Article 1 (Scope of application and revisions to these Terms)
- These Terms set forth the terms and conditions applicable when Users use the Service (defined in Article 2) which is a cloud service provided by Laurus International School, and refer to an agreement executed between Laurus International School and its customers.
- Users shall comply with these Terms in using the Service and may not use the Service unless they agree to these Terms.
- In case of any inconsistencies between the contents of these Terms and the contents of description of the Service other than that provided in these Terms, individual provisions shall prevail.
- These Terms may be subject to change at our reasonable discretion.
- Any changes to these Terms shall become effective when they are published in the Service website (https://e-laurus.com/) or notified to Users through other appropriate means.
Article 2 (Defined terms)
- “Service” means the “eLaurus” service provided by Laurus International School via network, the details of which are described in the Appendix.
- “Users” means an individual who has agreed to these Terms and executed an agreement regarding the use of the Service with Laurus International School.
- “User Agreements” means an agreement executed between Users and Laurus International School regarding the use of the Service.
- “Anti-Social Force(s)” means an organized crime group (organized crime group as defined in Article 2, item (ii) of the “Act on Prevention of Unjust Acts by Organized Crime Group Members”, Act No. 77 of 1991), organized crime group member (organized crime group member as defined in item (vi) of the same Article), group or individual related to an organized crime group or any other anti-social forces, collectively.
Article 3 (Subscription to these Terms)
- Individual applicants (hereinafter referred to as “Applicants”) shall, after having agreed to these Terms, request to use the Service pursuant to the procedures prescribed by Laurus International School.
- Laurus International School may refuse applications if any of the following situations applies to the Applicants, but is not obliged to disclose the reason for such refusal:
- Submission of false information or reports with the application
- Application by competitors or similar applicants, the purpose of which is to investigate Laurus International School’s business secrets (including, but not limited to, sales and technical secrets).
- Applicants who, in Laurus International School’s opinion, have a relationship with Anti-Social Forces or persons related to Anti-Social Forces.
- Applicants who, in Laurus International School’s opinion, have been or are likely to be subject to the measures provided for in Article 15.
- Any other reasons which cause Laurus International School to deem the applicants unfit as Users.
Article 4 (Provision and structure of the Service)
- Laurus International School provides the Service to Users pursuant to these Terms and User Agreements.
- Laurus International School provides Users a management screen account which is necessary for the use of the Service (hereinafter referred to as “Service Account”).
- Users will set up the Internet connections and other network environment, PC and equipment, which are necessary for the use of the Service (hereinafter referred to as “User Environment”).
- The Service will be provided via Internet lines, and depending on the Internet network conditions, the quality of the connection may deteriorate or the Service may be disconnected. Laurus International School does not guarantee that security is complete when the Service is available.
- Laurus International School makes no warranty as to the network environment or the functionality of the equipment set up by Users, the compatibility of the device model, browser version, or specifications of the conversion technology. Furthermore, Laurus International School shall not be liable for any interruption or suspension of the Service attributable to the User Environment.
- Laurus International School makes no warranty as to the functionality of the API provided through the Service or that of Users’ services used in connection with the Service.
Article 5 (Refusal of these Terms)
Laurus International School may refuse applications referred to in Article 3 if any of the following situations applies to the Applicants, but is not obliged to disclose the reason for such refusal:
- Past breaches of these Terms or other agreements executed with Laurus International School;
- Applicants are or are suspected to be Anti-Social Forces referred to in Article 22; or
- Any other reason that causes Laurus International School to believe that the execution of these Terms is not appropriate.
Article 6 (Service fees, etc.)
- In consideration for the use of the Service, Users shall pay monthly fees pursuant to the fee schedule separately stipulated by Laurus International School, using a payment method designated by Laurus International School. Users shall be responsible for any communications or printing fees incurred during the use of the Service.
Article 7 (License to use)
- Laurus International School grants Users the non-exclusive and non-assignable license to use the Service provided that Users comply with these Terms.
- Users may use the Service only for their personal use, and not for profit or other commercial purposes. No rights other than those provided for in the preceding paragraph shall be granted to Users, and such rights will be retained by Laurus International School or the owners thereof.
