Corporate User Contract Provisions (NetLearning, Inc.)
Chapter 1 General Provisions
Article 1 (Implementation of regulations)
1. The regulations hereby indicated (hereafter referred to as "Regulations") will apply to all circumstances where the user makes use of the services provided and maintained by NetLearning, Inc. (hereafter referred to as "Our Company"), over the Internet (hereafter referred to as "Our Services").
2. Our Company may have NetLearning Holdings, Inc. (holding company of Our Company's asset-owned subsidy), or any of our sales contractors and sales contracting partners (organizations) conduct, exercise, and fulfill certain acts, rights, and obligations to Our services on behalf of Our Company.
3. It is understood that potential and current users of Our Services are deemed to have agreed to comply with the content of the Regulations, either by clicking on the "I agree" button on the webpage or indicating their agreement in other ways designated by Our Company.
4. The original copy of the Regulations is documented in Japanese. In case any doubt or discrepancy arises regarding the understanding of the Regulations text, the Japanese original will have priority of meaning in understanding the documented text.
Article 2 (Communication to Users)
1. Our Company will communicate and make available to users at all times matters related to the Regulations on the Internet or in the ways as Our Company deems most appropriate.
2. Any announcement made for Item 1 will be effective at the same time our company performs the announcement procedure according to the Regulations.
3. The announcements Our Company makes to the user will be incorporated in the Regulations.
Article 3 (Amendments)
1. Our Company may alter the Regulations without user's approval. After alteration, Our Services shall be subject to the revised Regulations.
2. The revised Regulations will be announced to the user according to Article 2, and the user will be deemed to have agreed to the same, unless the user makes any claim.
Article 4 (Regulation Premises)
1. Whenever Our Company makes any individual service regulation or addendum to the service regulations, such regulations will be incorporated in the Regulations.
2. If there is any conflict between the individual or addendum regulations and the Regulations, the newly added regulations will have priority over the original Regulations.
Chapter 2 Users
Article 5 (Users)
1. The user will belong to any of the following categories:
(1) Individuals whose applications for using Our Services have been accepted by Our Company;
(2) Individuals whom Our Company have approved to use Our Services in any manner other than (1);
2. The user will be deemed to have agreed upon all terms indicated in the Regulations upon Our Company's approval to use.
Article 6 (Permission for Use)
1. Our Company will receive applications for using our services in the way designated separately, and we will issue acceptance for these applications after conducting due examination and other administrative procedures.
2. Our Company might not give approval to the user to use Our Site the user falls under any of the following:
(1) When no actual user/applicant exists
(2) When the applicant is already registered as a user
(3) When the applicant has been in violation any of the Regulations in the past
(4) When there are any false entries in the application items, or when any of these items are left incomplete.
(5) When the applicant is under 20 years of age, under surveillance for mental disability, legally unable to make valid decisions, or has been legally determined to have limited ability to make valid decisions and the user application has not been made by the legal guardian, or the legal guardian has not approved the same application
(6) When our company deems the applicant to be ineligible for any other reasons
3. Any fees resulting from the user partaking of our services prior to Our Company's approval of the user to partake the services will be accounted to such applicant, and such applicant will have the responsibility to pay those fees.
Article 7 (ID and Password Issuance and Contracts)
1. Our Company will issue a password and ID number for the user whose application has been approved.
2. The contract between our company and the user (hereafter referred to as "Contract") will take effect on the issue date of the user ID and password.
Article 8 (NetLearning Membership)
The user who obtained the user ID and password according to Article 7 will at the same time obtain a client's membership from Our Company.
Article 9 (Prohibition on Transfer of User Rights)
The user may not assign/sell/transfer/pledge his user rights and privileges to a third party.
Article 10 (Application for Changes in User Status)
1. The user will promptly inform Our Company of any changes in user status by submitting the designated forms to Our Company.
2. In case the user becomes inconvenienced in any way for failing to submit the forms indicated in Item 1, Our Company will not be liable for or bear any responsibility for the inconvenience.
3. Changes in permanent user status such as family name and date of birth will not be accepted, in principle, unless they involve change(s) in the user's family name due to marriage for individual users and change(s) in the name of the organization for corporate users.
Article 11 (Facilities)
The user will at its responsibility and expenses, procure the necessary telecommunication devices, software, and other necessary facilities for Our Services to create a proper setting for partaking of Our Services. The user will also access the Internet for using Our Services, paying to the due expenses and assuming full responsibility for the action.
