The Terms of Service apply to Experts and Members (and those who wish to use these services) of GoGetterz, a service operated by UIcommons Inc. (the “Company”). Experts and Members may use the service only upon agreeing to these Terms of Service.
Chapter 1: General Terms
Article 1: Purpose, Description of the Service
The Company operates the following services under the GoGetterz name (the “Service”), to provide optimal learning experiences to “go-getters”—people with a proactive attitude and curiosity about everything—and to create an environment for achieving goals.
- (1) The Company provides a learning platform both for Experts, who offer learning services in an online classroom setting, and Members, the recipients of those learning services.
- (2) The Company provides Members with a simple way of searching and signing up for online course license contracts, and for viewing the courses for which Members have contracted with Experts.
- (3) The Company provides Experts with a platform for delivering their online courses, and for accepting Member applications for events and seminar-based courses.
- (4) The Company acts as agent in attracting users and collecting payments.
Article 2: Definitions
Terms used in these Terms of Service are defined as follows.
- (1) “Expert” refers to an individual using the Service to provide learning services to Members who wish to learn.
- (2) “Member” refers to an individual who uses the learning services provided by an Expert.
- (3) “User” refers collectively to users of the Service, both Experts and Members.
- (4) “Learning Service” refers to instructional information provided by Experts.
- (5) “Course” refers collectively to structured Learning Services provided by Experts.
- (6) “Course License Contract” refers to a license contract for a course, entered into by an Expert and a Member.
- (7) “Limited Distribution Course” refers to a course that is streamed for a limited period.
- (8) “Unlimited Distribution Course” refers to a course without a set streaming period.
- (9) “Monthly Contract Distribution Course” refers to a course streamed on a monthly contract basis.
- (10) “Content” refers to the individual information contained in Learning Services provided by Experts.
- (11) “Membership Page” refers to the website page provided for Users to manage their own information.
Article 3: Effect of Terms
１These Terms of Service shall apply to all Users of the Service and all those who wish to use the Service, and Users may only use the Service upon confirming and agreeing to the contents of these Terms of Service and consenting to abide by same. Users who fail to agree with the contents of these Terms of Service or who object to their individual provisions may not use the Service, and shall lose their status as a User of the Service even if they have begun using same.
２Information on use, compliance requirements, rules, or other matters regardless of name, set forth by the Company in association with these Terms of Service, comprise a portion of these Terms of Service, whether displayed on the Service’s site or the Company’s own site, and whether individual Users or all Users have been notified of same. Users shall consent to and abide by these matters along with these Terms of Service.
３In the event individual agreements are formed between the Company and the User regarding the use of this Service, whether a contract, memorandum or other document, regardless of name, and in the event individual agreements contained in said document lead to contradictions or conflicts with these Terms of Service, these Terms of Service shall take precedence, except in matters whose precedence is explicitly stated in said document.
Article 4: Use of Service, User Registration and Membership Termination
１Anyone wishing to use the Service must apply for membership by filling in the required items in the application form on the registration page of the Company’s website and submitting the form.
２The application for membership is submitted by clicking the Member Registration button. The application for membership is accepted when the Company issues the applicant a User ID pursuant to Article 6, below; however, the Company may refuse to complete the application process (i.e., reject the membership application) if: It determines that the submitted application contains falsehoods, mistakes, or omissions; the submitted email address is associated with a temporary email account; or the Company determines that the applicant is a User whose membership had been previously revoked.
３The Company may also revoke a User’s membership after initially accepting it if it learns that any of the following conditions apply. In such instances, the Company has no obligation to disclose the reason for the revocation. Users whose membership has been revoked cannot use the Service, and fees paid for Courses the Member has actually participated in will not be refunded.
- (1) The application for membership was made by a third party (except when the applicant has properly empowered the third party to act on the applicant’s behalf).
- (2) Information entered by the applicant is false or contains falsehoods.
- (3) The Member fails to make payments as prescribed in Article 14.
- (4) The Member has had a previous membership revoked for violations of these Terms of Service.
- (5) The Company determines that it cannot contact or communicate with the User because of the User’s failure to perform the procedures prescribed in Article 7 Paragraph 1.
