Rights of Modification
The Service is an online platform where people can enroll in online courses and learn various subjects. For details of the Service, please visit the following. We may separately charge a fee for your use of Contents (meaning Courses provided under the Service (including online Courses and Courses conducted at universities and other educational institutions), face-to-face class, gaccatz, certificates and other products.) The fees are described in the details page of each Contents item.
(1) In order to access full feature of the Service, and to post any User Content through the Service, you must register to create a user account (“User Account”) and become a “Member”. You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. You represent that all information provided by you is accurate and up-to-date. You agree to maintain and update your information to keep it accurate and up-to-date. If you do not register to create a User Account, you are a “Visitor” and a Visitor may only browse or use limited parts of the Service. For clarity, this Agreement applies to both Members and Visitors.
(2) If you are under the age of legal majority, or you are an adult ward, a person under curatorship or a person under assistance where you access the Services, you must have obtained consent from your guardian, curator or assistant to use the Service. If a person under the age of legal majority, adult ward, a person under curatorship or a person under assistance uses this Service, it is deemed that such person has obtained consent from their guardian.
(3) You acknowledge that DOCOMO gacco may, at its sole discretion, reject your registration to become a Member or revoke acceptance of your Membership registration. For clarity, DOCOMO gacco shall not be liable or responsible to you with regard to its rejection or revocation made pursuant to this sub-paragraph (3).
We will issue each Member a unique ID (“Membership ID”). Member may login to its User Account by using the Membership ID and the password registered by such Member (“Password”). You agree to: (1) try to choose a strong and secure Password; (2) keep your Password secure and confidential; (3) not transfer any part of your User Account, Membership ID or Password; and (4) in case of lost or stolen Password, immediately notify us of such fact and change the Password to prevent others from using your User Account. You are responsible for anything that happens through your User Account.
We may change, suspend or end any Service, or change and modify prices in our discretion. To the extent allowed under law, these changes may be effective immediately upon posting to our Site by us. We will not be liable to you or any third party for any such change, suspension or end of the Service, or change or modification of the prices. Even if a User could not use the Service within the effective term for paid Services, we will not make any refund or compensation. If provision of a Course that has not been started yet is completely cancelled, we will refund the Members the amount paid for such Courses. Even if provision of a Course that has already started is ended or changed in whole or in part, neither the Course Provider nor we will make a refund.
(1) The individual institution or instructor (“Course Providers”) will, through the Service and from time to time, offer courses in a specific area of study or on a particular topic (“Course”). The Course Providers are the providers of the Courses and in no event shall DOCOMO gacco be construed the provider of the Courses. DOCOMO gacco and the Course Providers reserve the right to cancel, interrupt or reschedule any Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress.
(2) Members may, by clicking on to the “enroll” button in the Site, enroll in the Courses offered by the Service. Members may also suspend enrollment in the Courses by deregistration. Suspended Courses may be resumed by re-registration. Even when a Member deregisters for a paid Course, neither the Course Provider nor we will make a refund of the received Course fee. If the Member resumes the deregistered Course by re-registering, the Member shall pay the applicable Course fee.
(5) You agree to irrevocably and perpetually waives the benefits of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world and shall not institute, support, maintain or permit any action or lawsuit on the grounds that any use of the User Content by DOCOMO gacco Parties in any way constitutes an infringement of your moral rights.
You agree not to do any of the following while using the Service:
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material or take any action that:
- infringes, misappropriates or violates a third party's intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Service, or any individual element or materials within the Service, DOCOMO gacco Party's name, trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without DOCOMO gacco's express written consent;
- Access, tamper with, or use non-public areas of the Service, DOCOMO gacco or Course Provider's computer systems;
- Attempt to probe, scan, or test the vulnerability of any DOCOMO gacco system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DOCOMO gacco or any of DOCOMO gacco's providers or any other third party (including another gacco User) to protect the Service;
- Attempt to access or search the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DOCOMO gacco or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way the Service deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Collect or store any personally identifiable information from the Service, or from other users of the Service, without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Create a User Account for anyone other than yourself;
- Encourage or enable any other individual to do any of the foregoing;
- Access the Service by automated means including but not limited to, bots, robots, spiders;
- Use your Member profile for personal commercial gain;
- Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Members, or modify or interfere with the Service;
- Abuse or exploit a bug, glitch or mechanism in the Service; or
- Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation.
Disclaimer of Warranty / Limitation of Liabilities
THE SERVICE, THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DOCOMO gacco PARTIES DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY SERVICE, SITE, INFORMATION OBTAINED FROM THE SERVICE, OR LINK TO A SITE. DOCOMO gacco PARTIES DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, DOCOMO gacco PARTIES DO NOT WARRANT THAT (A) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SERVICE OR SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SERVICE OR SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICE OR SITE WILL BE CORRECTED. NONE OF DOCOMO gacco PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO ACCESS THE SERVICE AND SITE MAY BE IMPAIRED. DOCOMO gacco PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SERVICE OR SITE OR ANY INFORMATION OR SERVICES RELATED TO THEM. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICE AND SITE OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.
You agree to indemnify, defend and hold harmless DOCOMO gacco Parties, and each of their respective officers, directors, agents, employees, and assignees, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Service or Site; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available using the Service or on the Sites, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Closing Your User Account
You may choose to close your User Account at any time by following the “Account Closing Procedure” on our Site. This Agreement will be automatically terminated on the date of your User Account is closed pursuant to the preceding sentence. Closed User Accounts cannot be reinstated; any User Account that may be registered by you after the closure is a new unique account. In cases where Members who close their User Account have unused purchased Content, and the effective term of the paid Content is remaining or the Member has not commenced use of the paid Content, we will not make a refund in proportion to the remaining term.
Effect of Termination
- Any amounts owed by you to us prior to the termination of this Agreement; and
In case a terminated Member has purchased unused paid Contents, and the effective term of the paid Contents is remaining or the Member has not commenced use of the paid Contents, we will not make a refund in proportion to the remaining term.
Cancellation by Member
(1) If you purchased paid Contents and cancelled it, reimbursement will be made as follows:
(a) If you applied for paid face-to-face class, and you contacted our management office by no later than 15 days before the start date, we will make a refund after deducting the applicable management fees and remittance fee. If cancellation for your own reasons is made on or after such date, no refund will be made. The foregoing sentences may not apply if we cannot confirm your payment.
(b) You are deemed to consent that if you cancel paid Contents not referred to in the foregoing paragraph for your own reasons, we will not make a refund, whether you used the paid Contents or not.
(2) If purchase is made by convenience-store payment and your payment is completed, but we cannot confirm your payment within 3 days from your purchase, your are deemed to waive your rights in relation to the Service.
Governing Law; Dispute Resolution
(a) The Service is under our management. While the Service may be accessed from various jurisdictions, we and the people who access this Service both shall abide by the laws of Japan and the municipal regulations of Tokyo Metropolis.
(b) You agree to the exclusive jurisdiction of the Tokyo District Court for any and all disputes, controversies and/or differences arising between you and DOCOMO gacco in connection with this Agreement.
(3) You may not assign any part of this Agreement without the written consent of DOCOMO gacco. Any attempt to transfer or assign this Agreement is void.
Effective as of August 25, 2015.
Amended as of January 31, 2017.