Succeed Co. Ltd. (“Succeed”) offers the service of online language study (“service”) either to indivual applicants who follow the procedures indicated by Succeed or members who are authorized by Succeed to represent the applicant.
- “applicant” refers to an individual who applies for Succeed services
- “member” refers to an individual who is registered by Succeed as a recipient of the service
- “teacher” refers to a contracted teacher
- “purpose of the service” refers to language study courses from Succeed
- “personal information” refers to all personal information given by the member to Succeed which would identify the member, including his/her name, telephone number, mailing address and E-mail address
- “A Ticket” refers to a credit which a member can use for one lesson hour (60 minutes) of Succeed service. Succeed will indicate the member’s current number of credits by counting the number of unused electronic tickets. However, Succeed does not issue any printed tickets.
2 Application of the Terms
These Terms apply to all applications made for Succeed services and for the use of them.
3 Contents of Succeed service
Main contents of Succeed service are to offer :
- online language lessons
- general information about language learning and international culture
4 Ancillary items and conditions of use of the service
(1) It is necessary for the member to provide the following equipment and network environment.
- A Personal computer
- A Web browser
- Software and communications equipment
- A headset
- A webcam
- An internet connection (a broadband cable internet connection is recommended)
(2) Succeed takes no responsibility for any bad network connection due to a busy network or any problems with the Member’s modem. In these situations, Succeed will not refund the tuition fee.
5 Contract observance
The member is not allowed to disclose any information listed below, regarding the school management, marketing and technology (“secret information”) during and after the termination of the contract.
- Information regarding financial management and personnel details
- Business plans, marketing manuals, students, teachers and employee lists
- Guidance from teachers’ training and the making of teaching materials
- In addition, any information which is deemed confidential
6 Application Procedure
- Applicants for Succeed service (“applicants”) should apply online after having agreed with the policy written in these Terms. You may use our application form which is specified by Succeed.
- Applications of students under 18 years old must be made by their parents, guardians or an appropriate adult acceptable to Succeed.
7 Formation of Succeed Service Contract
(1) The contract between the applicants and Succeed is formed at the moment of “completion of application”. “Completion of application” refers to the stage where an applicant has made the first payment and Succeed has received it.
(2) Succeed at its own discretion may choose to not accept an application should any of the following conditions occur;
- The previous Succeed membership of the applicant or the Member was terminated for violation of these Terms.
- Succeed finds any false, incorrect or blank information in the application form.
- For any other reason that Succeed decides that the application is inaccurate or not appropriate.
8 Payment for the services
Fees incurred by sending money or paying into the Succeed account (“handling fees”) must be paid by the applicant or member who is making the payment .If the payment is made with the handling fees being deducted, Succeed will recalculate the issued lesson tickets at the revised amount.
9 Purchasing limit of lesson tickets
The amount of lesson tickets that can be purchased at once is limited. (up to 50,000 yen excluding tax)
10 Notice of Succeed service commencement
Succeed will send each new member an E-mail to inform him/her of the commencement of the service when his/her registration to Succeed is successfully completed.
11 Validity of the lesson tickets (“tickets”)
Lesson tickets are valid for two years from the day of purchase.
12 Contact by Succeed
The member agrees that Succeed or the teacher may contact him/her by e-mail.
13 Change of registered information
When there are any changes to the registration information including names, addresses, and E-mail addresses, the member must inform Succeed immediately. Succeed does not take responsibility for any problems with the service caused by the member’s delay of notice.
14 Cancellation or change of reservation and absence from lessons
(1) To change or cancel a reserved lesson, you must follow the procedures indicated by Succeed. If the change/cancellation is made before the deadline, the tickets will not be counted.
(2) Succeed will not accept any changes/ cancellations of lessons after the deadline. If the member fails to cancel or misses a lesson for any reason, Succeed will count the lesson as if it had been completed and will charge the equivalent number of tickets as if the member had taken the lesson as scheduled. In any case, for cancellation or change of the lesson schedule, Succeed would appreciate as early notice as possible.