- (6) The Company determines that the Member/User is ineligible to use the Service because of a circumstance equivalent similar in seriousness to any of the foregoing items (1) to (5).
４If the Company revokes a User’s membership for any reason given in Paragraph 3, the Company has no obligation to disclose the reason. All revocations are final and without recourse. However, when the Company informs the User of its reason for revoking a membership, the User can re-apply for membership upon providing proof that the reason for revocation does not exist. In such instances, the Company reserves the sole right to determine whether to accept or reject the re-application and bears no obligation to reinstate.
５A User whose membership was revoked pursuant to this Article forfeits any and all recourse to compensation for any and all resulting damages, losses, or inconvenience. An exception will be made if the User proves that the Company inappropriately revoked the membership intentionally or through negligence, in which case the User and the Company will work to achieve resolution through negotiation.
６Users may use the Service solely for the purpose of providing (Experts) or receiving (Members) instruction and instructional services. Users, Experts and Members alike, are barred from using the Service for any other profit-generating purposes.
Article 5: Eligibility to Use the Service
１To use the Service, a User must be at least 18 years of age and be legally competent. Minors must have the consent of a parent or legal guardian or have procedures completed by a legal representative.
２Corporate users of the Service must be legal persons that are registered and legally on-going concerns. The Company will deem any legal person as unlawful if any of the items in the corporate registry (including but not limited to trade name, address, the corporate representative’s name and address) differ from the legal person’s de facto trade name, address, the corporate representative’s name and address (etc.), and the Company will refuse it eligibility (or revoke eligibility if already granted) to use the Service.
３Private individual Users resident in Japan who are not Japanese nationals must possess the requisite visa status or official permission to be eligible to use the Service.
４The foregoing three provisions notwithstanding, the Company may refuse eligibility to use the Service if it judges a person or entity to be inappropriate as a User. In such instances, it will apply Paragraphs 3 to 5 of Article 4.
Article 6: Management of User Information
１Users are to access the Service using the email address and login password that they themselves have set. Since the email address set by a User serves as the User’s unique identification (User ID), Users are responsible for properly managing their email address and password (login credentials) themselves. The Company assumes no liability for any damage or loss the User may incur if User’s login credentials are compromised through no fault attributable to the Company.
２The Company deems any and all logins with a User’s legitimate login credentials as access by the User. The Company treats the accessing party as a legitimate and qualified User of the Service and takes no further steps to authenticate the accessing party’s identity.
３User login credentials may be used only by the User personally to access the Service. Loaning, transferring, or any other similar action involving use of a User’s login credentials to or by any third party whatsoever—including but not limited to family members, and whether for free or for payment—is prohibited under any and all circumstances. If a third party accesses the Service or attempts to use the Service as a result of violation of this provision, the User’s membership will be revoked and the User obligated to compensate the Company in the amount equivalent to the value of the Course(s) the third party viewed.
４When a User becomes aware that the User’s login credentials are being or have been used without authorization, regardless of whether or not the User is responsible for the unauthorized use, the User is to notify the Company immediately and must re-set the User’s password and other login credentials, as necessary, by initiating procedures for procuring a new password in accordance with the Company’s instructions. The Company assumes no liability for any damages, losses, or inconvenience incurred by the User resulting from the User’s failure to perform these procedures.
５Users are responsible for managing all data posted to their accounts. The Company assumes no responsibility for comprised, lost, or otherwise similarly affected data, and it bears no obligation to provide any service to assist in dealing with such situations.
Article 7: Modification of Information
１Users must keep their membership information up to date, updating it via the Member Registration input form on the Company’s website as soon as possible following any changes in or to their membership information.
２Members’ updated membership data will be applied immediately when the Member saves the updated information.
３The Company assumes no liability for any damages, losses, or inconvenience incurred by the User resulting from the User’s failure to update their membership data.
４The Company may suspend access to the Service when a Member fails to keep their membership data up to date, or when a Member fails to appropriately update their membership data. In such instances, the Company may revoke the User’s membership when the User does not update their membership data appropriately, regardless of whether the Company has notified the User of the issue.