Article 8 (Service period/cancellation)
- The period during which the Service is provided shall terminate after one (1) month following the day on which Laurus International School notifies Users of the login ID and password (hereinafter referred to as “Service Start Day”).
- If the Service is not cancelled by the date provided for in the preceding paragraph, the Service period shall automatically be extended for another month, and the same shall apply thereafter.
- Even in cases where the Service is cancelled, Users shall not be relieved from the obligation to pay the fees for the Service which have been incurred up to the cancellation date, and shall pay such fees at Laurus International School’s request.
Article 9 (Service fees, payment due date and payment method)
- In consideration for the use of the Service, Users shall pay Laurus International School the service fee pursuant to these Terms plus applicable consumption tax (hereinafter referred to as “Service Fees”), using a payment method designated by Laurus International School.
- The payment due date and payment method for the payment of the service fee shall be as follows:
- Service Fees shall be paid using a subscription payment platform provided by third party institutions or through automatic debit from bank accounts designated by both parties.
- Laurus International School shall not be responsible for the security or services concerning the accounts or registered information necessary for the use of third-party institutions.
- Unless otherwise specified, the user shall pay the usage fee according to the payment method. (a) When users enters into a subscription agreement with the company through the School: Users shall follow the payment conditions and payment schedule separately determined by the Company. (b) When users enter into a subscription agreement with the company through third-party institutions: Users shall be charged for the Service beginning with the month from the date of commencement of use (or from the end of any free trial period stated when entering into the subscription agreement, whichever comes first) and shall be charged each month from the date of the first payment. If the subscription is cancelled and the cancellation date is before the end of the current billing period, the prorated amount for the remainder of the current billing period will not be refunded and the user will retain access to the Service until the end of the current billing period.
- When User Agreements are upgraded to higher plans, the service fee for such higher plans shall be charged starting with the month of such change. When they are downgraded to lower plans, the service fee for such lower plans shall be charged starting with the month following the month of such change.
- When Users cancel the Service during the service period, or when User Agreements are terminated due to Users’ non-performance of their obligations under these Terms, Users shall pay the monthly fees for the remaining service period prescribed in such User Agreements up until the month of such cancellation or termination, pursuant to the payment terms prescribed in paragraph (1) and (3) of this Article.
Article 10 (Service operation and management)
- If the operation of the Service is suspended due to repairs or maintenance of the system or related equipment used for the Service or any other unavoidable reasons, Laurus International School shall give Users advance notice to the extent possible. However, such notice may be omitted if the suspension of operation is required by laws and regulations or due to natural disasters or calamities, or emergencies.
- Laurus International School shall respond to any Service system or equipment failures as promptly as possible. However, Laurus International School cannot be responsible for any User data corruption occurring in such equipment.
- In no event shall Laurus International School be liable for any losses incurred by Users as a result of any measures taken by Laurus International School pursuant to this Article.
Article 11 (Subcontracting)
Laurus International School may subcontract part of the work necessary for the provision of the Service to a third party it designates.
Article 12 (Handling of verification information)
- Users may not disclose or lend to or share with third parties their ID, password or other verification information provided by Laurus International School. Furthermore, Users shall handle such verification information as strictly confidential to prevent leakage or loss.
- Users shall promptly notify Laurus International School in case of any leakage, loss or unauthorized use of verification information.
- Any access to the Service using the designated verification information may be deemed by Laurus International School to have been used by Users themselves. Laurus International School shall not be responsible for any unauthorized use by third parties prior to the notification provided for in the preceding paragraph.
Article 13 (Management by Users)
- Users shall be solely responsible for the management and safekeeping of their Service accounts. In addition, Users agree that any use of the Service which has been verified through the service account shall be deemed as their own.
- Users shall immediately notify Laurus International School and follow its instructions if their service accounts are, or are likely to be, divulged or stolen.
Article 14 (Limitation of liabilities and disclaimers)
- Laurus International School makes no warranty as to the benefits, lack of defects or fitness of the Service for Users’ specific purposes.
