ENGOO Terms and Conditions
Article 1 (General Rules)
- This ENGOO Terms and Conditions (the "Terms and Conditions") sets the terms and conditions for using the ENGOO service (the "Service") provided by DMM.com LLC. (the " Company"). Users of the Service (the “User”) are required to accept the Terms and Conditions and the ENGOO membership agreement that is separately set forth by the Company with respect to the use of the Service.
- The User acknowledges and agrees that help pages, guide pages and any other pages designated by the Company are an integral part of the Terms and Conditions.
- The Company may at its sole discretion make amendments to the Terms and Conditions without giving notification to the User. Any amendments made to the Terms and Conditions are considered to be made effective when such amendments are published on the Service. It is deemed that the User have agreed to the amended Terms and Conditions when the User uses the Service after such amendments.
- The Company is entitled to record and save inquiries and any other information posted by the User and if deemed necessary, the Company will collect and store images and videos, including without limitation class scenes (collectively “Information”), taken in the course of the Service. The Company only uses Information for the purpose of operating and managing the Service properly. By agreeing to the Terms and Conditions, the User agrees that the Company may store and use the Information.
Article 2 (Applicability of these Terms and Conditions)
- The Terms and Conditions is applied to any information that is notified by the Company by methods including but not limited to the Service'sapplication software or email.
- The User may enter into separate agreements with the Company (the “Separate Agreements”). In such cases, the Separate Agreements shall supersede.
Article 3 (Application to Register with the Service)
- In starting the Service, the User is required to register with the Service in a method designated by the Company. When applying for the registration, the User is required to agree and comply with the following items.
- The Users shall install the version of software recommended by the Company.
- The User shall verify that her/his communications environment do not hinder the use of the Service.
- Users who are under-age in an applicable law shall obtain consent from legal representative, such as a parent or guardian.
- The User shall use the payment methods designated in Article 7 (Usage Fees and Payment Methods) of these Terms and Conditions to pay for the fees for the Service.
- Lessons of the Service is provided by subcontractors of the Company (the "Tutor").
- The Company may use emails to send User notifications, questionnaires, and any other information in relation to the Service.
- The User registration for the Service will be deemed completed and approved when the User receives the email confirming the completion of registration by the Company.
- The Company may refuse the use of the Service, cancel the User’s registration or delete the User’s registered account if any of the following has occurred or is found.
- The registered User does not exist.
- The User violated the terms and conditions, or the applicant was rejected at the time of application or terminated in the past.
- If the User's registration information for is deemed false, incorrect or incomplete.
- If the payment services company designated by the Company refused to accept settlement by the User.
- If the User has created multiple accounts.
- Any other behavior that is deemed inappropriate by the Company.
Once registration is complete, the User is permitted to start using the Service on the day the first payment for usage fees (the "Starting Date") has been confirmed by the Company in accordance with Article 7 (Usage Fees and Payment Methods). However, this is not applied to the free trial lesson as specified in Article 8 (Lesson Ticket).
Article 4 (Handling of Registered Information)
- The User agrees that the Company will collect the Data only for the purposes as listed in the following sub-articles.
- Operational management and offer of the Service
- Responding of queries as to products (services) and its function
- Processing order from the User
- Answering to queries of the User
- Communication with the User
- Notification of necessary update or any other information related to the Service
- The User’s account management
- Facilitation of technical assistance (including but not limited to trouble-shooting, security and prevention of fraud or deception) within the Service
- Surveying and marketing for promotion of the Service
- Analysis of the use of the Service
- Improvement and development of the Service
- Compliance with regulations or orders from public bodies
- Ensuring the safety or integrity of the User, employees, third parties including outsourcing contractors, the public and the Company’s service.
- The User agrees that the Company may outsource a part or whole of the operation of the Services to third parties (including but not limited to business partners or service providers)
- Except as described in the preceding Article 4.3 above, the Company will not disclose to third parties any Registered Information without the User’s prior consent; provided, however that the Company may disclose Registered Information without the User’s prior consent in the cases described in the following sub-articles.