Chapter 3 Services and Fees
Article 12 (User Services)
Our Company will provide to the user via the Internet the learning/self-study services for our range of learning courses and the following supplementary services (hereafter referred to as "Supplementary Services"):
(1) User profile registration
(2) Bulletin Board System services
(3) Journal services
(4) Message services
(5) Questionnaire services
(6) Footprints (Number of access) services
(7) Other services to accompany the above-indicated services
Article 13 (Service Fees)
The user will pay the fees as designated separately upon using Our Services before starting its course of study. The payment of the fees will be made according to the method approved by Our Company. However, payments made by corporate users will abide by the "Rules and Regulations for Corporate Users of NetLearning Services".
Article 14 (Agreement upon Starting Use of Services)
1. Our company will allow the user to use Our Services by issuing an ID and passwords, and the user may use Our Services abiding by the conditions of the Regulations.
2. Our Company will announce and remind the user of issuing an ID and password, by taking such a way as Our Company deems most appropriate.
Article 15 (Termination of Use of Services)
1. The user will submit a form designated by our company upon terminating use of Our Services.
2. Our Company will refund one-third of the fees paid by the user to Our Company, when the user decides to terminate use of Our Services within seven days from the starting date as determined by Our Company. This refund will be based on the condition that the user will pay the bank transfer fees and other necessary handling fees for making the refund. The Regulations will apply to Our Services provided to the user, even in the case of such mid-course termination. Corporate users should refer to the "NetLearning Corporate User Rules and Regulations" for this matter.
3. Our Company will not make a refund for any due payment other than that indicated in Item2.
Article 16 (Interest to be Paid for Delay of Payment)
1. The user will pay a 14.5% interest per annum, for the days counted from the remittance deadline to the previous day of the Remittance, when the user failed to pay the due service fees on time.
2. The user shall be responsible for the money transfer fee and any other handling fees necessary for making the payment indicated in Item 1.
Article 17 (User Limitations)
1. The user may not disclose to any third party any part of the information and software (hereafter referred to as "Contents") on the NetLearning system web server comprising Our Services.
2. The user may not grant the right to reuse, distribute, sell, assign, or rent Our Services.
3. The user may not let any third party perform any activities that infringe Items 1and 2.
Article 18 (Elimination of ID and Password)
Our Company has the right to cancel the user's application for using Our Services and eliminate the ID and password issued to the user with prior notification even after Our Company approved the user to use Our Services, in case the user trespasses the rules and Regulations.
Chapter 4 User Obligations
Article 19 (Responsibility for Handling the ID and Password)
1. The user will assume full responsibility for using and maintaining his/her own ID and password.
2. Our Company will not be held responsible for damage or inconvenience arising from a third party using the user's ID and password, whether or not the incident was due to the user's fault.
3. The user will immediately inform Our Company and follow the instructions given by Our Company when the user forgets the password setting or becomes aware of a third party having stolen or used the user's ID and/or password.
4. The appropriate user will be responsible for and must bear all debts and other payments undertaken by any third party indicating the user's issued ID and password in using Our Services.
Article 20 (Principles on User Responsibility)
1. The user will be held responsible for all transactions made using the ID and password issued to it, whether or not the user actually performed these transactions.
2. The user bears all responsibilities for the information posted in the profile information, digital bulletin board entries, and information indicated in the web journal (hereafter referred to as "Posted Information") made as a Supplementary Services.
3. The user will regularly keep a back-up record its Posted Information it deems necessary, being aware that the company has no obligation to preserve such data.
4. The user will solve any problems that may arise with regard to a third party upon using our services, such as inquiries/claims/etc, making due payments if necessary.
5. In case the user has any requests/inquiries/claims for the third party which arise in the course of using the Supplementary Services, it shall be responsible for solving them on its own risk and expenses.
6. The user will make due compensations when a third party or Our Company suffers any damage from the user using our services.
Article 21 (Other Prohibited Matters) Users are prohibited to perform the following acts.
