Terms of use

The zenschool Terms of Use (hereinafter referred to as the "Terms") stipulate the rules and regulations to be observed by students who attend "zenschool" conducted by enmono Co.

 

Chapter 1.   General Provisions

 

Article 1.   Definitions

Terms used in these Terms of Use shall be defined as follows.

The term "Services" refers to the various services provided by our company's zenschool.

"Student" shall mean an individual or a corporation who agrees to these Terms, applies for the Services through our company's designated method, and uses the Services provided by our company for a fee.

Article 2.   (Scope of this Agreement)

In addition to these Terms of Use, the bylaws separately established by the Company and posted on the zenschool website and the notice set forth in Article 4 (hereinafter collectively referred to as the "Bylaws, etc.") shall be governed by and construed in accordance with the laws of Japan. (hereinafter collectively referred to as the "Terms of Use") shall constitute a part of the Terms of Use regardless of the name.

In the event that these Terms of Use and the Terms of Use differ, the provisions of the Terms of Use shall take precedence.

Students shall use the services upon agreeing to all of the Terms of Use and Bylaws posted on the zenschool website. In the event that there is a difference between these Terms of Use and the Terms of Use, the terms of the Terms of Use shall take precedence.

Students who take the zenschool course shall also participate in the zenschool follow-up. However, after 12 months, our company shall confirm the student's intention to continue the course.

Article 3.   (Changes to this Agreement)

Our Company may amend these Terms of Use and Bylaws at any time without prior notice and students shall agree to such amendments in advance.

Our Company shall notify students of any changes to the Terms of Use and Bylaws by publication on our website, notification by email or any other method our Company deems appropriate.

Article 4.   (Student Registration)

Individuals and corporations who wish to register as students shall apply for the services after agreeing to all of the terms of use.

If our Company approves the application after reviewing the application in the previous paragraph, a contract for the use of the Services will be established between our Company and the student in accordance with these Terms of Use (hereinafter referred to as the "Service Agreement") and the student will be able to use the Services.

The Services may be used only by individuals or corporations who have applied for the Services in accordance with Paragraph 1.

Please note that our Company may refuse your registration if we deem you to be in violation of these Terms of Use or have the potential to do so.

Article 5.   (Notification from the Company)

Our Company will notify students of necessary information through the zenschool website and other methods that our Company deems appropriate.

Regardless of whether the student has received the notice or not, the notice set forth in the previous paragraph shall be deemed to have reached the student at the time when our Company posts the contents of the notice on the zenschool website in the case of posting on the zenschool website, or at the time when our Company sends an email to the email address provided by the student in advance in the case of sending email without posting on the zenschool website.

Article 6.   (Copyright, Confidentiality, etc.)

All intellectual property rights including copyrights of contents from our company or our affiliated providers belong to our company or the providers of the contents.

The content on the zenschool website (video, images, text, etc.) is provided for personal use only. Students may not reproduce, lend, publicly transmit, or show all or any part of the content without prior written approval from our company, regardless of whether it is for a fee or free of charge. Please note that students who do so without our permission may be in violation of the Copyright Act.
Permission applications should be sent to enmono Corporation, 1F, 11-37 Onaricho, Kamakura City, Kanagawa Prefecture, 248-0012.

All design rights, copyrights, and other intellectual property rights for projects solicited through our company and the zenschool website shall belong to our company.

At the start of the course, our company and the student shall enter into a separate confidentiality agreement.

Article 7.   (Use of the Services)

The zenschool website uses cookies in order to improve services for students. If cookies are disabled on your computer settings, you will not be able to log in to the zenschool site and will not be able to use some of the services, so you will need to enable cookies.

Article 8.   Usage Fees

Student fees for the services (hereinafter referred to as "membership fees") and usage fees for individual services shall be determined separately by our Company.

Students shall pay the membership fee or usage fees for individual services to our Company by the designated date by bank transfer based on the invoice from our Company. Students shall be responsible for all bank transfer fees.

Our Company shall refund the full amount of membership fees paid by students for the month following the date of cancellation if the cancellation is due to our company. In the case of cancellation for the convenience of the student, 50% of the amount from the month following the cancellation date will be returned after deducting a cancellation fee. The refund of the cancellation fee will be made by bank transfer.

Article 9.   (Cancellation of the Service Contract)

When students wish to withdraw from the services, they shall notify our company of the cancellation of the service agreement in a prescribed method.

If a student cancels the service agreement, the student will no longer be able to use the services from the viewing period specified by our company. Specifically, students will not be able to log in to the zenschool website to view paid videos or download paid materials or audio data.

Students may continue to use paid materials and audio data that they have downloaded to their own computers and other devices in an official way that our company has specified in the service before they terminate the service agreement, but only for their own personal use after they terminate the service agreement.