Article 8: Notifications
Notifications from the Company to Users will be conveyed via the email address, physical address, or telephone number provided by the User as membership data, whichever means the Company deems appropriate for the notification. With emailed notifications, the Company will deem the User as having been notified as soon as the message is sent.
Article 9: Changes to These Terms of Service
１The Company may change these Terms of Service at any time, and Experts and Members will be bound by the changes.
２When changing these Terms of Service, the Company will set an effective date for the changes and notify the public of the changes and their effective date by posting them to its website on or before the date the changes take effect.
３Except when the changes are inimical to public order and good morals, Users may not object to the changes. Users who do not intend to comply with the changes when they take effect must initiate procedures for cancelling their membership as per Article 17.
Article 10: Course Content
１The Company will place the Learning Service content and other data provided by Experts on the site providing the Service as appropriate according to the systems and categories defined by the Company. The Company may list and place content in the categories it deems appropriate even when the providing Expert has specified a Learning Service category for the User’s content.
２A search function will be provided and Learning Services will be categorized on the site providing the Service in a manner conducive to Users’ finding them via searches. The Company will define and design the algorithm and other aspects of the search feature. Users cannot raise objections to the results of individual searches.
３The Company may modify Learning Service systems and categories as it deems appropriate. Such modifications may affect the exposure of individual Learning Services on the site providing the Service; in such instances, the Company assumes no liability or responsibility for those changes.
Chapter 2: Members
Article 11: Users of the Service
１Members can freely search the Courses and their content that Experts have uploaded to the site providing the Service and conclude Course License Contracts with Experts upon paying the tuition set by the Experts. Course License Contracts become valid upon the Member’s payment of the tuition. However, Course License Contracts for free courses become valid upon the Member’s submission of their application.
２Members are entitled to the following services when the Course License Contract becomes valid:
- (1) Limited Distribution Courses: When a timeframe for viewing a Course is defined on the Course’s description page, the Member may view the Course during that timeframe only.
- (2) Unlimited Distribution Courses: When no timeframe for viewing a Course is defined on the Course’s description page, the Member may view the Course without time limitations.
- (3) Monthly Contract Distribution Courses: When a Course’s description page defines the Course as a Monthly Contract Distribution Course, the Member may view the Course upon paying the monthly tuition as per the provisions of Article 15.
- (4) Event Seminar Courses: Members may attend Event Seminar Courses at the time and venue defined on the Course’s description page.
３When Members can no longer access a Course that the Company has removed from the Service because it violates these Terms of Service or the Expert providing it has been stripped of eligibility to use the Service for violating these Terms of Service, the Company is under no obligation to reimburse or compensate Members for losses incurred regardless of Course License Contract status. In such instances, Members and Experts are to resolve these issues themselves.
Chapter 3: Expenses and Other Outlays
Article 12: Expenses
１Users are to supply any and all hardware, software, communications lines, and other items necessary to use the Service solely at their own expense.
２Users acknowledge that use of the Service entails, in addition to those for the items listed in Paragraph 1, other costs and expenses for, but not limited to, telephone charges, communications charges, and various service charges, and agree to cover those expenses on their own.
３The Company is in no way and to no degree responsible for supplying or paying for any of the equipment or services mentioned in Paragraphs 1 and 2 that are necessary for using the Service. However, the Company will supply, via publication on the Company’s website, any technical information requisite for using the Service (including but not limited to requisite software and equipment specifications). Users are themselves to provide an environment or platform that satisfies these requirements. The Company assumes no liability for damage, losses, or inconvenience attributable to the requirements not being met.
Article 13: Course Preparation and Posting to the Site
１Experts are to cover all costs and expenses associated with preparing their course(s). This includes paying royalties as well as costs associated with obtaining permission to use copyrighted materials such as photos, music, and video that Experts use in their instructional content. Experts are also responsible for obtaining copyright owners’ consent via proper procedures.
２Uploading and posting course content on the Company’s website entails no usage fees.
３Experts are to cover any and all additional costs and communications fees necessary for running and maintaining their classes.
