Terms of Use for Ohanasi Kagawa Online International Exchange Events
These Terms of Use for the Ohanasi Kagawa Online International Exchange Events (hereinafter the “Terms”) set forth the rules applicable to all persons who use the online international exchange events organized by Ohanasi Kagawa.
Anyone who wishes to participate in an event must agree to these Terms and to the separately established Privacy Policy (hereinafter the “Privacy Policy”) and complete the application procedure.
Article 1 (Definitions)
The terms used in these Terms are defined as follows:
“Event”: Refers to the Ohanasi Kagawa international exchange event.
“Secretariat”: Refers to the Ohanasi Kagawa administrative office.
“Service”: Refers to all services provided by the Secretariat in relation to the Event under these Terms, including organizing, recruiting, selecting, modifying, operating, conducting, and canceling the Event, and any other operational management.
“Website”: Refers to the Ohanasi Kagawa website.
“App”: Refers to the Ohanasi Kagawa web application.
“App Registrant”: Refers to a person who has registered for the Ohanasi Kagawa web application.
“Participation Ticket”: Refers to the ticket required to participate in an Event.
“Prospective Participant”: Refers to a person who wishes to participate in an Event. There is no age restriction for participation in the Event; however, if a Prospective Participant is under 16 years of age, they must obtain the consent of their parent or guardian and participate using the account of such parent or guardian on “Remo,” the communication service designated by the Secretariat.
“User”: Refers to a person who uses the Service under these Terms, and also a person who has applied to participate in an Event under Article 4 and whose participation in such Event has been confirmed.
“Paid Plan”: Refers to all paid-plan services provided by Ohanasi Kagawa.
“Paid Plan User”: Refers to a person who has applied to use the Paid Plan under Article 6, whose registration has been approved, and whose registration has been completed. There is no age restriction for registration to the Paid Plan; however, if a Prospective Participant is under 16 years of age, they must obtain the consent of their parent or guardian and participate using the account of such parent or guardian on “Gather Town,” the communication service designated by the Secretariat.
“Language Partner”: Refers to the entire Ohanasi Kagawa Language Partner matching service under the Paid Plan.
“First Contact”: Refers to the initial online meeting conducted between two Paid Plan Users who have never previously conducted an online meeting as Language Partners.
“First Contact Request”: Refers to a request made to another Paid Plan User to conduct a First Contact.
“First Contact User”: Refers to a person for whom a First Contact has been successfully arranged within the Language Partner service.
“Language Partner User”: Refers to a person for whom a Language Partner agreement has been successfully established within the Language Partner service.
“Online System”: Refers to “Remo” or “Gather Town,” the communication services designated by the Secretariat.
Article 2 (Principles of Event Operation)
The Event will, in principle, be conducted using the Online System in a format where Users are paired in groups of two to engage in conversation. However, in the following cases, it may be unavoidable that groups of three are formed:
When the total number of Users is an odd number;
When last-minute cancellations or unannounced absences by Users occur just before the Event;
When mechanical or technical trouble occurs during the Event, resulting in a sudden decrease in the number of Users;
In any other case where the Secretariat so deems necessary.
Based on the preceding paragraph, the Event will proceed by alternating between Japanese and English at time intervals determined by the Secretariat. Users shall endeavor to use both languages in a balanced manner during conversation.
The conversation partner in the Event will not necessarily be a native speaker. Therefore, even if the conversation partner is not a native speaker, the User shall not raise any objection of any kind against such partner or the Secretariat.
As provided in paragraphs 1 and 2 above, the ease of one-on-one conversation is important in the Event. Therefore, if a User cancels participation at the last minute or is absent without notice, it will interfere with the operation of the Event and inconvenience other Users. Accordingly, the following rules shall apply to Event participation, and Users must strictly comply with them:
Users must not be absent from an Event without completing the cancellation procedure.
If a User wishes to cancel participation in an Event, they must complete the cancellation procedure via the App no later than one hour before the Event start time.
