Terms of Use

MORE UP BOOST Co., Ltd. (hereinafter referred to as “the Company”) sets forth the following terms of use (hereinafter referred to as “these Terms”) regarding the use of the online Vietnamese conversation service (hereinafter referred to as “the Service”) provided on “Loan’s Vietnamese Lesson” operated by the Company, by those who wish to apply for and use the Service (hereinafter referred to as “the User”).

The User must carefully read these Terms and the privacy policy (hereinafter referred to as “the Privacy Policy”) separately established by the Company, as well as the handling of personal information. Moreover, the User shall agree to all the terms of these Terms and apply for registration to the Service.

Scope of These Terms

Article 1

1. The scope of application of these Terms includes not only the Company’s web page (hereinafter referred to as “the Website”) but also information sent from the Company to the User via applications provided by the Company and electronic mails, etc.
2. If there are separate provisions (hereinafter referred to as “Individual Contracts”) between the Company and the User apart from these Terms, the provisions of the Individual Contract shall prevail. However, this does not apply to the Privacy Policy.

Prohibited Acts

Article 2

1. 1. The User shall not commit the following acts when using the Service.
    1. Transfer, use, buy or sell, change the name, establish a lien, or use the right to use the Service as collateral.
    2. Infringe on the Company’s honor, credit, copyright, patent right, utility model right, design right, trademark right, portrait right, and privacy.
    3. Illegal acts, acts against public order and morals.
    4. Acts that hinder the operation of the Service.
    5. Use of the Service for business activities, for profit, and for preparation thereof.
    6. Acts to encourage or promote illegal activities to other users and lecturers of the Service.
    7. Acts that cause economic and mental damage and disadvantage to other users and lecturers of the Service.
    8. Criminal acts and acts leading to criminal activities.
    9. Harassment such as harassing lecturers and improper acts that hinder the progress of lessons and chats.
    10. Acts to solicit lecturers for religion, political organizations, multi-level marketing, etc.
    11. Attempt to contact lecturers personally or through their agents, including sending and receiving emails, online and offline.
    12. Acts to encourage lecturers to work for services and companies that could compete with the Company.
    13. Abusive and threatening behavior towards lecturers, and acts that hinder the progress of business.
    14. Any other acts that the Company deems inappropriate.
  2. If the User causes damage to the Company or a third party due to a violation of the previous paragraph, the User shall bear all legal responsibilities and indemnify the Company in any case. However, this does not apply if it is due to the Company’s responsibility.

Penalty Provisions

Article 3

1. If the User falls under any of the following, the Company may take disciplinary action such as suspension or expulsion against the User.
  1. If the User commits the prohibited acts specified in Article 2.
  2. If the User violates any provision of these Terms.
  3. If the Company deems it inappropriate for the User to use the Service for any other reason.
  4. If the User is late or negligent in paying the usage fee.
  5. If the User fails to follow significant instructions from the Company when using the Service.
  6. If the Company deems it inappropriate for the User to use the Service for any other reason.
2. If the User causes damage to the Company or a third party due to a violation of the previous paragraph, the User shall indemnify the Company in any case. However, this does not apply if it is due to the Company’s responsibility.

Notification by Electronic Mail

Article 4

If the Company sends important information related to the Service, even if the User has set to reject all notifications via electronic mail from the Company, the User is deemed to have received the electronic mail from the Company.
Notifications made by electronic mail are considered to be completed when sent to the email address registered in the User’s registration information (hereinafter referred to as “Designated Email Address”).
The User must change various settings related to the Designated Email Address and allow the receipt of electronic mail from the email address previously notified by the Company.
If the electronic mail from the Company does not reach the User due to incorrect or missing information in the Designated Email Address or the User’s failure to change the reception settings, the Company is not responsible for the non-receipt. Furthermore, the User shall indemnify all damages, etc. caused by the non-receipt, and indemnify the Company in any case.

Use of the Service

Article 5

The User shall use the Service in the recommended environment separately established by the Company.
Notwithstanding the preceding paragraph, if Zoom cannot be used due to a malfunction, etc., the Company may provide lessons through Skype or other WEB conferencing tools with the User’s consent.
If the User agrees to provide lessons through Skype or other WEB conferencing tools, the User must register the corresponding ID.
If there is a problem in the lesson room and the lesson is conducted using Skype or other WEB conferencing tools, the Company will not compensate for the time required to transition from the lesson room to Skype or other WEB conferencing tools.

Limited-time Plan

Article 6

Party B may take lessons at a limited price from the day of completion of registration for the service during the limited period set by Party A.
Party B has an obligation to comply with these Terms of Use even when participating in the limited-time plan.