- If ordered to disclose by law.
- If refusing to disclose information will cause harm to the public interest, or it is difficult to obtain prior consent from the customer.
- If required to cooperate with national organizations or local public bodies (including their subcontractors) in order to comply with the law, and if contacting the customer to obtain consent may hinder the compliance with said law.
- If necessary for the Company to exercise its justifiable rights.
Article 5 (Changes to Registered Information)
The User acknowledges that Registered Information needs to be maintained accurate and updated as appropriate, and if any changes will be made to the Registered Information, those changes are immediately made by the User through methods designated by the Company. The User agrees that the Company will not be liable for any damages, losses or inconvenience attributable to the User’s act or omission.
Article 6 (Service Usage Period)
- The period during which The User is permitted to use the Service (the "Usage Period") is calculated per 30 days (the “Subscription”), 6 months or 12 months (collectively referred to as “Long Term Packages”) starting from the Starting Date.
- For the Subscription, the Usage Period will be renewed and extended automatically for another 30 days as defined in Article 7 (Usage Fees and Payment Methods).
Article 7 (Usage Fees and Payment Methods)
- The User is required to pay the Service Fees and any relevant taxes (including consumption tax or VAT, and collectively referred to as “Service Fees”) for using the Service.
- The User is required to pay the Service Fees through designated payment methods on the ENGOO website.
- For the Subscription plans, the User acknowledges that the Usage Period is set to be automatically renewed and extended for another 30 days at the end of the Usage Period. Thus, the User agrees that, if she/he is unwilling to extend the Service, the User is required to terminate the Service in the method as designated by the Company by the end of the Usage Period.
- For the Subscription plans, no refunds will be made after payment of the Service Fees unless the Service is unable to be provided to the User for reasons due to grounds attributable to the Company.
- For the Long Term Packages, the Service Fees must be fully paid upfront at the beginning of the Usage Period. For refunds of the Long Term Package, all promotional discounts and benefits shall be cancelled and deducted from the refund amount.
- Any coupons, discounts and marketing campaigns (the "Promotions") that are given for the Service is at the discretion of the Company. The Company shall not be obligated to give advance notice of the Promotions to the Users. Furthermore, the consumption of the Promotions in a timely matter is the responsibility of the User. If for any reason payments are interrupted, the Company is not responsible to reinstate or extend the promotions.
Article 8 (Lesson Ticket)
- In addition to the subscription plans or long term packages, which have a maximum booking limit, Users can use lesson tickets. Each lesson ticket will be used for booking and taking a single lesson. There are two types of lesson tickets; Purchase Tickets as defined in Article 8-2 and TransferTicket as defined in Article 8-4.
- Except for tickets purchased on a monthly basis as defined in Article 7 (Usage Fees and Payment Methods), the User may purchase a ticket (“Purchased Ticket”) in a method separately designated by the Company. Purchased Tickets are defined as following sub-articles:
- Purchased extra lesson tickets
- Purchased extra native tickets
- The User is required to pay fees through the designated payment method in the ENGOO website. Purchased tickets continue to be valid for 30 days from the date purchased (the “Effective Period”) and the Effective Period of either tickets described in Article 8-1 and Article 8-2 above will not be extended. Refund of paid Service Fees will be made only if the lesson is not offered due to reasons attributable to the Company.
- The Company compensates the lesson tickets (the “Transfer Ticket”) if a lesson is or is expected to be delayed for more than 5 (five) minutes due to reasons attributable to the Tutor in charge. One Transfer Ticket will be provided for one lesson and the Company will reasonably determine whether the Tutor will be responsible for the delay of lesson. Article 8-3 will also be applied to the Transfer Ticket.