Article 14: Member Payments
１Members pay tuition fees defined by the Experts. Free Courses do not incur tuition and no payments are due for them.
２Tuition can be paid by credit card or PayPal. Tuition payments are complete with the completion of payment procedures on the website. Completion of payment renders Course License Contracts valid and in effect.
３Terms and conditions regarding payment of tuition above and beyond these Terms of Service, are to be provided on the site associated with the Service.
Article 15: Refunds to Members
１Course License Contracts concluded between Users can be cancelled after the fact when any of the following conditions apply:
- (1) Online Courses: The Company will refund in full the tuition paid by a Member when the Member informs the Company of the Member’s intent to cancel and the reason for cancelling within eight days of conclusion of a Course License Contract, when the Member wishes to cancel a Course License Contract due to dissatisfaction with the content of an online Course carrying a money-back guarantee. In such instances, the Member must inform the Company using the form specified on the website providing the Service. The point in time when the Member informs the Company of their intent serves as the date of application for cancellation.
- (2) Event Seminar Courses: The Company will refund in full the tuition paid by a Member when the Member informs the Company of their desire to cancel and the reason for cancelling a contract for an Event Seminar Course within the period defined for acceptance of cancellations. In such instances, the Member must inform the Company using the form specified on the website providing the Service. The point in time when the Member informs the Company of their intent serves as the date of application for cancellation.
Chapter 4: Vetting of Information
Article 16: Review of Content and Correction of Shortcomings
１Experts are solely and completely responsible for the reliability, validity and relevance, accuracy, and truthfulness of any and all content and other information they provide. The Company assumes no liability for these aspects of Expert-provided content and bears no obligation to vet the same for appropriateness of content or legal compliance.
２Paragraph 1 notwithstanding, the Company may review any and all Expert-provided data at any time and to whatever extent it deems fit, without the Expert’s consent, to fulfill the Company’s obligations to the public as operator of the Service.
３The Company may suspend distribution of Expert-provided Content or other information that the Company deems unfit or inappropriate as a result of a review carried out as per Paragraph 2, and initiate further investigation. In such instances, the Company is not liable for any loss incurred by either the Expert or Members during the suspension period, and Experts and Members are to resolve such issues between themselves through individual negotiations, except when the suspension was imposed on legitimate and proper content due to malicious intent or gross negligence on the part of the Company.
４If as a result of a review pursuant to Paragraph 3 the Company deems the Content to be inappropriate for continued distribution, the Company can instruct the Expert to remedy the situation by correcting or deleting the offending material.
５If the Expert refuses to follow the Company’s instruction as per Paragraph 4, the Company can revoke the Expert’s membership, terminate distribution of the content, and delete the course of which the offending content was part. In such instances, the Company assumes no liability for any damage or losses, malfunction, inconvenience, or other negative impact incurred by the Expert or Members, and the Expert and affected Members are to resolve these issues themselves through individual negotiations.
Article 17: Closing User Accounts
１A Member may close (delete) their user account and cancel their membership at any time. Once a Member has cancelled their membership, the Member can no longer use the Service. When a Member closes an account and cancels their membership, the Member forfeits all fees already paid; no refunds (including per-diem refunds for unused time) will be made.
２An Expert may not cancel their membership while any Member still subscribes to a course presented by the Expert. An Expert wishing to cancel must individually inform all Members subscribing to their course(s), and may only cancel once all subscribing Members have terminated their subscription to the Expert’s course(s). However, if circumstances make an Expert’s cancellation unavoidable, the Expert may cancel before winding down their course(s) after negotiations with the Company and gaining the Company’s consent; in such instances, the Expert must completely cover all associated costs and expenses.
Article 18: Non-Disclosure of Personal and Other Confidential Information
１Users must not disclose, intentionally or unintentionally, to any third party, personal and other confidential information that Users have gained access to or knowledge of (“acquired”) pursuant to the Service. Information is not deemed confidential, and Users are released from this non-disclosure obligation, when:
- (1) The information was already public knowledge at the time the User acquired it.
- (2) The information became public through no fault of the User after the User acquired it.
