“Terms of Use for JRCS INFINITY Training”

JRCS CO. Ltd. (“JRCS”) stipulates the following terms of use (these “Terms of Use”) concerning the use of the online services, which are provided via the “JRCS CO. Ltd. INFINITY Training” operated by JRCS (the “Services”), by the potential subscribers and users thereof (collectively, “Users”).
Users shall subscribe for the Services after having agreed to the provisions of these Terms of Use and the privacy policy separately stipulated by JRCS (https://infinity-xip.com/other/privacy/; the “Privacy Policy”).

Article 1. Scope of Terms of Use

• The scope of application of these Terms of Use includes any use of the online services on the webpage for the Services (the “Webpage”), as well as any communications made via email, or other methods, concerning the Services between JRCS and Users.
  

Article 2. Membership Registration

• 1. Users shall subscribe for the membership registration for the Services through the procedures stipulated by JRCS. Upon registering as a member, Users shall confirm and agree to the following matters. JRCS will not be responsible for any damage caused as a result of any User’s breach of the following matters:
  
  • (1) Users shall prepare a terminal with the OS recommended by JRCS;
    (2) Users shall install a web browser of the type and version recommended by JRCS;
    (3) Users shall prepare a communication environment recommended by JRCS;
    (4) With regard to the paid services among the Services provided by JRCS, Users shall pay the usage fees by the payment method set forth in Article 5 of these Terms of Use;
    (5) For the quality control of and the avoidance of trouble concerning the Services, JRCS may confirm/record the necessary information, such as Users’ login history, the records of the terminals, etc. which the Users used to login and the contents of the provided Services;
    (6) JRCS shall deliver emails and give email notifications to Users. Users shall prepare an email address through which such email delivery/notification may be received from JRCS;
    (7) In order to improve the quality of the customer support services, JRCS may record the data and audio of any inquiries, etc. made by Users, and store such records; and
    (8) JRCS may provide or conduct notifications, advertisements, questionnaires, etc. concerning the Services via email or any Webpage app, etc.
    
  
  2. Membership registration shall be completed by moving on to the account creation screen from the account registration screen, sending the time zone and email address, accessing the URL sent via email, and entering information such as one’s name, email address and time zone (the “Account Information”).
  
  3. If a User falls under any of the following, JRCS may reject such User’s membership registration, and even if registration has already been completed by such User, JRCS may cancel such membership registration:
  
  • (1) Such User has made a misrepresentation, incorrect entry or omission with regard to the Account Information at the time of registration;
    (2) Such User has breached these Terms of Use before;
    (3) Such User has failed to pay the usage fees and/or the optional fees;
    (4) Such User has not satisfied JRCS’s recommendations, such as for the terminal used, browser environment and line speed;
    (5) It is apparent that more than one User is using the Services via the same account, or it is apparent that one User is using more than one account; or
    (6) JRCS otherwise decides that such User is unsuitable for using the Services.
    
  
  4. After membership registration, Users shall be able to commence the use of the Services in accordance with the contents of Article 6.
  
  5. The information required for logging-into or for using the Services, such as email addresses and passwords used by Users upon registration for the Services (collectively, the “Password Information”), must be strictly controlled at the Users’ own responsibility.
  JRCS may deem any use of the Services to have been conducted by the User him/herself, if the Password Information entered at the time of login matches the registered Password Information.
  
  6. Users shall not cause any third party to use their Password Information, and any and all assignment, lending, etc. of the same to any third party is forbidden.
  
  7. If a User loses or forgets his/her Password Information, or if there is a suspicion of the same being fraudulently used by a third party, such User must promptly notify JRCS to that effect, and must follow JRCS’s instructions. JRCS will not be obliged to provide compensation for any damage, etc. arising due to such User’s delay in such notification.
  
  8. From the aspect of security, Users shall set and use original Password Information for the Services, which is different from those used for other websites and services.
  
  9. Users shall be responsible for any damage arising from Users’ poor management of the Password Information or the use thereof by a third party.
  
  

Article 3. Change in Registered Information

• If it becomes necessary to change the Account Information, Users shall conduct the procedures for change of registered information by the method stipulated by JRCS and without delay. Even if a User has incurred any damage by delaying or failing to conduct such procedures for change, JRCS shall not be responsible for any and all such damage.
  

Article 4. Usage Period

• Users shall be able to use the Services during the effective term of their membership registration.
  