- Transfer Ticket will be issued in accordance with the type of the lesson concerned. For example, if a lesson of Premium Plan is delayed for more than 5 minutes and the Tutor is responsible for the delay, Transfer Ticket will be issued for the User to use a lesson of Premium Plan.
- If Lesson ticket will not be used within the Effective Period, the ticket will be invalid at midnight after the Effective Date.
Article 9 (Free Trial Lessons)
- When the User completes registration of the Service, the User may receive free trial lesson tickets (the “Free Ticket”), the number of which will be designated by the Company after the registration is completed.
- If the Company reasonably believes that multiple accounts have been registered to take advantage of the free lessons or for any other inappropriate purpose, the Company may not provide the Free Tickets to the relevant account(s).
Article 10 (Lessons)
- Lessons will run for 25 minutes each and may not be extended or interrupted, unless specified otherwise. If the User will be late for participating in the lesson, the User agrees that the length of the relevant lesson will be shortened accordingly.
- Whether or not the User is responsive to the Company or the Tutor assigned to the Lesson (the “Assigned Tutor”), if the lesson does not start within 15 minutes from the designated starting time, the Company may conclude that the User is not ready for or will not attend the lesson; therefore the Company is entitled to terminate the lesson as an abandoned one.
- If the User repeatedly fails to attend lessons without any prior notice or conducts any inappropriate behaviors during lessons, the Company may send warnings to the User, to request improvement, or other similar notifications.
- The Company will not compensate for any damages, losses or inconvenience due to missed lessons, unbooked or unattended lessons.
- If a lesson is shortened more than 5 minutes due to reasons attributable to the Assigned Tutor, the Company is required to compensate for the lesson with aTransfer Ticket as defined in Article 8-4. Whether the Assigned Tutor is responsible for the delay or not is reasonably judged by the Company and the Company is not obligated to explain the reason for the judgement.
Article 11 (Lesson Bookings)
- The User is entitled to book lessons 15 minutes before the designated starting time of the lesson subject to the availability of lessons.
- The User is entitled to cancel the booked lesson 30 minutes before the designated starting time on the Service’s web page (the “Website”) in a method separately designated by the Company.
- User may book a lesson up to 7 days in advance. However, the maximum number of lessons to be booked will vary depending on the service the User has purchased.
- The booking of the lesson will be completed when the status of the User’s booking is appropriately reflected on the Website.
- The Company may cancel a user’s booked lesson if the Assigned Tutor is unable to have the lesson due to unavoidable reasons. In this case, the Company will compensate the User with a relevant Transfer Ticket as described in Article 8-4.
- The User agrees that if the cancellation in Article 11-5 is considered to be caused by grounds not attributable to the Company, the Company is entitled to cancel the lesson at its own discretion and the Company is not obligated to explain the reasons or the details of the cancellation.
Article 12 (Feedback of Lesson)
- The User is entitled to give feedback (including evaluation and comment of the lesson or the Tutor, collectively “Feedback”) to the relevant lesson within 48 hours after the lesson ends.
- The User is not able to revise, update or delete content once Feedback has been posted.
- The Company may conduct a review of Feedback and display Feedback after the Feedback is considered appropriate. The Company is not obliged to explain the reason if Feedback is not displayed on the Website.
- The Company is entitled to remove or delete Feedback displayed on the Website without any prior notice if content of Feedback is deemed inappropriate. In such cases, the User agrees that the Company is not obligated to explain the reason.
- The User agrees that the Company may use, without limitation, any comment that the User posts as Feedback on the Website or the Service’s social media for the purpose of promotion or publication of the Service.
Article 13 (Prohibited Behavior)
- The User is prohibited to conduct any of the behaviors listed in the following sub-articles when taking lessons or any other use with regard to the Service.
- To transfer, make other people use, sell, change the ownership of, pledge or mortgage the User’s right of use of the Service.
- To transfer, loan or make third parties use passwords and or any other information related to the User's account.