Article 10.   Interest on Late Payment

When students do not pay the fixed amount to our Company by the due date, they shall pay to our Company the amount calculated by the rate of 14.5% per year for the number of days from the day after the due date to the day when the unpaid amount is paid to our Company as a late fee.

Article 11.   (Suspension and Cancellation of Services)

Our Company may suspend the services and cancel the service agreement with students without prior notice when students fall under any of the following conditions. We may also claim compensation for damages from students even if we cancel the service agreement.

When our Company deems that a student's actions fall under any of the prohibited acts stipulated in these Terms of Use.

When it is found that a student has provided false information in the application.

When a student does not pay the membership fee or delays payment.

In the event of any other violation of these Terms of Use.

When there is a suspension of payment such as dishonored bills, when there is a delinquency in payment of taxes and public dues, when there is a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, or corporate reorganization proceedings, or when the student's financial condition deteriorates and it becomes difficult to fulfill obligations under the service agreement, or when it is recognized that there is a possibility of such.

When there is no response to repeated communications from our Company.

Our Company deems inappropriate for any other student.

Article 12.   (Outsourcing to Third Parties)

Our Company may outsource all or part of the business of providing the Services to a third party.

Chapter 2.   Prohibited Matters, etc.

Article 13.   (Prohibited Items)

Students shall not engage in any of the following acts.

  1. Transfer or assignment of rights or obligations related to the use of the Services to a third party.

  2. Reproducing, duplicating, modifying, accumulating or transferring the contents of the Services without our permission.

  3. Any activity that infringes or may infringe the copyrights or other rights of other students, third parties or our Company.

  4. Any activity that infringes or may infringe the property or privacy of other students, third parties or our Company.

  5. Any other conduct that causes or may cause disadvantage or damage to other students, third parties or our Company.

  6. Any act that defames, harasses, stalks, threatens or violates the legal rights of other students, third parties or our Company.

  7. Any act that is offensive to public order and morals, any act that provides other students or third parties with information that is offensive to public order and morals, or any act that may be offensive to public order and morals.

  8. Any action that violates laws and regulations, or any action that is or may be linked to a crime or crimes.

  9. Any campaigning or similar activities, or activities related to sex, religion, or politics, regardless of whether or not it is during an election period.

  10. Any act for the purpose of profit or preparation for profit through or in relation to the zenschool website (excluding the Company and corporations and other organizations affiliated with the Company).

  11. Acts of using or providing harmful programs or data, such as computer viruses, through or in connection with the zenschool site.

  12. Use of the zenschool Site by any means other than those specified by the Company.

  13. Acts of using the Service by impersonating another person.

  14. Linking data related to the Service to other data, etc., in a manner other than that approved by the Company.

  15. Unauthorized access to data stored on computers used by the Company, or any act that may destroy or damage such data.

  16. Acts that interfere with the operation of this service.

  17. Other than the above, acts that the Company deems inappropriate.

 

Article 14.   Posting, etc.

  1. Students may not reproduce, translate, summarize, adapt, sell, distribute, or transmit (including making transmittable) any of the contents on the zenschool website without charge or for an indefinite period of time to our Company and its affiliates. The Company and its affiliates are granted the right to reproduce, translate, summarize, adapt, sell, distribute, and automatically transmit (including making transmittable) such statements, etc. without charge and for an unlimited period. Students shall grant to our Company and its affiliates the right to reproduce, translate, summarize, adapt, sell, distribute and automatically transmit (including making transmittable) without charge and indefinitely, and shall not exercise moral rights over such statements.

  2. If a student writes or speaks in violation of the previous article, or if our Company deems a student's writing or statement to be inappropriate for the operation of the zenschool website, our Company may store, manage or delete such statements, or disclose or provide them to third parties without prior or subsequent notice. Our Company may store, manage, delete, or disclose or provide to a third party without prior or subsequent notice. In such cases, students shall not object to any of our Company's measures. However, our Company shall not be obligated to supervise students' writings or statements through the measures described in this paragraph.

 

Article 15.   (Responsibility for Management of Student ID and Password)

  1. Students shall manage and use passwords and other student ID information (hereinafter referred to as "Student ID") granted by our Company for use of the Services at their own risk.

  2. Student IDs may only be used by the student and may not be transferred, sold, lent, inherited, disclosed or leaked to a third party. Any statement of intent made to our Company using a student ID shall be deemed to be a valid statement of intent by the student, and the student shall be responsible for all payments that result from such statement and our Company shall not bear any responsibility.

  3. Our Company shall not be responsible for any trouble or damage caused by unauthorized access due to leakage of student ID to a third party, regardless of the student's intention or negligence.