Fee Plan

Article 7

The Fee Plan refers to the “Plan” separately determined by Party A (as defined in the second paragraph of this Article). Party B can only select the ones that Party A defines separately on the fee plan page.
The “Plan” refers to a plan where Party B can take lessons a certain number of times per month, the number of which is separately determined by Party A. (Hereinafter referred to as the “Number-of-Times Plan”)
The Number-of-Times Plan mentioned in the preceding paragraph requires that the selected number of lessons be taken within one month in principle.

Lesson

Article 8

The lesson duration is basically 60 minutes. Unless otherwise specified, the lesson time will not be interrupted under any circumstances.
If Party B has not entered the lesson room at the lesson start time, Party A may treat it as if Party B was absent from the lesson and can end the lesson.
If Party B cancels a reserved lesson, it must carry out the cancellation procedure on the web by the day before the lesson start time. The cancellation procedure is carried out by means specified by Party A.
Party A can issue warnings, improvement instructions, etc. to Party B if Party B repeatedly misses lessons without notice. If the instructions are not followed, Party A may impose the sanctions mentioned in Article 3 on Party B.
If it is found during the lesson that Party B has engaged in the prohibited acts specified in Article 2, Party A can immediately suspend the lesson.

Lesson Reservation

Article 9

Party B shall take the lesson on the schedule determined at the time of application in principle.
Party B can change the schedule of the previous paragraph until the day before. However, the upper limit of the number of lessons that can be reserved varies depending on the contract number based on the selected fee plan.
The schedule change in the preceding paragraph is completed as soon as an email about the schedule change arrives from the operation following the procedure set by Party A.
If the lesson cannot be conducted by the responsible instructor due to unavoidable reasons, Party A may cancel the lesson or conduct it by another instructor (hereinafter referred to as “substitute lesson”).
Party B should make changes or cancellations of the lesson schedule by the day before.
If Party B applies for changes or cancellations within 1 hour before the start of the lesson, Party A may regard the lesson as having been conducted once.

Usage Fee and Payment Method

Article 10

Party B must pay the service usage fee to Party A by credit card or bank transfer.
Unless a suspension procedure is performed, the payment by credit card will be automatically renewed at the same usage fee every month, and the usage fee from the second time onwards will be automatically settled on the first day of the usage month.
Unless a suspension procedure is performed, the payment by bank transfer will receive an invoice by email at the same usage fee every usage month.
If Party B carries out the suspension procedure within 30 days from the usage start date in a method set by Party A and expresses a refund request to Party A, Party A will deduct a refund fee of 3,000 yen from the first monthly fee paid by Party B and refund the remaining amount. However, this paragraph does not apply to the Number-of-Times Plan.
If there is a difference in the fee plan due to changes made by Party B, it will be adjusted by requesting the difference, refunding the difference, or providing additional lessons in a manner separately determined by Party A.

Effective Period of the Service

Article 11

The usable period of this service is based on the date of the start date of use (for example, if the start date of use is January 15, every 15th of the month) as the start date, and is a unit of one month (hereinafter referred to as “usage month”), and is the number of months applied for the contract. However, Party C shall comply with the provisions of the corporate contract.
The usable period is not interrupted regardless of the reason. However, this is not the case during the suspension period.
The usable period can be renewed by paying the usage fee. The payment method is performed by the means defined in Article 10.

Temporary Suspension

Article 12

“Temporary suspension” refers to a temporary inability to reserve and attend lessons due to the cessation of payments, effective on the last day of the usage month. It should be noted that the cessation of payments includes both voluntary and involuntary cessation, such as the failure of credit card payments.
The User shall apply for temporary suspension via the method specified by the Provider. Once the Provider confirms the User’s application for temporary suspension and completes the suspension procedure, it will be deemed complete upon sending the confirmation by email or other means, regardless of whether the User has received the email or other correspondence.
An application for temporary suspension must be made at least 14 days before the start of the next usage month. If no application is made within this period, the suspension will take effect from the month after next.
If the User wishes to resume the service after a temporary suspension, the User shall carry out the procedure for resuming use via the method specified by the Provider. It should be noted that upon resumption, the User may not be able to select the plan and course that were in use before the suspension.
If the User suspends the course, the number of times the User can attend the course will expire on the last day of the month following the suspension, and even if the User resumes the service in the month after next, the expired lessons will not be carried over.

Handling of Registered Information

Article 13

The Provider shall use the information registered by the User solely for the purpose of providing the Service.
The Provider shall not disclose information registered by the User to third parties without the User’s prior consent. However, this does not apply in the following cases: (1) When disclosure is required by laws and regulations. (2) When disclosure is requested by public authorities. (3) When part of the Service is outsourced (including subcontracting) to third parties for the purpose of providing the Service.
The User shall handle information that qualifies as the Provider’s “Personal Information” in accordance with the Privacy Policy.

