The MOA Terms of Service (hereinafter referred to as the “Terms”) stipulate the rules, terms, and conditions for registration with and participation in “Master Online Academy” (hereinafter referred to as “MOA”) and related services (hereinafter referred to as the “Service”) provided by Masterships Co., Ltd. (hereinafter referred to as the “Company”) as a user (hereinafter referred to as the “Member”).
Your use of the Service indicates that you agree to follow and be bound by the Terms.
Article 1. Purpose of the Terms
The Member shall comply with the Terms in good faith when using the Service.
Article 2. Revision of the Terms
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1.
The Company may revise Terms at the discretion of the Company. In such cases, the terms of use depend on the revised Terms.
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2.
The revised Terms shall become effective at the time when it has been listed online unless otherwise stipulated by the Company.
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3.
If a revision of the Terms has a great influence on the Member, the Company shall notify the Member of such revision by e-mail regardless of the regulation of paragraph 1 and the preceding paragraph in this article, and the Member shall be deemed to have agreed to the revision if such Member starts using the Services after such notification.
Article 3. Member Registration
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1.
If the Member wishes to participate in the Services, he/she shall install charge-free VoIP software (Zoom) and register him/herself as a Member by the method designated by the Company.
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2.
When registering, the Member shall confirm in advance that his/her own network environment is suited to his/her use of the Service.
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3.
The Member shall be deemed to have agreed to the Terms at the time of temporal registration or official registration.
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4.
Member Registration and the free trial period are allowed only once per person. In the event that multiple member registrations by the same person and unfair use of the free trial period is discovered, the Company shall claim damages and the Member shall pay them. However, this does not apply when registering as the parent or guardian of a child looking to take lessons in the “MOA Private Tutoring” category.
Article 4. Refusal of Member Registration
The Company may refuse a Member's registration if any of the following items are applicable to the Member:
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(1)
If an existing member attempts to register under another name;
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(2)
If any entry in the application form for the member registration is false, incorrect, or omitted;
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(3)
If the Member's registration may interfere with the smooth operation of the Service;
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(4)
If the Member was expelled by the Company from the Service in the past; or
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(5)
If the Company considers the Member's registration inappropriate for reasons other than those stated above.
Article 5. Start of Use Date
The Start of use date for the Service is the day that the Company notifies the Member by email of the completion of the Member's registration.
Article 6. Time Limit for Participation in the Service
There is no time limit for participation in the Service. However, if the Member does not reserve a lesson for six (6) months or more, the Company may delete the Member's registration without prior notice.
Article 7. Refunds
The Company will not refund points purchased by the Members regardless of whether the points were used or not. The same shall apply in the case that the Member is not able to utilize the Service due to the Member's network environment, network connection, network software, or connection conditions.
Article 8. Details of Lessons
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1.
Points purchased by the Member through this Service either by bank transfer or credit card payment shall become reserved points when a lesson is reserved, and the points shall be completely consumed when the lesson is completed. The expiration date of the purchased points shall be one month from the date of purchase (Japan Standard Time) and shall not be extended.
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2.
If the Member cancels a lesson reservation through the cancellation form up to 2 hours before the start of the lesson, the Company shall return the points used to reserve the lesson. Cancellations made less than 2 hours before the lesson time are considered emergency cancellations and points will not be returned. In addition, if the Member does not contact the tutor or attend the lesson within 5 minutes from the start of the lesson time, the lesson will be considered cancelled by the Member and the points will not be returned.
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3.
If the tutor was unable to teach the lesson due to special circumstances or if the Member was unable to attend a lesson due to a problem that is the responsibility of the Company, the Company shall return points appropriate for the situation as determined by the Company. In addition, if the lesson duration was not 25-minutes due to the tutor's circumstances, the points used for the lesson will be returned. If the total time of the actual lesson reaches 25-minutes due to time adjustments with the tutor, the points will be consumed as usual.
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4.
The Member shall confirm the details such as the available lesson times, lesson hours, and lesson fees on the Company's website.
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5.
If the lesson is delayed due to the circumstances of the Member, the lesson will end on schedule and the Member's points will not be returned.
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6.
Credit card payments shall be processed by a payment processing company designated by the Company.
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7.
If the Member communicates with a tutor, the Member shall contact the tutor by using the message box function in the MOA's system. Any exchange of personal contact information (phone number, address, e-mail address or social media account, etc.) between tutor and Member shall be prohibited.