(1) Inappropriate use of the (issued) ID and password;
(2) Activities that utilize or provide malicious computer programs such as viruses in relation to Our Services or through using our services;
(3) Activities that produce by-products based on the digital contents in the process of revising all or part of the Contents;
(4) Activities that damage or may damage Our Company's rights and privileges concerning registered trademark, intellectual property;
(5) Activities such as reproducing, sales, and publishing the data, information, texts, software, etc, acquired through Our Services that exceed the limits of private use permitted in the Copyright Act;
(6) Activities that cause or may cause damage to a third party's assets/privacy/image rights;
(7) Behavior involving third-party discrimination or libel, causing the third party's loss of honor or trust;
(8) Criminal acts or any acts that might involve or lead to criminal actions or behavior;
(9) Activities involving prostitution, religion, and politics;
(10) In addition to all of the above-indicated acts, activities that infringe legal compliance, or those activities that defy the terms of these regulations, acts that are illegal or brutal (such as prostitution, violence, physical abuse), those that disturb the maintenance of our services, activities that causes loss of trust for our company or impinge upon the company's assets, or activities that cause the company profit loss;
(11) Any acts that will give rise to the above-mentioned acts or behavior;
(12) Other inappropriate activities, as deemed by Our Company.
Article 22 (Termination and Cancellation of User Rights)
1. If any of the items indicated in the previous Article 21 apply to the user's status or behavior, Our Company may suspend the user privilege granted to the user, or we may terminate the user privileges for future use of Our Services. In case the user privileges are terminated, the user will be obliged to pay all the debts the user may have to Our Company under this Contract.
2. Our Company will not be liable for any compensation for damages to the user whose use of Our Services has been interrupted resulting from performing the penal action in Item 1.
Article 23 (Damage Compensation)
The user will be held responsible for compensating any damage Our Company and the third party may have which is caused by trespassing the Regulations and legal compliance.
Chapter 5 On Handling Privacy Information
Article 24 (Personal Information)
Our Company will handle appropriately the following personal information:
(1) Registered information required for using Our Services, such as name/address/date of birth/e-mail address/etc;
(2) Information on user services, their content, and their fees and billing procedure;
(3) The ID and password issued to users by Our Company to enable them to use our services;
(4) Information including comments, questions, answers, questionnaire entries, and other inquiries and replies thereof, as well as digitally posted information, excluding comments made on the web-based "salon," an open initiative;
(5) Information recorded in the process of using Our Services, namely log-in, log-out, study logs and grades given to the user;
(6) Other information including e-mails, telephone calls, facsimile, letters and other correspondences between the user and Our Company, as well as the replies and other communication for the above-mentioned correspondences.
2. Our Company may disclose personal information to the appropriate corporation to which the user belongs, if such information is obtained in the process of using our services for the purpose of corporate training and disclosure to such corporation is agreed by the user.
3. Our company will not ask users to provide any other information not indicated in Item 1.
Article 25 (Personal Information)
1. Our Company use the personal information indicated in Article 24 above only for the following purposes:
(1) To provide Our Company's services;
(2) To perform Supplementary Services to Our Services, such as billing for service fees;
(3) To investigate and analyze the trends in Our Company's service use;
(4) To conduct research and develop new services for Our Company.
2. Our Company will outsource the handling of personal information to NetLearning Holdings, Inc., the business contracting party for Our Company, within the terms and conditions indicated in Item 1.
3. Our Company will not disclose to a third party the personal information as indicated in Item 2, not withholding the practical application of the regulations as indicated in Items 1 and 2, unless the disclosure applies to any of the following conditions:
(1) When the user agrees to disclose his/her personal information in a separate agreement;
(2) In handling the information in collaboration or as an outsourcing matter with a third party for the purpose indicated in (1);
(3) When transferring personal information to a third party in the transfer of business, sales, division of companies and asset transfer;
(4) When sharing the personal information with a third party, and where the name of the specific third party and the purpose of the use has previously informed him/her or has already been made public.
4. In handling personal information, Our Company shall abide by the Regulations as well as the personal information security policy and appropriate handling of personal information.
Chapter 6 Conditions, Revision, and Termination of Services
Article 26 (Service Conditions)
1. Our Company may limit Internet access to Our Services on its independent decision, when Our Company deems that user surveillance is necessary for maintaining Our Services.
2. Our Company may delete Posted Information which is considered inappropriate in providing our services, without informing the user posting the information.
3. When the user causes the loss of another person's honor through Posted Information, impinges on privacy rights, discloses a third party's personal information without approval, or performs activities that violate Copyright ACT (Japanese National Law No. 48, 1970), or behaves in such ways that intrudes on another person's rights and privileges, Our Company may resort to legal action following proper legal procedures.
Article 27 (Changes in Service Details, etc.)
Our Company may change the details of Our Services without previous notice to the user.
