Terms of Service

Please read this Terms of Service(hereinafter referred to as 'the Terms')carefully. On this web page (http://studysmile.com https://studysmile.com http://studysmile.net http://studysmile.jp ; hereinafter referred as 'the Site') operated by Tech Fun Corporation (hereinafter referred to as 'Tech Fun'), a user of the Site (hereinafter referred to as 'User') or a registered user as a member(hereinafter referred to as 'Member')shall be deemed to have agreed to the Terms and additional rules and guidelines that Tech Fun posts on the Site by using the Site.

Article 1 (StudySmile Course)

1. Tech Fun provides learning courses (hereinafter referred to as 'the Course') with web text, video and test to a User or a Member contributing self-improvement and self-fulfillment.

2. Tech Fun provides the Course mostly, but course providers approved by Tech Fun (hereinafter referred to as 'the Course Provider') may provide courses.

3. The name of the Course Provider is clearly posted on each course page in the Site.

4. The contents of the Course are as described in the Site. Tech Fun and the Course Provider can change those contents of the Course freely.

Article 2 (User)

1. A User may take only limited courses such as sample courses.

2. When a User is a minor (under 20), he/she needs a permission of his/her parents or guardian to take the Course.

3. A User needs to comply with all instructions and the Terms while using the Site.

4. A User is fully responsible to prepare and maintain all necessary equipments such as a computer to take the Course.

Article 3 (Member Registration)

1. A User becomes a Member by the Member registration.

2. A User needs to complete the Member registration process according to the instruction on the Site registering ID (User's e-mail address) and password. And then Tech Fun gives a permission as a Member.

3. Tech Fun has the right to refuse the Member registration under the following conditions.

(1) If a person is not existed;

(2) If a person is a minor and has no permission of his/her parents or guardian;

(3) If the registered information is untrue, inaccurate, not current or incomplete;

(4) Beside the above, when Tech Fun determines a person is inappropriate as a Member;

4. A Member is fully responsible for maintaining own ID and password.

5. A Member needs to agree that Tech Fun may, without a prior notice, immediately terminate or suspend a Member's right or account if he/she is under any of the following conditions.

(1) When Tech Fun finds out any false, inaccurate, not current or incomplete about the registered information;

(2) When a password is illegally used or lend to any other member or third party;

(3) Delay in payment or nonpayment of the Course fee;

(4) Unable to contact with a Member by telephone, Fax, e-mail, or any other way;

(5) Interfere the Site business of Tech Fun;

(6) Violations of the Terms;

(7) For any other reason, Tech Fun decides that a Member is inappropriate;

6. A Member is not allowed a transfer, an under-lease, a deposit of collateral, or any way to terminate his/her rights, obligations or positions of a Member without Tech Fun's consent.

7. In case of that a Member's registered information has been changed, he/she needs to update the information as soon as possible according to the prescribed procedure.

8. To withdraw from membership, a Member needs to follow the prescribed procedure, and a Member loses all rights and benefits of the membership after withdrawal.

9. In case of the death of a Member, his/her membership is terminated since his/her rights and obligations are not heritable.

Article 4 (The Rights and Usage of Member)

1. A Member can take free courses.

2. A Member who takes paid courses needs to comply with Article 5.

3. A Member can take the Course entering member ID and password to log in.

4. At the end of the session of the Site, log out to exit the Site.

5. A User is fully responsible for obtaining all necessary equipments to take the Course.

Article 5 (Payment method for paid course)

A Member is required to make a payment by either of the following method in order to take paid course.

(1) Pay by credit card

(2) Pay through bank transfer

Article 6 (Application for paid course by credit card)

1. When a member selects to make a payment of paid course by credit card for the first time, credit card payment will be made at the time of application. Also when a member continues to take a course in the following month, credit card payment will be made at the end of the previous month for the fee of the following month.

2. A member is required to provide name, address and phone number as contact information to register credit card information.

3. When a member selects monthly payment for paid course, contract will be automatically renewed in principle. However, a Member will be confirmed if he/she likes to continue the course when the fee of the paid course a Member is taking is increased. When Tech Fun cannot confirm if a member likes to continue a course, a member will be automatically withdrawn from the course. Also, a member will be automatically withdrew from the course when his/her credit card information is not complete.

4. When a Member withdraws from applied paid course, a Member is required to follow withdraw procedure in the Site. A Member cannot take this paid course after the withdraw process. Once a member applied paid course, fees are not refundable under any circumstances including this case.

Article 7 (Application for paid course through bank transfer)

1. When a member selects to make a payment of paid course through bank transfer, payment will be made by the payment due (14 days after application) to the appointed bank account. When payment isn't made by the due date, Tech fun considers as the application is cancelled.

2. A Member is responsible for bank transfer fee.

3. After a Member applied and paid through bank transfer, the application is no longer able to cancel. Therefore Tech Fun does not refund any of fees.

Article 8 (Personal Information of Member)

Tech Fun uses personal information of a Member only to operate the Site as necessary according to the Personal Information Protection Law and our privacy policy.

Article 9 (Violation of Other Than Personal Use of Information・Intellectual property rights and others)

1. Any information that a User or a Member gets through the Site is for personal use only. Coping, selling, publishing, disclosing or in any manners is prohibited, unless a permission is taken from Tech Fun or the third person who has the rights to the information.