Article 9. Prohibited Acts; Termination of Registration
If the Member falls under any of the following items that are prohibited acts or matters, the Company may reject the Member's participation in the Services or terminate the registration without any notice or demand to the Member. Such termination under this article shall not preclude the Company from claiming damage compensation against the Member.
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(1)
If the Member is found to be a member of an organized crime group, a company, body, or person related to an organized crime group or other anti-social forces;
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(2)
If the Member expresses threatening words or behaviors or uses violence relating to any transaction with the Company, discredits the Company or interferes with its business by spreading rumors or false information or by fraudulent means or force, or performs any act similar to any of them;
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(3)
If the Member abusively makes any demand to the Company's employees or other related persons or requires them to bear any burden exceeding a reasonable scope;
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(4)
If the Member performs any acts related to criminal acts or acts contrary to public order or morals;
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(5)
If the Member sends any harmful information including computer viruses or other harmful computer programs;
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(6)
If the Member infringes on any intellectual property rights, portrait rights, privacy rights, honor or other rights or interests of the Company, tutors, or third parties;
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(7)
If the Member scrutinizes any confidential information not disclosed by the Company to the public in relation to the Services, or the terms and conditions of tutor contracts.
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(8)
If the Member harasses tutors or commits other types of harassment such as interference with the progress of any lesson;
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(9)
If the Member or his/her agent attempts to personally contact tutors by any means other than the method approved in the Service outside the hours of any lesson;
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(10)
If the Member utilizes the Service for any similar business or business purpose or for preparation for such business;
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(11)
If one Member uses several accounts without the Company's permission.
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(12)
If the Member solicits or induces tutors to use any service other than this Service or to work for any company other than this Company;
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(13)
If the Member performs any threatening, obscene, vulgar, indecent, abusive, or offensive action against other users of the Service, third parties, the Company, Company's staff, or tutors;
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(14)
If the Member performs any act which creates, causes, or results in purchase and sale or financial interest with other users of the Service or third parties by any method other than the method approved by the Company;
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(15)
If the Member uses any abusive language against any staff of the Company's customer support section or interferes with the operations of such section;
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(16)
If the Member records any sounds or videos of the use of the Service without permission from the tutor; or
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(17)
Any other acts that the Company deems inappropriate.
Article 10. Measures in cases of Disaster
In the event that the lesson service is temporarily interrupted due to a sudden system failure, domestic situation, natural disaster, or other reasons beyond the Company's control in the country where the lesson is provided, the Company shall resolve the issue through consultation with the Member, including the return of points or a plan for resumption of the lesson.
Article 11. Scope of Responsibility
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1.
If the lesson cannot be provided to the Member due to the Company's circumstances, the Company shall return the points of the lesson to the Member. The Company shall not be liable for any other damages incurred by the Member due to lesson cancellation, even in the case of sudden cancellation. However, this shall not apply in the case of willful misconduct or gross negligence on the part of the Company.
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2.
If the Company considers that the lesson could not be taken due to the Member's network device or network connection, the Company shall not return the Member's points.
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3.
The Member shall not infringe copyright and other rights of any third party regarding the files, videos, and images he/she sends or uploads to tutors, and shall not cause any trouble to the Company.
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4.
In the event that the site is inaccessible due to server connection failure, the Company shall endeavor to restore the site and shall not compensate the Member for any lost opportunities. However, this shall not apply in the case of willful misconduct or gross negligence on the part of the Company.
Article 12. Protection of Personal Information
The Member's personal information which the Company may know shall be handled in accordance with the Company's Privacy Policy. The Privacy Policy shall not apply to personal information personally provided by the Member to the tutor.
Article 13. Copyrights and Ownership
Any and all copyrights and ownership relating to trademarks, descriptions, and logos in relation to the Services shall belong to the Company. The Company prohibits the Member from using or redistributing any copy or duplication of such trademarks, descriptions, or logos.
Article 14. Governing Law; Jurisdiction
If any lawsuit or legal action is required between the Company and the Member, such lawsuit or legal action shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan for the first trial.
Terms of Service for Members with MOA (Master Online Academy)
Establishment: December 1, 2020
Revision: April 14, 2021
Revision: June 2, 2021
Revision: August 25, 2021
Revision: July 25, 2022