 

Article 16.   (Dealing with Violation of These Terms)

  1. Our Company may take any of the following measures or a combination of the following measures against a student when the student violates these Terms of Use, when our Company receives a claim or demand from another party regarding the use of the Services by the student and when our Company deems it necessary or inappropriate for the operation of the Services for other reasons.

    1. To notify the student to stop any activity that violates these Terms of Use.

    2. To take reasonable measures necessary to stop an action that violates these Terms.

    3. To request that we hold discussions with other parties to resolve any claims or demands.

    4. To suspend the use of the Service with prior notice. However, if our Company deems it urgent, we shall give notice after the fact.

  2. Students agree that our Company shall not be obligated to take measures stipulated in the previous paragraph. Students shall not make any objection to our Company regarding the results of measures taken by our Company under the preceding paragraph.

  3. Students shall compensate our Company or third parties for any damages caused by violating these Terms of Use through the use of the zenschool website.

  4. If our Company suffers damages under the preceding paragraph, students shall pay additional late fees based on the rate of 14% per year from the date the damage occurred until payment is made.

Chapter 3.   Personal Information Protection

Article 17.   (Purpose of Collection of Personal Information)

Our Company may ask students to register their personal information such as contact information and name when using some of our services. Registered personal information will be handled within the scope of the purpose of use specified when using each service and will be strictly managed.

Article 18.   (Use of Personal Information)

  1. Our Company shall appropriately handle students' personal information entered by students (hereinafter referred to as "Personal Information") in accordance with the "Personal Information Protection Policy" which will be posted on the zenschool website.

  2. In providing the Services, our Company may handle students' personal information within the following scope.

    1. To notify students of personal authentication and operation tasks required for the provision of the Services or changes, additions or discontinuation of the Services.

    2. To respond to requests and inquiries from students and to contact them.

    3. To conduct questionnaire surveys to improve the quality of the Services, and to analyze and compile the results.

    4. To implement advertisements, promotions, events and privileges related to the Services, and to send notifications and product information via email or in writing.

    5. To process student withdrawals due to cancellation of registration.

    6. To contact students by email or in writing to request their consent to use their personal information.

    7. To contact students by email or in writing for other purposes that our Company deems beneficial to the students.

  3. Our Company will not disclose personal information registered by students to any parties other than cooperating companies with whom we have concluded confidentiality agreements. However, this does not apply to the following cases.

    1. In the case of sending e-mails, direct mail, and other information from the Company.

    2. When the Company uses the information to provide individual services.

    3. When we compile and analyze personal information statistically to create statistical data that cannot be used to identify or specify individuals.

    4. When it is necessary to protect the life, health, property, or other vital interests of students or the public.

    5. When required by laws and regulations.

    6. When we receive consent from students.

    7. When our Company deems it reasonably necessary for the operation of the Services.

Chapter 4.   Suspension of the Service

Article 19.   (Suspension of the Services)

  1. Our Company may temporarily or permanently suspend all or part of the Services without prior notice to students under any of the following circumstances.

    1. In the event of system expansion, maintenance, or other reasons necessary for the provision of the Services, the Company may suspend part or all of the central facilities such as systems and servers.

    2. When it is unavoidable for maintenance or construction of the Service Facilities, etc.

    3. When maintenance is required due to a breakdown of the Service facilities.

    4. In the event that a natural disaster, incident, or other emergency occurs or is likely to occur.

    5. When maintenance is required due to a failure or malfunction of the Service facilities, etc.

    6. When unavoidable for operational or technical reasons.

    7. In any other cases where the Company deems it desirable to suspend all or part of the provision of the Service.

  2. Our Company shall not be liable for any damages incurred by students due to delay or suspension of the Services under any of the preceding paragraphs or any other reasons.

Chapter 5.   Disclaimer

Article 20.   (Disclaimer)

  1. Our Company shall provide the Services with the care of a good manager based on these Terms of Use, however, our Company shall not guarantee any results of the Services.

  2. Our Company shall not be liable for any damages incurred by students in connection with the use of the Services, regardless of default liability, tort liability or any other legal liability, unless otherwise specified in these Terms of Use.

  3. Our Company shall not be responsible for any problems that arise between students and third parties through the use of the Services. Students shall be responsible for resolving such problems at their own expense and shall not cause any inconvenience to our Company.

 

 

Chapter 6.   Others

Article 21.   (Consent Jurisdiction)

The Tokyo District Court shall be the exclusive court of first instance for any dispute between students and our Company regarding the Services and these Terms of Use.

Article 22.   Governing Law

These Terms of Use shall be governed by the laws of Japan.

Article 23.   (Declaration of Excitement!

Those who agree to this Agreement shall pledge to manufacture products with excitement. Let's work together to make the world a better place.

 

Above

Enacted and effective as of January 31, 2015