- To infringe or violate the Company’s, tutor’s or any other third parties’ rights of or in connection with honor, credibility, copyright, patent rights, utility model rights, design rights, trademarks, publicity, or privacy.
- To conduct Illegal behavior or any other behavior that is against the public order, policy, and morals.
- To hinder the operation of the Service.
- To use or take advantage of the Service for the purpose of the User’s own business or commercial activity (including its preparation).
- To encourage, cause or promote illegal behavior among other Users or Tutors.
- To cause other Users or Tutors to suffer financial, economic or emotional damage, or any other inconvenience or disadvantage.
- To commit a crime, or conduct inappropriate behavior in taking lessons.
- To hinder operation of lessons or conduct inappropriate behavior in taking lessons.
- To consume alcohol or smoke during lessons or to participate in lessons while drunk.
- To be in underwear, to be insufficiently dressed or wearing immodest clothes causing the Tutor to feel uncomfortable or embarrassed while conducting the lesson.
- To disclose or to try to disclose lesson content, images, videos, recordings, content of inquiries to the Company and its answers without prior permission from the Company.
- To disclose or leak any confidential information that the Company does not disclose as a general rule, such as the employment terms of Tutors, the location of the call center, information about the Internet communication system.
- To solicit, recruit or persuade Tutors to be a member of a religious or political organization, multi level marketing systems or any other group.
- To make personal contact with Tutors, either directly or indirectly through agents, online or offline through email or any other social communication tools such as social media.
- To recruit or encourage the Tutor to be contracted with other companies or any other legal person which offers competitive or similar services.
- To use abusive language or to take aggressive behavior towards the Company or the Tutors, or to hinder the operation of the business.
- To allow people other than the registered user to have access to or use the registered account.
- To register multiple accounts.
- To allow people other than the registered person, to participate in lessons without permission from the Company.
- To ask for Transfer Tickets with reasons other than those demonstrated in Article 8.
- To repeat cancellations or absences of the booked lessons.
- To try to obtain the schedules of Tutors or to make arrangements with Tutors through methods unrelated to the Service.
- To post a comment that is not related to the Service or those prohibited in Article 13-1 sub-articles, or intentionally review lessons in a manner not reflecting the facts.
- To repeat posting bad ratings on lessons.
- To excessively repeat inquiries to the Company or to make excessive demands to the Company.
- Any other behavior or action that is not listed above and the Company considers to be inappropriate.
- The Company is entitled to make a judgement as to whether a User’s behavior will be applied to the prohibited action as defined in Article 13-1 at its sole discretion and is not obliged to explain the reason.
- The Company will not be liable for any damage or inconvenience which is caused by the Company’s judgement and is suffered by the User, unless it is proved to be made by gross negligence.
- Regardless of whether the User has cancelled the membership of the Service, the User will bear responsibility for any damages, losses or inconvenience to the Company or any third party (the “Damages”) if the Damages are attributable to the User’s breach of either of the sub-articles in Article 13-1.
Article 14 (Suspension, Interruption, and Cancellation of the Service)
- The Company may suspend, interrupt, discontinue or cancel the membership of the User (the “Suspension”) without any notice, if the Company finds that any of the sub-articles below are applicable to the User.
- No improvement can be expected from the User after a warning or any other similar communication notice as described in Article 9-3 is given.
- If the User engages in any of the prohibited behaviors provided under Article 11-1.
- If the User violates any of the rules defined in the Terms and Conditions.
- The User has not followed instructions by the Company or the Assigned Tutor.
- When there are reports of the User’s inappropriate behavior from the Assigned Tutor.
- For any reasons other than those listed above that the Company considers to be inappropriate for the User to use the Service.
- No refund will be made by the Company if the Suspension is applied due to any of the reasons specified in Article 14-1.
- The Company will not be liable for any damages, losses or inconvenience suffered by the User as a result of the Suspension specified in Article 14-1.