Article 5. Usage Fees

• Users shall complete the payment procedures for the usage fees of the paid services among the Services via the Softbank payment service before commencing use.
  

Article 6. Services

• 1. Upon using the Services, Users shall comply with the conditions of use set forth in the user manuals for each Service.
  
  2. Users shall be able to use the free services among the Services immediately after membership registration.
  
  3. Users shall be able to use the paid services among the Services after membership registration and after having completed the payment procedures for the usage fees in accordance with Article 5.
  
  4. Users shall make sure to confirm, by the method designated by JRCS, each time before using the Services, that there are no problems in the terminal, OS, communication environment, etc. that they are using.
  
  5. If there are any documents, etc. which may be downloaded among the Services, Users will download the same, so that they will be available for review when using the Services.
  

Article 7. System Use and Recommended Environment for Use

• 1. The Services will be provided using technology or the dedicated app which conforms to HTML5. Upon such use, Users must agree with the following:
  
  • (1) Users shall prepare JRCS’s recommended environment;
    (2) When using the Services on iOS and Android terminals, Users shall download and install the dedicated app and confirm its functions, etc. before commencing use;
    (3) Users shall conduct any download, installation, setting, use, etc. of the recommended browser and the iOS and Android dedicated app at their own responsibility;
    (4) JRCS shall not be responsible for any malfunction or problem attributable to the recommended browser, HTML or other apps, etc. which arises after commencement of the Services; and
    (5) JRCS cannot respond to any consultation, inquiry, etc. concerning the services/functions defined by the recommended browser or HTML.
    
  
  2. Upon using the Services, Users shall comply with the recommended environment designated by JRCS. If a User uses the Services out of the recommended environment designated by JRCS, such User shall not be indemnified in any case. The recommended environment designated by JRCS shall be as follows:
  
  
  • Recommended Environment for Use
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    [OS]
    
    • (PCs) The environment recommended for the following browsers
      (Tablets and Smartphones) Android 5.0 or after / iOS8 or after
      
    
    [Browser]
    
    • (PCs) The latest version of Firefox, Safari, Google Chrome or Microsoft Edge
      (Tablets and Smartphones) The Safari/Chrome Browser installed in each OS as a standard specification
      
      * If a terminal does not have the recommended browser, the User will have to newly install the same.
      
    
    [Internet Communication]
    
    • Broadband (ADSL/optical fiber), CATV, mobile network, etc.
      * When using pay-as-you-go internet communication services such as by using mobile networks via tablets or smartphones, please make sure to pay attention to the communication fees.
      When using the Services via tablets or smartphones, we recommend that you use the same by accessing broadband networks via Wi-Fi.
      
    ---------------------------------------------------------------------------
    
  
  3. If any obstacle arises in relation to the use of the system for the Services due to a problem attributable to other apps, plugins, etc. installed in the terminal used by a User, JRCS cannot respond to any inquiries or indemnifications, etc.
  

Article 8. Prohibited Acts

• 1. Upon using the Services, Users shall not engage in any of the following acts:
  
  • (1) Acts of assigning, lending, buying, purchasing, changing the name of, creating a pledge for, and offering as collateral, the rights to use the Services to a third party;
    (2) Acts of assigning, lending, etc. the Password Information to a third party, or acts of causing a third party to use the same;
    (3) Acts which infringe upon JRCS’s rights to honor/credit, copyrights, patent rights, utility model rights, design rights, trademark rights or any other rights, or which infringe upon any lecturer’s or any other third party’s privacy rights, publicity rights or any other rights;
    (4) Illegal acts or acts which violate the public order and morals;
    (5) Acts which obstruct the use or operation of the Services, such as unauthorized/unpermitted access to or fraudulent manipulation of JRCS’s server;
    (6) Acts of using the Services for doing business, gaining profit or making preparations for either of the foregoing;
    (7) Acts of inducing or encouraging other Users of the Services to conduct an illegal act;
    (8) Acts which cause other Users of the Services to incur economic or mental damage, or other disadvantages;
    (9) Other acts of using the Services for any purpose other than its intended purpose;
    (10) Criminal acts or acts which lead to criminal acts;
    (11) Acts of prying into JRCS’s confidential information;
    (12) Acts of using violent language or threatening behavior against the staff or lecturers in JRCS’s support center, or acts of obstructing the progression of support services;
    (13) Acts of multiple Users using a single account;
    (14) Acts of one User registering more than one account; or
    (15) Other acts which JRCS decides are inappropriate.
    
