall within the scope of any of the preceding items;
- Any other acts the Company deems inappropriate.
Article 13 Copyright
- All intellectual property rights pertaining to online-soroban.com and the Applications belong to the Company or the party who grants the license to the Company, and the license for the use of this service under the Terms of Service shall not imply the license to use the intellectual property rights of the Company or its licensors.
- The User shall use the Educational Materials and other contents provided by the Company via online-soroban.com only within the scope of personal use as defined by the Copyright Act.
Article 14 Management of Stored Data
- The Company shall be able to utilize the Stored data of the Student accumulated on the Company’s servers through the use of online-soroban.com, as well as command logs, etc. collected by Google Analytics or other access analysis services, in the form of anonymized statistical data for the operation of online-soroban.com and sales promotion activities. Debug information may also be collected via the CRASHLYTICS feature; however, such data shall only be used for the purpose of the resolution of individual issues arising from the use of online-soroban.com.
Article 15 Personal Information
- When asked by the Company to provide the User Information during the application process, the User shall provide the Company with correct personal information.
Article 16 Reporting Changes and Updating Credit Card Information
- In the event of changes to the information submitted to the Company such as name, address, email address, credit card number or its expiration date, the User shall promptly report the changes to the Company in accordance with the means prescribed by the Company. The Company shall in no event be liable to the User for any damages suffered by the User, such as failure to receive notices, etc., if such damages could be attributed to the failure of reporting the aforementioned changes to the Company in time.
- In the event the User failed to report changes to their credit card number or its expiration date as described in the preceding paragraph, the Company shall update the User Information with the new card number or expiration date as informed by the credit card company without obtaining the consent from the User in advance, and process the payment of subscription fees using such information thereafter.
Article 17 Suspension of Service
- The Company may suspend the provision of online-soroban.com, in whole or in part, in the event of the following circumstances:
(1.1) When the Company needs to perform maintenance of the equipment used by the Company to provide the service;
(1.2) When it becomes not possible to provide online-soroban.com due to unavoidable events such as natural disasters, power outages, war, etc.;
(1.3) Any other circumstances under which the Company deems it necessary to temporarily suspend the operation of online-soroban.com.
- When the Company suspends the operation of online-soroban.com, in whole or in part, due to the circumstances described in the preceding paragraph, the Company shall notify the Users in advance. However, this may not apply in cases of emergency.
Article 18 Responsibilities of the Company
- The Company shall make reasonable efforts to operate online-soroban.com services continuously in accordance with the specifications prescribed by the Company. The responsibilities of the Company for the operation of the service shall be limited to the obligations prescribed in this paragraph.
- The Company does not guarantee the certainty, completeness, accuracy, validity, or fitness for a particular purpose of the Educational Materials and the Applications, or any information the User has obtained via the service.
- The Company shall not be liable for any loss or alteration by a third party of the User’s Stored Data.
- In the event that the online-soroban.com service becomes completely inaccessible (including functionally equivalent to such condition, except for the circumstances described under Article 17) due to the causes attributable to the Company, and when such condition has continued for a period of 24 hours or more (hereinafter, “Hours of Inaccessibility) from the point when the Company has become aware of the condition (or from the point where the Company has received the report from the User in case where the Company has discovered such condition by the report from the User), the Company shall indemnify the User upon its request for the amount calculated by dividing the Hours of Inaccessibility by 24 (truncate after the decimal point) and multiplying the result by 1/30 of the monthly subscription fees for the courses already signed up. In making such payment, the Company shall subtract the amount calculated according to the methods described above from the subscription fee for the current or following month, or by other means of adjusting the fees as deemed reasonable by the Company. However, if the User failed to make such request within three months from the date when it became possible to make such request, the User shall lose the right conferred in this provision.
- In addition to the circumstances described in the preceding paragraph, the Company shall only be liable for direct and actual losses suffered by the User that can be attributed to the Company. Under no circumstances, the Company shall be responsible for the amount more than what is equivalent to the monthly subscription fee for the course in which the User is enrolled, and any amount above this limit shall be discharged from the liability.
Furthermore, the Company shall in no even be liable for any damages other than direct and actual losses to the User (including loss of access opportunity and any other indirect losses, special damages, incidental damages, consequential damages, or loss of profit).
Article 19 Modification, Discontinuation, or Assignment of the Service
- The Company may modify the contents or discontinue the provision of online-soroban.com, in whole or in part, for business-related or other reasons. In such cases, the Company shall notify the Users by email and an announcement on the online-soroban.com website at least two months in advance.
- In the event that the Company assigns its operations pertaining to online-soroban.com to a third party, in whole or in part, the Company shall notify the User by email and an announcement on the online-soroban.com website in advance, and by making such notification, the Company shall be able to assign all the rights and obligations of the Company under the Terms of Service via succession, sale, merger, or any other means. In such event, the User shall consent to the disclosure of the Stored Data and any other personal information of the User to the assignee of the rights and obligations of the Company.
Article 20 Notification
- The notifications by the Company to the User shall be considered as received by the User after a reasonable period of time has elapsed, in case the Company made the notifications to the User regarding online-soroban.com by either of the following means:(1.1) Announcement on the online-soroban.com website;
(1.2) Sending of notifications to all the Users at once.
- In addition to the means described in the preceding paragraph, the Company shall notify the Users individually by email or posting an announcement on the online-soroban.com website. The Company shall not be responsible for any damages to the User due to overlooking such notifications.
Article 21 Governing Law
- The Terms of Service shall be governed by the laws of Japan.