(3) If Succeed receives the member’s cancellation of the service, Succeed shall refund purchased tickets as indicated below;
- Unit price of tickets purchased × the number of remaining tickets – 10,000 yen
- ＊Succeed will deduct 10,000 yen as a cancellation fee.
- ＊Succeed will not refund the fee for the tickets used.
- ＊Bank fees for any refunds are the sole responsibility of the member who is terminating the service.
- ＊Bank fees charged by recipient banks vary according to the institution. Succeed uses Mitsui-Sumitomo Bank, Takadanobaba Branch to send refunds.
15 Interruption of a lesson by the member
In the situation where there is an interruption of a lesson due to the member’s change of schedule or a bad internet connection, Succeed will charge for the lesson.
16 Cancellation/change of Reserved lessons by Succeed or a Teacher
If Succeed or the teacher cancels/changes a reserved lesson, Succeed will return the equivalent amount of the lesson tickets to the member.
17 Interruption of a lesson by Succeed or a teacher
In the situation where there is an interruption of a lesson caused by Succeed or a teacher, Succeed will reissue equivalent tickets for the lesson time which has not been taught.
18 Copyright and Intellectual Property Rights
- All documents, teaching materials and information provided by the Succeed service and its homepage are subject to copyrights and all the intellectual property rights of Succeed and/or relevant third parties.
- Members must not violate copyrights (Japan Copyright Act, Article 21 to Article 28) and any intellectual property rights which belong to Succeed or any other third party.
- Members can not use any documents, teaching materials or information provided by the Succeed service except for his/her personal use unless he/she holds special permission by Succeed.
- Members or any unauthorized third party may not copy, publish or translate any of information, teaching materials, movies, exams and service contents provided by, and belonging to, Succeed.
19 Suspension of or changes to the service
- Succeed retains the right to change, add to, or suspend all or part of its service contents without notice.
- In case of difficulties with any relevant device or internet connection, Succeed may cease its service without notice in order to identify the cause and suggest an immediate solution.
- In case of any change, addition to, suspension or termination of part or the whole of the Succeed service, Succeed may distribute at its own discretion an advance notice to the members by E-mail or via the Succeed website where possible.
- Succeed is not responsible for any losses or damages caused by changes to, suspension or termination of part or all of the Succeed service.
- The member agrees that there may be some cases of late delivery or failure of E-mails due to network or device problems. Neither the member nor Succeed will be responsible for any losses or damages caused by problems of E-mail delivery.
As an education service institute, Succeed and all staff will treat information about our students and clients appropriately and securely.
(1) Basic Policy
- Collection and use of personal information
Succeed respects its member’s personal rights and privacy. Succeed has its own purpose for collecting information and will limit its use.
- Protection and management of personal information
Succeed will never sell, rent or exchange personal information about its members to any third party.
Succeed protects personal information by maintaining its secure system against any illegal access to, loss or change of, a member’s personal information.
If you have any questions about the handling of personal information, please contact Succeed’ s customer service department at the following:
(2) Purpose of use of personal information
Succeed uses personal information contained on the application form, enquiries and questionnaires for the purpose of;
- Running an effective educational service
– to conduct efficient lessons including lesson reports to support the students with revisions
– to manage the students lesson records and grades
– to provide appropriate academic advice — for efficient handling of fees
- Improvements to the educational service. Succeed may refer to a member’s personal information in order to assist with improvements to the school’s management policy.
- Providing notice about new services to all clients, including currently enrolled students and graduates of Succeed.
- Managing information about Succeed graduates. Succeed would like to maintain a list of our graduate students and follow their career paths as well as informing them of changes to our services.
If personal information is to be used for any other purpose, Succeed will contact the member to request permission.
21 Compensation for damages
- Succeed is not liable to the member for his/her ability in Japanese, conformity of his/her study purposes with the Succeed service or the implicit security of his/her rights, as far as the relevant law applies.