If a User violates either rule (1) or (2) above even once, a “cancellation policy violation” will be added to that User’s record in the App. If a User accumulates three or more cancellation policy violations, they will be prohibited from participating in any future Events. However, if such User explains the circumstances to the Secretariat and takes special measures such as paying a cancellation fee, the User may be permitted to participate again.
Article 3 (Event Date and Time)
The Secretariat will set the date and time for Events and post them on the Website. However, the date and time of Events may be changed, or Events may be canceled at the discretion of the Secretariat. Users must therefore always check the Website for the latest Event schedule.
Article 4 (Application for Events)
Upon registration to the App, App Registrants will be granted ten (10) Participation Tickets. Thereafter, on the first day of each month, the number of Participation Tickets will be reset to ten (10). Paid Plan Users have an unlimited number of Participation Tickets.
Prospective Participants shall agree to these Terms and the Privacy Policy and shall accurately apply via the App for participation in the desired date and time of the Event. The Privacy Policy is also stated at the bottom of these Terms of Use.
Users will be determined on a first-come, first-served basis. Therefore, submitting an application does not guarantee participation in the Event.
Unless the User cancels in advance, one Participation Ticket will be used one hour before the start time of the Event for which the User has applied. For Paid Plan Users, the concept of Participation Tickets does not apply, and they may participate in Events without limitation.
Prospective Participants who have zero (0) Participation Tickets cannot apply to participate in an Event.
Article 5 (Event Participation Fee)
The Events are operated through financial support from supporters and collaborators who endorse the activities of Ohanasi Kagawa. Therefore, Users are not required to pay a participation fee for the Events, except for the Paid Plan.
Article 6 (Paid Plan)
A person who wishes to use the Paid Plan (hereinafter a “Paid Plan Applicant”) shall first attend a free preliminary interview. Thereafter, by providing certain information specified by the Operator (hereinafter “Registration Information”) in a manner prescribed by the Operator, the Paid Plan Applicant may apply to the Operator for registration to use the Paid Plan.
The Operator will determine, in accordance with its own criteria, whether to approve the registration of the Paid Plan Applicant who has applied as set forth in the preceding paragraph (hereinafter “Paid Plan Registration Applicant”). If the Operator approves the registration, it will notify the Paid Plan Registration Applicant accordingly. The Paid Plan Registration Applicant whose registration has been approved (hereinafter “Paid Plan User”) shall complete the Paid Plan subscription registration, at which point the registration shall be deemed complete.
Upon completion of the registration in the preceding paragraph, the Paid Plan User shall be deemed to have agreed to the
Stripe's Terms of Use and
Stripe's Connect Account Agreement , and a service use agreement and the Privacy Policy shall be deemed to have been concluded between the Paid Plan User and the Operator. The Paid Plan User may use the Paid Plan in accordance with these Terms. The Privacy Policy is stated at the bottom of these Terms of Use.
The Operator may refuse registration or re-registration if a Paid Plan Registration Applicant falls under any of the following items, and the Operator shall have no obligation to disclose the reasons therefor:
(1) If any part of the Registration Information provided to the Operator is false, incorrect, or omitted;
(2) If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent, etc., of their legal representative, guardian, curator, or assistant;
(3) If the Operator determines that the applicant is an antisocial force (meaning an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a group engaging in criminal activities under the pretext of a social movement, a crime group with special intelligence, or any other similar group or person; the same shall apply hereinafter), or is involved in or associated with an antisocial force, such as by providing funds or other benefits to or otherwise cooperating in the operation or management of an antisocial force;
(4) If the Operator determines that the applicant has violated any agreement with the Operator in the past, or is related to such a person;
(5) If the applicant has previously been subject to the measures set forth in Article 10;
(6) If the Operator otherwise deems registration inappropriate.
By paying the subscription fee, a Paid Plan User will have an unlimited number of Participation Tickets and will be able to use the Language Partner service. Payments are processed in Japanese yen, and therefore prices may fluctuate due to exchange rates.
The subscription method and fees shall be as set forth in the App.