Article 15 (Cancellation of Membership)
- For cancellation of membership (the “Cancellation”), the User is required to request it in a process separately specified by the Company. The User will lose the membership status of the Service at the end of the Usage Period if the Cancellation is processed accordingly. The Cancellation process is completed after the Company confirms the request and sends a confirmation email to the User.
- Cancellation is required to be completed by the first day of the next Usage Period. If the cancellation is not completed within the Usage said period, the cancellation will be completed from the Usage Period after the following end of the Usage Period.
- After the cancellation is completed, the User will completely lose all relevant rights with regard to the Service, and be unable to make any claims whatsoever against the Company.
- If the Company or a third party suffers damages or losses caused by the User's behavior in relation to the Service, the User will be legally liable for those damages or losses even after the Cancellation has been completed.
Article 16 (Notifications from Company)
- The Company may send notifications of the Service to the email address which is registered by the User (the "Designated Email Address") on ENGOO Account Information Page (Collectively, the “Pages”). The notifications are considered to be received by the User at the time the email was sent to the Designated Email Address.
- The User is required to register the same Designated Email Address on the Pages specified in Article 16-1, and maintain an environment to receive notifications from the Company.
- In case the User changes email addresses, he/she is required to update the Designated Email Address on the Pages specified above. The Company will not bear any responsibility for the Damages suffered by the User due to the failure to maintain an updated email address as required above.
Article 17 (Service Interruption/Termination)
- The Company may decide, at its own discretion, to change the content of the Service, or to suspend or terminate a part or whole of the Service (Collectively, the “Change and Termination”). A notification will be given to the User through the Website or to the Designated Email Address. However, the User acknowledges that the Service may be interrupted or discontinued without any notice due to any reasons beyond the Company’s control.
- The Company will make a reasonable effort to notify the User beforehand of cancellation of lesson(s) due to regular service maintenance or any unavoidable reasons (the “Cancelled Lesson”) through information on the Website or email. The User agrees that neither refund nor Transfer Ticket will be provided due to the Cancelled Lesson.
- The Company will not bear any responsibility for any damage or inconvenience (including the Cancelled Lesson) suffered by the User or any third parties due to the Change and Termination.
Article 18 (Use of Engoo Live)
- The Service is provided on Engoo Live software (the “Software”). The User agrees to the sub-articles below in relation to the use of the Software.
- To comply with all relevant Terms and Conditions and guidelines that are separately designated by the Company.
- To prepare the environment recommended by the Software or the Company.
- To take responsibility for using or installing the Software(s), having access to links or URLs, downloading files, images or movies, each of which can be sent from the Tutor through the chat functionality in the Software.
- To acknowledge that the Company will not provide the Service through any communication tools other than the Software (the “Third Party’s Software”) even if the User requests the Company or the Tutor to use a Third Party’s Software; provided, however, that in case the Software is not available for any reason to provide the Service, the Company may use Skype as an alternative tool and each of the preceding sub-article (1), (2) and (3) of Article 18-1 will be applied if Skype is used.
- The Company may, at its sole discretion, use the Third Party’s Software for providing the Service if necessary; provided, however, that the Company is not obligated to explain the reason for the judgement of using the Third Party’s Software.
Article 19 (The User's Responsibility)
- The User will bear all responsibility for any behaviors whatsoever with regard to the use of the Service and for any results or consequences thereof.
- The User will be liable for any damages or losses to be suffered by the Company, the Company's staff (including its officers, representatives, employees) the Tutors (including the Assigned Tutor), other Users, or any other third parties with regard to the use of the Service (including the User’s non-compliance with the Terms and Conditions).
Article 20 (Copyright and Ownership)
- The copyright and ownership of the video recordings, pictures, voice recordings, trademarks, logo marks, text, and other materials (the “Intellectual Property Rights”) that are used related to the Service belong to the Company or any other party granting the license to the Company. The User is prohibited without approval from the Company to use, copy or upload on magazines or websites, distribute Intellectual Property Rights to third parties.