Changes, Interruption, and Termination of the Service

Article 14

The Provider may change, interrupt, or terminate the Service by providing notice in advance by posting on the Website or by sending an email to the User. In the event that the provision of the Service becomes difficult due to application malfunctions, domestic or international political situations, natural disasters, server failures, or other unavoidable circumstances, the Provider may interrupt the Service without prior notice.
The Provider shall interrupt the Service or reduce the number of lessons provided due to Vietnamese holidays (like Lunar New Year) by notifying the User in advance on the Website or by email. The User agrees in advance that the Service may not be available on Vietnamese holidays, or that the number of available lessons may be significantly reduced.

Liability for Damages

Article 15

If the User violates these Terms of Use, the Provider may claim compensation for any direct or indirect damage or loss caused by such violation against the User.
The limit of the amount of compensation for damages to the Provider based on the Service’s deficiencies or defects by the User shall be the amount of usage fee paid by the User to the Provider in the month when the damage occurred, in any case. However, this does not apply when the deficiencies or defects of the Service are due to the Provider’s intent or gross negligence.

Copyright and Ownership

Article 16

All copyrights and ownership rights regarding trademarks, logos, descriptions, content, etc. related to the Service belong to the Provider. The User shall not exceed the purpose of using the Service and perform actions such as using the trademarks, etc., without the Provider’s prior explicit consent, reprinting on magazines, other sites, modifying, duplicating, etc.
If the User violates the previous paragraph, the Provider may take various actions against the User based on copyright law, trademark law, etc. (warnings, complaints, claims for damages, injunctions, claims for measures to restore reputation, etc.). In this case, the provisions of Article 15, paragraph 2, do not apply.

Disclaimer

Article 17

The User agrees in advance that the Company shall not bear any compensation responsibility for any damages arising from or related to the matters stipulated in each of the following items:

the case where satisfactory use could not be made in using the Services due to reasons such as the following (including but not limited to the following situations)
(1) If it is due to the lack of the number of lessons provided due to a sudden increase in the number of users, or due to the reasons stipulated in Article 14, Paragraph 2.
(2) If the User could not reserve a specific instructor that the User wanted.
(3) If the User could not reserve or use the Services during a specific time period that the User wanted.
(4) If the Company had to cancel the lesson due to the reasons stipulated in Article 14.
(5) If the lesson had to be canceled due to force majeure such as power outage on the instructor side.
(6) If it is due to unauthorized access to or unauthorized modification of the User’s messages or data, or other acts by third parties.
The learning effect, effectiveness, accuracy, truthfulness, etc. of the Services.
The effectiveness, safety, accuracy, etc. of services and teaching materials, etc. recommended or introduced by the Company in relation to the Services.
In the case where the Services could not be used due to malfunctions, troubles, etc. of the services provided by the Company’s affiliated companies.
If damage such as virus infection occurs due to files, etc., received or opened by the User through lessons or counseling at the User’s own risk.
If the User could not use the Services due to loss or unavailability of passwords, etc., due to the User’s negligence.
The completeness, accuracy, timeliness, safety, etc., of all information, links, etc., provided on the Website.
The content and use of websites operated by third parties other than the Company, which are linked to or from the Website.
If a campaign posted on the Website is interrupted or terminated without notice.

Date and Time Display of the Services

Article 18

In the Services, the start date of use, the start date of the month of use, the due date for various fees payment, the deadline for various applications, etc. shall all be based on Japan Time (GMT+9:00).

Changes to the Terms of Use

Article 19

The Company may change the Terms of Use at the Company’s discretion in the following cases: (1) When the change of the Terms of Use conforms to the general interests of the Users. (2) When the change of the Terms of Use does not contradict the purpose of the contract, and when it is reasonable considering the necessity of the change, the appropriateness of the contents after the change, the contents of the change, and other circumstances related to the change.
When the Company changes the Terms of Use according to the preceding paragraph, the Company shall post on the Company’s website or notify the Users by email, etc., the fact of changing the Terms of Use, the contents of the Terms of Use after the change, and the effective date of the Terms of Use after the change, by one month before the effective date of the Terms of Use after the change.
If a User uses the Services after the effective date of the Terms of Use after the change, the User shall be deemed to have agreed to the change of the Terms of Use.

Governing Law and Exclusive Jurisdiction Court of Agreement

Article 20

The Terms of Use shall be interpreted in accordance with the laws of Japan. The Company and the User also agree in advance that the Fukuoka District Court shall be the court of exclusive jurisdiction in the first instance for the resolution of disputes arising from or related to the Services or the Terms of Use between the Company and the User.

Supplementary Provisions: These Terms of Use shall be implemented from December 1, 2021.