The subscription start date shall be the starting point of the billing cycle for the subscription and will be the monthly payment date. If there is no corresponding date in a given month, the billing date shall be the last day of that month that is closest to the starting date. If payment is not confirmed on the payment date, the Paid Plan cannot be used until such payment is confirmed. Even if the subscription is canceled, no refunds will be made; however, the Paid Plan may continue to be used for the period already paid for.
Unless the subscription is canceled, the Paid Plan subscription will automatically renew each month. When the Paid Plan is canceled, all functions of the Paid Plan will become unavailable. If the Plan is registered again, information related to the previous Paid Plan may not necessarily be carried over.
Paid Plan Users may configure their profile settings from the My Page section of the App.
If a Paid Plan User finds another Paid Plan User they wish to speak with on the Language Partner list page, they may send a First Contact Request to that person. There is no limit on the number of First Contact Requests that can be sent, but only one First Contact Request may be sent to the same person.
A Paid Plan User who receives a First Contact Request has the option to “Accept” or “Decline” the request. If the request is accepted, a First Contact with the relevant Paid Plan User will be established.
Paid Plan Users may configure their available time schedule from the My Page section of the App. The configured available time schedule is hereinafter referred to as the “Schedule Calendar,” and Paid Plan Users for whom a First Contact has been established are referred to as “First Contact Users.”
First Contact Users may mutually decide on the date and time of their First Contact by referencing each other’s Schedule Calendars and then conduct the First Contact. The method and rules for First Contact shall be as set forth in the App.
After completing a First Contact, a First Contact User shall submit an evaluation of their partner and decide whether to agree to a permanent Language Partner agreement. The evaluation submitted will not be disclosed to the partner and will only be visible to the Operator.
When both relevant First Contact Users agree to enter into a permanent Language Partner agreement, a Language Partner agreement will be established.
First Contact Users who have established a Language Partner agreement (hereinafter “Language Partner Users”) may, at any time and as many times as they wish, freely determine and conduct online meetings by selecting date and time from each other’s Schedule Calendars.
First Contact Users and Language Partner Users shall leave Gather Town immediately after the end of an online meeting and must not interfere with the conversations of other First Contact Users or Language Partner Users.
The use of coupons is at the discretion of the customer. If a coupon is used for a given purchase, the customer may not be able to receive benefits from another coupon.
Customers must understand and accept the risk that it may be more advantageous to use a future coupon rather than the current coupon, and shall use coupons with that understanding.
All coupons, whether within a validity period or permanent, will become invalid if the subscription is canceled or the subscription qualification is lost, and the same coupon benefits cannot be received again.
As a general rule, any act of analyzing communications and sending requests that imitate such communications to an API server or the like is strictly prohibited. If a person violates this prohibition and sends requests to an API server or the like, and such actions cause any loss or damage, all responsibility shall lie with the person who violated the prohibition. Furthermore, if the person who violated this prohibition suffers any loss or damage as a result of sending such requests to an API server or the like, we shall bear no responsibility whatsoever.
Article 7 (Method of Event Participation)
The Secretariat shall send a notification (hereinafter “Invitation Notice”) indicating that the web page for signing in to the Online System has been made available, to the email address entered by the Prospective Participant at the time of the App registration procedures stipulated in Article 4.
The Secretariat shall bear no responsibility whatsoever for non-delivery of the Invitation Notice due to reasons attributable to the User, such as incorrect email input, reception restrictions, spam filtering, or other User-related circumstances. Therefore, if a User has not received the Invitation Notice by the day before the Event, the User must contact the Secretariat no later than one hour before the Event start time.
In participating in the Event, Users shall comply with the following:
Connect to the Online System by the time designated by the Secretariat before the Event start time;
Only one User may participate per device;
The Event URL may be used only by the User, and must not be redistributed or shared with any third party (including family members).
Article 8 (Matters to be Observed by Users and Language Partner Users)
The recommended environment for participation in Events and online meetings is as follows:
Use a PC rather than a smartphone;
Use a browser recommended by Remo;
Use earphones or headphones.