- If the User violates Article 20-1, the Company may take legal procedures (including but limited to sending a warning or complaint, claiming compensation for damages or losses, requesting an injunction) against the User in applicable laws.
Article 21 (Disclaimer)
The User agrees that the Company will not be liable for any damages, losses or inconvenience caused by, or caused in relation to, the situations listed below.
- Even If the User is not satisfied with the Service due to the following reasons:
- ( i ) The User is unable to book a lesson at the desired date or time.
- ( ii ) The User is unable to book a lesson with the desired Tutor.
- ( iii ) The User is unable to take the booked lessons.
- ( iv ) The lesson is interrupted, suspended or discontinued due to power outages, network disturbance, communication system failure or any other issues which occured near the residence or location of the Assigned Tutor and is beyond the reasonable control of the Assigned Tutor or the Company.
- ( v ) The User suffers trouble(s) or damages attributable to illegal access or modification of user’s information or any other form of illegal or malicious practice by third parties.
- The Service or lesson provided by the Service and its educational effectiveness, validity, accuracy, or authenticity.
- The service of the third parties or the materials introduced or recommended by the Company in relation to the Service and its effectiveness, validity, safety or accuracy.
- If the User faces troubles or inconvenience due to the environment which is not recommended by the Company.
- If the User faces troubles or inconvenience due to the Website or content which is operated or provided by a third party and is linked from or to the Website.
- If the User is unable to use the Service due to malfunctions, issues, or any other problems attributable to the Software, the Third Party’s Software (including Skype) or any other services provided by the Company’s designated business partners.
- If the User’s hardware is infected or affected by a computer virus through files, images or any other materials opened or downloaded at the User’s own risk in accordance with sub-article 3 of Article 18-1 of the Terms and Conditions.
- If the User is unable to use or get access to the Service due to loss of password or any other reasons attributable to the User.
- Any information provided on the Website is complete, accurate, updated and safe.
Article 22 (No-guarantee)
The User agrees that the Company will not guarantee whatsoever with regard to the following sub-articles:
- The User is able to book lessons at the desired times or with the desired Tutor.
- Lesson of the Service is educationally effective, valid, accurate, suitable and authentic.
- The Service is properly provided on the environment recommended by the Company.
- The Software, the Third Party’s Software provided or recommended for use or used in relation to the Service is safe.
- The Information, links, URLs and files provided during the use of the Service or on the Website is complete, accurate, maintained updated and safe.
- Use of website operated by the third parties and any information which is linked from or linked to the Company is accurate or safe.
Article 23 (Business Transfer)
The User agrees that in case of transfer of Service to a third party, the Company is entitled to transfer to transferee all the rights and obligations under the Terms and Conditions, including but not limited to the Company’s legal status as a provider of the Service, the User’s membership status of the Service, the User’s registered information and any other relevant data.
Article 24 (Severability)
If any provision of the Terms and Conditions is found to be void, invalid or unenforceable by a court or a consumer contract act of competent jurisdiction, the validity of the remaining provisions will not be affected in any way. In such case, the User agrees to replace the invalid or unenforceable provision by a provision closest possible to the original intent of the invalid or unenforceable provision.
Article 25 (Service Date/Time Displays)
- In using the Service, all relevant dates and times such as the Starting Date, due date for the Service Fees, deadlines for various applications are displayed based on the service target country’s time zone.
- Time within the Service are counted or calculated in accordance with the criteria of the Company.
Article 26 (Governing Law and Exclusive Jurisdiction Court)
The Terms and Conditions is governed by and interpreted solely in accordance with the laws of Japan, without regard to principles of conflicts of laws. The User agrees that any disputes arising between the Company and the Users in relation to or in connection with the Service and the Terms and Conditions will be resolved under the jurisdiction of the Tokyo District Court as the exclusive court.
Effective: May 28th, 2014
Latest Revised: July 15, 2019