Article 28 (Temporary Suspension of Services)
Our Company may temporarily suspend Our Services in case the following incidents occur:
(1) There is a problem with the Internet and the user cannot access the Internet;
(2) When the user is unable to access the Internet due to the problem in the telecommunications facility of our Company's Internet service providing contractors;
(3) When there is an urgent need to perform maintenance for our technical facilities for providing Our services, either regularly or urgently, for which the regular maintenance requires one month's previous notice to the user;
(4) When Our Services could not be provided due to fires, blackouts, and other emergencies;
(5) When Our Services could not be provided due to earthquakes, volcanic eruptions, floods, tsunami, and other natural disasters;
(6) When we become unable to provide Our Services due to the spread of epidemic and contagious diseases;
(7) When we become unable to provide Our Services due to war, turbulence, uprisings, conflicts, and labor negotiations;
(8) Other cases where temporary suspension of Our Services become necessary due to server maintenance or technical reasons.
2. When Our Services are delayed or suspended due to the above-indicated incidents, Our Company will not be liable for any damage suffered by the third party or the user from the same circumstances.
Article 29 (Termination of Services Provided)
Our Company may stop providing part or all of Our Services, and will inform our users thereof at least three months beforehand.
However, these provisions might not apply in case of emergencies.
Article 30 (Penalties)
1. The Contents of Our Services will be depending on what we are able to provide at the point of providing the same services.
2. Our Company will not assume any responsibility or compensation obligations from the damage of the third party caused by use using Our Services (including damage caused by troubles between the user and the third party).
3. Our Company will not be liable for compensating any damage suffered by the user or a third party from the inconvenience of not being able to use Our Services due to termination, suspension or access limit to Our Services.
Chapter 7 Other
Article 31 (Conflict Negotiation)
In case of conflict arising between the user and Our Company in using Our Service, both parties will negotiate in good faith in solving the conflict.
Article 32 (Judicial Institution)
When it becomes necessary to file a lawsuit between the user and Our Company, the Tokyo District Court shall have the exclusive jurisdiction over any matters relating the Regulation.
Article 33 (Provisionary Laws)
The Regulations shall be governed and construed by Japanese law.
These regulations have been effective since April 1, 2000.
These regulations were revised and have been effective since October 6, 2000.
These regulations were revised and have been effective since September 1, 2003.
These regulations were revised and have been effective since December 1, 2003.
These regulations were revised and have been effective since October 1, 2007.
These regulations were revised and have been effective since July 1, 2010.
These regulations were revised and have been effective since April 1, 2014.
These regulations were revised and have been effective since July 2, 2020.
Handling personal information requires special attention, since it involves the privacy of our shareholders including our customers, whose individual character and properties may be jeopardized by this procedure. NetLearning understands the importance of the nature and handling of personal information, and we are constantly making efforts to respect the character and to protect the privacy of individuals whose personal information we have acquired through appropriate company procedures.
Article 1 Acquisition and Use of Personal Information
NetLearning will acquire personal information through appropriate business procedures with clearly delineated purposes and handle every personal information acquired in conducting our business, set regulations for the nonproliferation of these personal information contents, and implement them accordingly. We shall also duly implement administrative and security measures for handling personal information within the limits of business interaction.
Article 2 Administration and Protection of Personal Information
NetLearning will strictly administer all personal information acquired, and we will disclose those information to our parent company and partial business contractor, NetLearning Holdings (the 100% holder of the shares that have been issued by NetLearning). We will not otherwise disclose / provide any data to third parties without obtaining the consent of the individual customer.
Article 3 Commitment to Compliance and Codes of Conduct
NetLearning will adhere to the rules, guidelines, and regulations concerning the handling of personal information acquired through our business, as established by Japanese legislation.
Article 4 Responding to Claims and Inquiries
NetLearning will respond promptly to all inquiries and claims with regard to the personal information acquired in business by setting regulations for receiving and responding to inquiries and claims concerning our services.
Article 5 Our Personal Information Management Policy and Constant Improvement Thereof
NetLearning will make constant efforts in improving our administration and implementation with regard to the protection of personal information.
Revised on 1 April 2014
Revised on 1 September 2013
Revised on 1 August 2007
Revised on 7 July 2005
First established on 1 October 2003
Toru Kishida, Chief Executive Officer
Telephone: 03 5338 7411
Address: 3rd Floor, Shinjuku Kifu Building,
7-2-4 Nishishinjuku, Shinjuku-ku,
Tokyo 160-0023, Japan
Management of Personal Information
1. Personal Information Acquired
NetLearning will handle the following information as personal information that need to be protected.