  
  2. If a User causes any damage to JRCS or a third party due to any acts of breach set forth in the preceding paragraphs, such User shall bear any and all legal responsibilities, even after suspension of use of or withdrawal from the Services, etc.
  

Article 9. Responses to Prohibited Acts

• 1. If User falls under any of the following, JRCS may, without the need to provide such User with any prior notice, take measures that JRCS deems appropriate, such as discontinuing the provision of the Services, suspending such User’s use, and deleting such User’s membership registration (withdrawal of membership):
  
  • (1) Engaging in any of the prohibited acts as stipulated in Article 8;
    (2) Violating any of the provisions of these Terms of Use;
    (3) Delaying or failing to make payment of the usage fees or optional fees;
    (4) Not following JRCS’s instructions in using the Services; or
    (5) Any other case where JRCS deems User’s use of the Services to be inappropriate.
    
  
  2. If User is subject to JRCS’s disposition under the preceding paragraph, JRCS shall not reimburse such User for any usage fees already paid.
  

Article 10. Change in Details of Services

• JRCS may change the details of the Services upon providing Users with notice.
  

Article 11. Application for Suspension and Withdrawal

• 1. Users may not suspend or cancel the use of the Services after subscribing therefor.
  2. Users shall perform the withdrawal procedure on the Webpage. In such case, JRCS may delete the User’s Account Information in accordance with the User’s request.
  3. Upon completion of the withdrawal procedure, the User shall no longer be able to login or browse his/her usage history.
  

Article 12. Notice by Email

• 1. When JRCS transmits information regarding the Services, it shall be sufficient if such transmission is provided to the email address registered by each User (the “Designated Email Address”). The handling regarding changes of these Terms of Use shall be as set forth in Article 19 hereof.
  2. JRCS’s notice to Users shall be considered to have been completed upon sending the same to the Designated Email Address.
  
  3. If necessary, Users may need to change various settings regarding the Designated Email Address and permit emails to be received from JRCS (domain name: jrcs.co.jp).
  4. JRCS shall not assume any responsibility even in the case where JRCS’s email does not arrive at User due to any deficiency or error in the Designated Email Address or User’s failure to change the email receipt settings.
  5. JRCS may provide Users with advertisements and surveys via email, and may also otherwise encourage Users to use the Services.
  

Article 13. Handling of Registered Information

• JRCS may use the registered information of a User’s account, such User’s lecture history and such User’s browsing history of the Webpage based on the provisions of the “INFINITY Training Privacy Policy” (https://infinity-xip.com/other/privacy/; the “Privacy Policy”).
  

Article 14. Discontinuation and Termination of Services

• 1. JRCS may discontinue or terminate the Services upon posting an announcement on the Webpage or providing Users with notice in advance. In addition, if it becomes difficult to provide the Services due to failure of HTML and apps, domestic or overseas political situation, natural disasters, including typhoons, earthquakes, heavy rain and lightning, human-generated disasters, including fire, riots and disputes, power cuts, or failure of servers providing the Services, training for lecturers and staff, or any other reason not attributable to JRCS, JRCS may discontinue the Services without providing any prior notice.
  2. JRCS may discontinue the Services or decrease the number of services provided due to the holidays stipulated by the country in which the lecturer in charge of a lecture on the Services is located, or due to any other reason not attributable to JRCS, upon posting an announcement on the Webpage or providing Users with notice in advance. Users may agree in advance that, if the foregoing event occurs, the Services may become temporarily unavailable or there may be a decrease in the number of available services.
  3. Even if Users cannot use the Services on the holidays, etc. stipulated by the country in which the lecturer in charge of a lecture on the Services is located, JRCS shall not provide any compensation to Users, and Users shall agree to the same in advance.
  

Article 15. Liability for Damage

• 1. If User violates these Terms of Use, JRCS may claim compensation against the User for any and all damage incurred due to such act of violation.
  2. The scope of damage which may be claimed by Users toward JRCS based on a flaw or default in the Services shall be limited to within the scope of the direct and actual damage incurred by the User, unless there is any willful intention or gross negligence on the part of JRCS, and the maximum amount shall be the usage fees for the Services that the User paid to JRCS in the month in which such damage occurred.
  

Article 16. Intellectual Property, Etc.