Users cannot specify with which other Users they wish to converse. All pairings and groupings shall be determined by the Secretariat, and the Secretariat will not accept any complaints from Users in this regard.
Users and Language Partner Users shall, at their own cost and responsibility, prepare an internet connection environment that ensures a certain level of communication speed necessary to connect to the Online System.
The Secretariat shall bear no responsibility for any trouble or damage arising in connection with communication failures, system malfunctions, or other issues relating to the Online System. Furthermore, the Secretariat shall not provide individual support with respect to connection to or use of the Online System. If, during a one-on-one talk in the Event, staff determine that a participant is unable to speak due to mechanical trouble, such participant may be forcibly removed from the Event.
The Secretariat does not recommend the exchange of direct contact information among Users during Events. Users shall exchange such information solely at their own responsibility, and the Secretariat shall bear no responsibility whatsoever in this regard.
In Events and online meetings, the Secretariat only provides a place for conversation among Users. Therefore, even if a User or a Language Partner User suffers any disadvantage as a result of participating in an Event or online meeting, the Secretariat shall bear no responsibility whatsoever.
Any trouble, complaint, dispute, etc. arising between Users, or between a User and a third party, in connection with Events or online meetings shall be resolved at the responsibility and expense of the Users involved, and the Secretariat shall bear no responsibility whatsoever.
Article 9 (Change or Cancellation of Event Schedule)
The Secretariat may, at its discretion, change the date, time, etc. of an Event or cancel the Event. In such cases, the Secretariat shall notify the email address entered by the Prospective Participant at the time of the application procedures set forth in Article 4.
Article 10 (Prohibited Acts)
Users and Language Partner Users may freely converse at their own responsibility but must not engage in any of the following behaviors. Furthermore, if Users or Language Partner Users discover other Users or Language Partner Users engaging in any of the following behaviors, they shall report such behavior to the Secretariat:
Discriminatory behavior toward others based on race, creed, gender, social status, or family origin;
Discriminatory behavior toward others based on political, economic, or social relations;
Behavior that denies or criticizes the thoughts or beliefs of others;
Behavior that denies or criticizes the religion, culture, customs, or practices of others;
Behavior that imposes one’s own opinions without consideration for the circumstances or background of others;
Defamatory behavior toward others, the Secretariat, or third parties;
Behavior that constitutes or may constitute harassment or other forms of abusive conduct toward others, the Secretariat, or third parties;
Behavior that harms the rights or interests of others contrary to their reasonable will;
Behavior not based on fact but solely on prejudice or assumptions;
Behavior that deliberately distorts facts or grossly exaggerates them;
Behavior carried out in a state lacking composure that is driven by temporary emotion;
Behavior lacking a sense of responsibility that one would not engage in during face-to-face meetings;
Behavior that needlessly stirs up anxiety in others;
Behavior that includes personal information of a specific individual or information from which such personal information may be inferred;
Behavior that violates laws and regulations or is contrary to public order and morals;
Behavior that proposes personal commercial transactions or other for-profit dealings;
Behavior that solicits others to one’s own ideology, beliefs, religion, etc.;
Any other behavior that the Secretariat deems inappropriate.
Article 11 (Suspension of the Service, etc.)
The Secretariat may, without prior notice, suspend the provision of all or part of the Service if any of the following items apply:
When emergency inspection or maintenance of computer systems is conducted;
When power outages, server failures, or similar incidents occur;
When a malfunction occurs in computers, communication lines, etc.;
When force majeure such as earthquakes, lightning, fires, or other disasters occurs;
When the Secretariat otherwise deems it necessary.
If the Secretariat determines that a User has violated any provision of these Terms or is likely to do so, the Secretariat may, without prior notice, suspend the provision of the Service to such User and terminate the User’s qualification to use the Service.
The Secretariat shall bear no responsibility whatsoever for any damages incurred by Users as a result of the preceding two paragraphs. The Secretariat may, however, claim compensation from Users or former Users for any damages suffered by the Secretariat as a result of the preceding Article.