We will not accept any other personal information.
Name, address, date of birth, e-mail address, and other information required for registering user information in making use of our e-learning and other business -related services (hereafter, “services”);
Business service contents and service fee information including invoices;
User ID and password issued for using our services;
Any statement, question, answer, questionnaire, and other feedback on the Q&A for e-learning, and information posted on the Internet bulletin board;
The log-in / log-out information as recorded on the system for using our e-learning service, learning progress record, and course grade reports;
Other information submitted to us, and exchanged with the NetLearning staff, by e-mail, telephone, facsimile, and post-mail letters, web site.
2. Disclosure on the Uses of Personal Information
In compliance with Articles 18 and 24 of the Personal Information Protection Law, we will disclose the personal information we have acquired for business purposes in the following ways:
(1) Personal Information Concerning Our Customers with Inquiries
To disseminate information on NetLearning activities;
Responses to user inquiries;
To provide our services;
To investigate and analyze user status for our services;
For research and development of new services;
To announce seminars, exhibits, and new products.
(2) Personal Information Concerning Our Customers
For communication purposes with customers;
To execute the premises of contract agreement;
To announce seminars, exhibits, and new products;
Communication concerning the billing and collection of fees for our services provided;
For research and development of new services;
Responses to user inquiries.
(3) Personal Information Concerning Our e-learning Users
< Individual Users >
For enrollment and enrollment record-keeping purposes;
To collect the due fees for individual users who have applied for enrollment in courses requiring payments;
For research and development of new services.
< Corporate Users >
For enrollment and enrollment record-keeping purposes;
To collect the due fees for individual users who have applied for enrollment in courses requiring payments;
To provide the services indicated in contract agreement;
For research and development of new services.
(4) Personal Information Concerning Our Shareholders
To execute the privileges according to company laws and regulations;
To implement various measures promoting positive and cooperative relationship between our shareholders and company.
For administration of shareholder relations, such as keeping and updating our record of data concerning our shareholders, according to and abiding by the due legislation, rules, and regulations.
(5) Personal Information Concerning Individual Applicants to Job Openings
Communication on recruitment, openings, and other information for persons with interest in our business activities and job applicants to NetLearning;
For personnel employment purposes.
(6) Personal Information Concerning Our Employees and Board Members
Personnel placement and positioning at NetLearning and other human resources management, salaries, compensation, and other labor management issues;
Welfare, safety, health, and security;
Education, training and development;
Applications and notices to comply with due rules and regulations.
3. Personal Information Entrusted to Us
NetLearning will use the personal information entrusted to us from the training and development sections of our corporate customers within the limits of the corporate training provided. We will disclose the personal information acquired (entrusted to us) to the parent company and partial business contractor, NetLearning Holdings (100% holder of the shares that have been issued by NetLearning).
4. Disclosure of Personal Information to Third Parties
NetLearning will not disclose personal information to third parties under any circumstances, except for the following purposes.
Requests according to individual agreement;
Requirements to comply with legal regulations;
In emergency situations where the life and / or property of the individual need to be protected, and where individual agreement is difficult to obtain;
Where personal information is entrusted to the company for individual purposes.
5. Items Regarding Procedures for Information Disclosure
NetLearning promises to respond to every inquiry / request for correction, addition, and elimination of individual personal information, making sure to confirm the identity of the inquirer or authorized representative of the inquirer. For inquiries and / or claims concerning our handling of personal information, please contact our privacy protection help desk indicated below. Thank you.
6. Our Privacy Certification Organization and Contact Information for Claim Submission and Solution-Seeking
Name of Organization : JIPDEC http://www.jipdec.or.jp/eng/index.html
Contact : https://contact.jipdec.or.jp/m?f=245
7. About our website
(1) Cookie handling specifications
We use so-called “cookies” in our e-learning services and our website. The “cookie” is the information that enables us to determine when and which web page our customers accessed, not including their names, mail addresses, and other personal information.
To show the next page upon the user-customer's subsequent access
To upgrade the e-learning service quality according to customer learning status
To improve the web site or enhance user convenience based on access analytics
To use for making the advertisement more effective
(2) Declaration Concerning Customer Information Indicated on Linked Sites on the Web
We are not liable for the third-party web links from our web site. We recommend our home page visitors to check respective web sites and their policies with regard to personal information (such as privacy policies).
8. Contact Person for Protection of Personal Information
Hiroyuki Sato, Vice President and Executive Director, NetLearning, Inc