• 1. Any intellectual property rights, including copyrights, and other rights in and to the Services, as well as the footage, sound and training materials of lectures provided in the course of the Services (collectively, the “Contents”) shall belong to JRCS and other rights holders. In addition, any and all intellectual property rights, including copyrights and trademark rights in and to trademarks, logomarks, statements, etc., as well as other rights regarding the Services, shall belong to JRCS.
  2. Users may not use, duplicate or otherwise use the Contents for any purpose other than User’s learning, and shall only use the same in the way designated by JRCS.
  3. Users may not sell (including by way of auction), provide as a gift, or lend (whether with or without consideration) any reproduction of the Contents, the right to use of the Services, or any textbooks, etc., regardless of the method of and reason therefor.
  4. If User violates any of the paragraphs of this Article, JRCS may take legal measures (including, without limitation, warnings, criminal complaints, claims for damage, injunctions against use, and measures to restore honor). In such case, the User shall provide compensation for any and all damage incurred by JRCS and take measures to repair JRCS’s damage in accordance with JRCS’s instructions.
  

Article 17. Disclaimer

• 1. Users agree in advance that JRCS will not provide any compensation for any of the following occurrences:
  
  • (1) When User is not able to use the Service to such User’s satisfaction (including, without limitation, the following cases):
    
    • (a) When the occurrence of the case set forth in Article 17.1(1) is caused by a shortage of the number of services provided, due to a rapid increase in the number of the users of the Services, or any of the events stipulated in Article 14.2 of these Terms of Use;
      (b) When User is unable to reserve the Services during a specific time period desired by such User;
      (c) When the occurrence of the case set forth in Article 17.1(1) is due to any of the events stipulated in Article 14.1 of these Terms of Use; or
      (d) When the occurrence of the case set forth in Article 17.1(1) is caused by unauthorized access to or alteration of User’s messages and data, or any other act engaged in by a third party.
      
    (2) When JRCS performs maintenance of systems on a regular basis or an urgent manner;
    (3) When virus infection or other damage occurs due to files received or opened by User at such User’s own risk;
    (4) When User is unable to use the Services due to loss or inoperability of Passwords, Information caused by User’s negligence;
    (5) Incompleteness, inaccuracy, oldness, unsafety, etc. of all information and links, etc. provided on the Webpage;
    (6) When a User is unable to use part of the Services due to such User’s use of a website which is operated by a third party other than JRCS and which has a link to or from the Webpage, or when a service that was considered to be provided on such website in the course of the Services is not actually provided;
    (7) When a trouble or failure occurs in association with the payment method; or
    (8) When it becomes difficult to provide the Services due to any reason not attributable to JRCS.
    
  
  2. JRCS makes no representation or warranty to Users as to the (i) fitness for a particular purpose of the corporation or person using the Services, (ii) accuracy, or (iii) function or detail, of the Services.
  

Article 18. Indication of Dates and Times in Relation to Services

• In making an indication [/With regard to indication] in relation to the Services and these Terms of Use, the dates and times such as membership registration date, the use start date, the month in which the use starts, the due date of payments of various usage fees, the due date of various applications shall be in accordance with the time in the time zone of each User.
  

Article 19. Change in Terms of Use

• 1. JRCS may change these Terms of Use and, in such event, JRCS shall notify Users of the details of the change on the Webpage or via email. In the case where a User continues to use the Services without performing the procedure as stipulated in Article 11 of these Terms of Use after the notice of the details of such change, such User shall be considered to have agreed to these Terms of Use after such change.　
  2. If an amendment, etc. to a compulsory statute causes part of these Terms of Use to conflict with such statute, such part shall be considered to have been changed to bring it into compliance with the provisions of the said statute.
  

Article 20. Confidentiality

• Users shall not, without JRCS’s prior approval, disclose, divulge or use for any purpose other than using the Services, any of JRCS’s information which comes to be learned through the use of the Services and can be recognized as being confidential in nature (“Confidential Information”).
  

Article 21. Severability

• Even if part of these Terms of Use is found to be invalid, the remaining parts shall continue in full force and effect.
  

Article 22. Governing Law and Agreed-Upon Court of Exclusive Jurisdiction

• 1. These Terms of Use shall be governed by the laws of Japan. Any matter not set forth in these Terms of Use or any doubt arising in relation to the Services shall be discussed between the parties in good faith.
  2. In the event that a dispute is unable to be resolved despite the discussion pursuant to the preceding paragraph, the Tokyo District Court or Tokyo Summary Court shall be the agreed-upon court of exclusive jurisdiction in the first instance.