The Secretariat shall not be liable, regardless of the cause of action (including but not limited to breach of contract, tort, strict liability, failure to act in good faith or with reasonable care, liability for non-conforming services, or breach of warranty), for any damages incurred by Users or third parties arising from or in connection with the provision, non-provision, delay, suspension, or change of the Service, except where willful misconduct or gross negligence is attributable to the Secretariat.
Notwithstanding the preceding paragraph, the Secretariat shall not be liable, under any circumstances, for special, incidental, indirect, consequential, or derivative damages, loss of profits, or any other consequential damages.
Even if the Secretariat is held legally liable, the maximum extent of the Secretariat’s liability shall be limited to the total amount of Service usage fees actually paid by the User to the Secretariat for the month in which the cause of the liability occurred. Fees for software or other services not included in the Service shall not be included in such maximum amount.
Article 12 (Exceptions to Disclaimers, etc.)
All provisions in these Terms that exempt the Secretariat from liability shall not apply in cases where willful misconduct or gross negligence is attributable to the Secretariat. Even if any part of any provision of these Terms is rendered invalid, revoked, or enjoined under the Civil Code, the Consumer Contract Act, or any other laws or regulations, the remaining provisions shall continue in full force and effect.
Article 13 (Ownership of Rights)
All copyrights, trademark rights, design rights, portrait rights, and any other rights relating to the Service shall belong to the Secretariat or the right-holders who have granted rights to the Secretariat, except for rights that belonged to Users or third parties before being used in the Service.
Users shall not, without the prior consent of the Secretariat, use, appropriate, reproduce, or otherwise exploit any information in the Service, including rights belonging to the Secretariat under the preceding paragraph.
Users grant the Secretariat a free license to use all copyrights (including the rights set forth in Articles 27 and 28 of the Copyright Act of Japan) in any information provided by Users to the Secretariat, and Users shall not exercise their moral rights of authorship against the Secretariat.
Article 14 (Exclusion of Antisocial Forces)
Users represent and warrant that they are not, and will not in the future be, antisocial forces (as defined under the language and definitions of the country or countries in which they reside, including organized crime groups, members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers, groups engaging in criminal activities under the pretext of a social movement, crime groups with special intelligence, or any similar entities; collectively “Antisocial Forces”), and that none of the following items applies or will apply to them in the future:
Having a relationship in which Antisocial Forces are deemed to control management;
Having a relationship in which Antisocial Forces are deemed to be substantially involved in management;
Having a relationship in which Antisocial Forces are used for the purpose of pursuing illicit gains for oneself, one’s company, or a third party, or for the purpose of causing damage to a third party;
Having a relationship in which funds or other benefits are provided to Antisocial Forces, or in which other involvement with Antisocial Forces is recognized;
Having officers or persons substantially involved in management who maintain a socially condemnable relationship with Antisocial Forces.
Users and Language Partner Users covenant that they will not, themselves or through any third party, engage in any of the following acts:
Violent demands;
Unjust demands that exceed legal responsibility;
Use of threatening language or violence in relation to transactions;
Acts of spreading rumors, using fraudulent means, or exerting force to damage the credibility of the other party or obstruct its business.
Article 15 (Handling of Personal Information)
The Secretariat shall handle the personal information of Users and Language Partner Users in accordance with the Privacy Policy.
With respect to the conversations conducted between Users and between Language Partner Users via the Online System during Events and online meetings, the Secretariat does not independently collect, use, or provide personal information.
Article 16 (Governing Law and Jurisdiction)
These Terms shall be formally prepared in Japanese. In the event that versions translated into foreign languages exist, such translations shall be for reference only, and the Japanese version shall always be the official version. These Terms shall be interpreted in accordance with the laws of Japan.
If litigation becomes necessary in relation to these Terms, the district court or summary court having jurisdiction over the location of the Secretariat’s address shall be the exclusive court of first instance, depending on the amount in dispute.
End.