2. Related to the Course, Tech Fun does not transfer copyrights or any other intellectual property rights to a User or a Member.

3. Related to the Course, when copyrights or any other intellectual property rights take effects, Tech Fun is the right holder.

Article 10 (Violation of The Terms of Service)

A User or a Member cannot use the Site to commit any act corresponding to or likely to the followings.

(1) Any violations of public order and morality;

(2) Any behaviors related to illegal activities;

(3) Any violations of intellectual properties (including but not limited to, copyright, design right, patent right, utility model right, trademark, know-how right)to the third person;

(4) Reproduce or redistribute any portion of articles, photographs, artworks used in the Site;

(5) Any violations of property, credibility, privacy of the third person;

(6) Besides the above, any illegal activities;

(7) Any disadvantageous activities to the third person;

(8) Any libelous and defamatory actions to the third person;

(9) A campaign carried out before an election, an election campaign or similar actions, or any actions which conflict with Public Offices Election Act;

(10) Any actions to obstruct the Site, or make any damages to the credit of Tech Fun;

(11) Besides the above, when Tech Fun finds any offensive actions;

Article 11 (Acceptance of Terms)

1. When a User uses the Site and a Member registers for the membership, he/she accepts and agrees the Terms.

2. When a User uses the Site and a Member log in the Site after any update of the Terms, he/she also accepts and agrees the Terms that may be updated by Tech Fun from time to time without prior notice.

Article 12 (Temporary suspension of the Course)

Tech Fun may temporarily suspends the Site or the Course under the following conditions by its sole discretion and without prior notice. Tech Fun has no responsibility for any loss due to the suspension.

(1) Routine or urgent system maintenance, inspection, error correction, modification of the Site;

(2) Fail to provide the Service of Course due to fire or power outage;

(3) Fail to provide the Service of Course due to a natural disaster such as earthquake, eruption, flood, or tsunami;

(4) Fail to provide the Service of Course due to war, disturbance, riot, turmoil, or labor dispute;

(5) Besides, when Tech Fun determines that suspension of the Site or the Course is reasonably necessary not limited to technical or operational issues;

Article 13 (Disclaimers)

1. Tech Fun is not responsible for any modification, suspension or termination of the Terms and the Course, or any damages relate to those.

2. Tech Fun is not responsible for any damages to a User or a Member by using different method against the Terms.

3. Regarding the Course provided by the Course Provider, the Course Provider is fully responsible for its contents. Tech Fun is not responsible for any of them.

Article 14 (Indemnity)

A User or a Member is liable for all damages to the Site or the Course due to a cause imputable to the accused him/herself.

Article 15 (Article 42 of the Specified Commercial Transaction Act)

A matter determined by Article 42 of Act on Specified Commercial Transactions( hereinafter referred to as 'Specified Commercial Transaction')is described below.

【A service provider】

Tech Fun Corporation(1-7-15 Higashiueno, Taito-ku, Tokyo Japan)

President & CEO Tatsuya Kasai

However, the Course Provider is a service provider of the Course.

【Content and type of service】

Learning Course(Details are shown at each course page on the Site.)

【Style or method of service】

Taking a learning course on the Site individually

【Number of hours, number of times, and any other Total quantity】

In order to offer the services, a User or a Member has no need to buy any products other than courses as a general rule. If there is one, its information will be shown at each course page on the Site.

【Fee of service that a User or a Member needs to pay】

The Course fee is shown at each course on the Site.

【Payment Period and Method】

They are specified in Article 5.

【Service period elapsed】

Details are shown at each course page on the Site.

Article 16 (Cooling-off Rule)

1. When Tech Fun makes any sales which apply to the Specified Commercial Transaction Act or Specified Continuous Service Offers (over 2 months and more than 50,000 yen) to a User or a Member, he/she can do cooling off.

2. A User or a Member shall be able to cancel the application (called 'cooling off') reporting in writing the cancellation within 8 days from the date on which he/she received this document. However, the following cases may not exercise the rights of cooling off.

(1) A case any sales may not apply to the Specified Commercial Transaction Act, such that a User or a Member applied or contracted at his/her home upon his/her request.

(2) Cash transaction less than 3,000 yen

3. When a User or a Member misunderstands or confuses and consequently does not do cooling off because Tech Fun or the Course Provider informs faithless things or intimidates, he/she can do cooling off within 8 days from the date on which he/she receives an explanation about a document by Tech Fun that informs the dissolution of the cooling off disturbance.

4. When cooling off is enforced, Tech Fun does not ask for damage compensation or penalty charge. Even if the service has already offered, Tech Fun dose not ask for compensation for the service or any other payment. Also if any things have been already delivered, Tech Fun will incur costs to return it. If a User or a Member has already paid, the entire amount will be returned without any interest immediately. In case of changes of the existing state of a Member, a Member can claim to turn back to the previous state without any charge.

Article 17 (Governing Law・as Agreed Exclusive Jurisdiction)

Based upon the Terms shall be construed in accordance with Japanese law, District Court having jurisdiction over the location of the head office of Tech Fun shall be as agreed exclusive jurisdiction when a User or a Member and Tech Fun goes to law.

A supplemental provision

May 1, 2013  enacted

Aug 14, 2014 updated