- Under no circumstances will Succeed be liable for any losses or damages (whether such losses were foreseen, foreseeable, known or otherwise) including loss of profits, indirect, consequential, special or exemplary damages or losses caused by any compensation claim by third parties, even if Succeed has been aware of the possibility of such damages.
- Succeed takes limited responsibility declared within these Terms and will not be liable for any compensation for any losses or damages of any kind arising to the member or an applicant for the service.
(1) Succeed will not be liable for any losses or damages (whether such losses were foreseen, foreseeable, known or otherwise) including loss of profits, indirect, consequential, special or exemplary damages or losses due to a compensation claim against a member by third parties for such reasons as;
- Loss or damage during installation of a network cable, network troubles or bad connections
- Loss or damage due to power cuts including scheduled power cuts
- Loss or damage due to unforeseen and/or unavoidable incidents such as fires and/or other natural disasters
- Loss or damage caused by the member
- Loss, damage or unwanted changes to information stored on their computer or other devices
(2) The member agrees that Succeed or its teachers shall not be liable for technical problems including loss, damage or changes to information stored on his/her computer or other devices, due to viruses spread through contaminated emails sent by Succeed or it’s teachers.
In case of violations of these rules by the member, Succeed may terminate his/her contract without refunding any of the fees paid. The following behavior is strictly prohibited.
- Switching, transferring or renting the rights which a contracted Succeed member receives to third parties without prior notice to, and approval by, Succeed
- Violation, or putting under the threat of violation, the copyright and the intellectual Property Rights which belong to Succeed and/or any other third party
- Illegal access to the IDs of other members of Succeed
- Violation of the privacy of Succeed and/or any other third parties
- Illegal access to the secure information of Succeed
- Using or providing harmful computer programs such as a computer virus to Succeed and/or any other third parties
- Any defamatory or slanderous behavior towards Succeed and/or any other third parties
- Damaging or threatening to harm the business of Succeed and/or any other third parties
- Sending or publicly distributing illegal data of any kind to Succeed and/or any other third parties
- Violation of laws, immoral or harmful behavior towards Succeed and/or any third parties
- Taking lessons from Succeed teachers without using valid Succeed lesson tickets, and/or making reservations with Succeed teacher outside the Succeed reservation system
24 Elimination of Transactions With Anti-Social Forces
(1) Succeed and member mutually represent and warrant that:
- neither it nor its officers and shareholders (hereinafter, “Related Parties”) are an organized crime group, a company related to an organized crime group, or any party related to each of the preceding or a member thereof (hereinafter collectively referred to as “Anti-Social Forces”);
- neither it nor its Related Parties use Anti-Social Forces;
- neither it nor its Related Parties cooperate with or have any involvement in the maintenance and operations of Anti-Social Forces through the provision of funding or favors, etc.;
- neither it nor its Related Parties have any relationship with Anti-Social Forces; and
- it will not, either itself or using a third party, engage in acts of violence, fraud or intimidation against the other party, damage the honor and credit of the other party, or interfere with the business of the other party.
(2) Succeed and member may immediately cancel this Agreement in whole or in part without notice, without making any demands of the other party and without undertaking any other procedures when the other party is found to have violated its representations and warranties prescribed in the preceding paragraph. In this case, the party who violated its representations and warranties shall immediately compensate the party cancelling this Agreement for all damages it has suffered.
In case of any suits or legal actions brought against Succeed, The Tokyo District Court or the Tokyo Summary Court, depending on the amount in controversy, will govern them as an agreed exclusive competent court in the first instance.
26 The Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of Japan.
If there is any dispute between the member and Succeed concerning any Succeed service, the problem should initially be solved through open discussion between Succeed and the member.
28 Applied Language for Succeed service
These terms are originally written in Japanese. It is agreed to follow the interpretation of the original Terms in Japanese when they are translated into other languages.
29 Continuous Effectiveness of the Terms
Although a part of these Terms may be invalidated by relevant authority or governing law, it is agreed that other contents of these Terms will remain effective.