- (3) The User already possessed the information at the time the User acquired it in conjunction with the Service
- (4) The User acquired the information legitimately and without an obligation to maintain confidentiality from a third party possessing legitimate authority to disclose it.
- (5) The User had the agreement of the information’s rightful owner to disclose or provide it to third parties.
- (6) The information is disclosed or provided in order to comply with a demand from a public agent acting according to law or with the proper legal authority.
- (7) The information is disclosed or provided to comply with a demand to fulfill obligations pursuant to the Service made to a party using the information under contract.
- (8) The information is disclosed or provided to an attorney or other empowered third party within a scope necessary for resolving a dispute or settling demands for damages or compensation arising from the Service.
- (9) Item (8) notwithstanding and in addition thereto, the information is disclosed or provided to a certified public accountant, a tax accountant, or other person with a legal or otherwise legally binding mandate professionally obligating that person to confidentiality, who has been contracted to provide services related to the Service.
- (10) Any condition or situation equivalent in nature to those defined in the foregoing items (1) to (9).
２When information becomes public after the User acquires it and due to no fault of the User:
- (1) Information provided to a third party in the course of work to dispatch informational or promotional materials on services provided in conjunction with the Service.
- (2) Information provided in conjunction with sales, marketing and advertising activities of Group companies with capital ties to the Company and associated dispatch of informational or promotional materials on the Service.
- (3) Information provided to credit card companies, debt servicers, or other vendors entrusted with fee-collection procedures.
- (4) Any other information the disclosure of which is essential to providing the Service.
Article 19: Release and Indemnification
The User releases and indemnifies the Company from all responsibility and against any claims for the restoration of data and damages for losses incurred by the User or any other third party, directly or indirectly and regardless of any negligence by the Company or the degree of the losses, when those losses are attributable to any of the following:
- (1) Situations or reasons beyond the Company’s control, such as but not limited to natural disaster, epidemic or pandemic, malicious disruptive acts by third parties, or malfunction of equipment belonging to communications carriers used by the Company to provide the Service.
- (2) Data or information loss, damage, or breach; however, this does not apply when the loss, damage, or breach was intentional or attributable to gross negligence on the part of the Company.
- (3) Inability to connect to the server to access data, inability to transfer data, or loss of data integrity during transfer.
- (4) Incomplete replication of data due to malfunction or faults in the backup systems supplied by the Company for the Service.
- (5) Inability to upload or completely upload data from a device belonging to a User.
Article 20: Exclusion of “Anti-Social Forces” (Organized Crime)
１The Company and all Users declare and guarantee as follows:
- (1) The Company/User is not now and never has been engaged in, or a member of an organization engaged in, pursuing monetary profit by means of violence, duress (extortion), or fraud; such entities, whether an organization or private individual, are called “anti-social forces” and include criminal gangs, members of a criminal gang, enterprises run by criminal gangs, and greenmailers; pseudo socio-political pressure groups that use extortionist methods; “knowledge-intensive” criminal groups, and any other group of similar nature.
- (2) No officer or employee of the Company/User is an “anti-social force.”
- (3) No investor in, shareholder of, or other entity recognized as exercising control over the Company/User is an “anti-social force.”
- (4) No “anti-social force” is in involved, either directly or indirectly, in the running of the Company’s/User’s business.
- (5) The Company/User neither provides funding to nor in any way aids or abets any “anti-social force.”
- (6) The Company/User does not make use of any product or service furnished by any “anti-social force.”
２If it comes to light that an Expert is in violation of any part of Paragraph 1, the Expert’s membership will be revoked and all information and data posted by the Expert will be deleted from the website. The Expert will be liable to compensate the Company for any and all resulting damage or losses.
３If it comes to light that a Member is in violation of any part of Paragraph 1, the Member’s membership will be revoked. The Member will lose all usage privileges, even if the Member is still viewing or taking a course. The Company assumes no liability for any resulting loss the Member incurs.
Article 21: Governing Law and Jurisdiction
１These Terms of Service are governed by the Legal Code of Japan.
２Tokyo District Court has sole jurisdiction and is the agreed court of first instance for any and all disputes arising from these Terms of Service.