- Laurus International School shall not be liable for any damage incurred by Users in connection with the use of or inability to use the Service or any other reasons related to the Service, provided, however, that this does not apply in case such damage arises due to circumstances attributable to Laurus International School’s willful intent or gross negligence that is deemed equivalent to willful intent.
- Even in cases where Laurus International School is liable for any damage pursuant to the proviso of the preceding paragraph, Laurus International School shall be liable solely for direct and actual damage incurred by the Users, and shall not be liable for any special, consequential, incidental or secondary damage, lost profits, or any other indirect damage, regardless of whether such damage is foreseeable to the parties.
- If Users cause any damage to their customers or third parties through the Service, Users shall resolve such issues at their own responsibility.
Article 15 (Suspension of use and termination of agreement)
- Laurus International School may temporarily suspend use of the Service or terminate the User Agreements without any prior notice or demand if any of the following situations arise with respect to Users:
- Users breach any of the provisions of these Terms.
- It becomes apparent that the application and request submitted to Laurus International School contains false information.
- Laurus International School becomes aware that Users have abused a service similar to the Service in the past or have a relationship with an individual or corporation that has abused a service similar to the Service.
- Users are suspended from or becomes incapable of making payments, or a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate rehabilitation proceedings, special liquidation or any other similar proceedings.
- Users or their affiliated company or related person is, or appears to be under the influence of, an Anti-Social Force, in Laurus International School’s opinion.
- It is necessary to perform regular or urgent maintenance or updates to the equipment and systems necessary to provide the Service.
- The provision of the Service becomes difficult due to fire, blackouts, natural disasters, labor disputes, wars, terrorism, riots or other force majeure, interferences by third parties, or other emergencies, or the likelihood thereof.
- Any other situation that renders the use of the Service or the continuation of the User Agreements to be inappropriate, in Laurus International School’s opinion.
- Even in cases where any of the situations provided for in the preceding paragraph applies and the Service is suspended, Users shall not be relieved from their obligation to pay liabilities for the Service.
- In no event shall Laurus International School be liable for any damage incurred by Users as a result of the measures taken by Laurus International School pursuant to this Article.
Article 16 (Ownership of intellectual property rights)
- Users are only granted the right to use the Service pursuant to these Terms and will not acquire any copyrights or other intellectual property rights, titles or any other rights pertaining to the Service.
- Users may only use the intellectual property provided for in the preceding paragraph as users of the Service for its intended use in an ordinary manner, and shall not duplicate or reverse engineer it in any manner without Laurus International School’s permission.
Article 17 (Prohibited matters)
- Users may not engage in any of the following acts when using the Service:
- Acts breaching laws and regulations or crime-related acts
- Acts against public order
- Acts infringing upon copyrights, patent rights, design rights, trademark rights or any other rights of Laurus International School or third parties
- Acts causing disadvantages, damage or discomfort to Laurus International School or third parties
- Acts likely interfering with the operations of the Service
- Any other inappropriate acts similar to those listed above, in Laurus International School’s opinion
- In case Users breach the provisions of the preceding paragraph, Laurus International School may terminate the User Agreements, discontinue or suspend the use by such Users of the Service, delete the Service accounts, or claim damages from such Users.
Article 18 (Service changes or termination)
- Laurus International School may change the subject matter of the Service or terminate the provision of the Service without Users’ consent. When Laurus International School changes the subject matter of the Service, such change shall be made based on its sensible judgment, common sense and good faith as a service provider. Laurus International School shall notify Users in advance prior to terminating the provision of the service.
- When the Service is terminated, the User Agreements shall also terminate as a matter of natural course upon such termination.
- In no event shall Laurus International School be liable for any damage incurred by Users as a result of measures taken by Laurus International School pursuant to this Article.
Article 19 (Confidentiality obligation)
- Neither Laurus International School nor Users may disclose to any third party any nonpublic information disclosed by the other party as information to be kept confidential during the course of the evaluation or actual use of the Service.
- The party receiving the disclosing party’s confidential information may use or disclose such confidential information under any of the following situations:
- When compelled by laws or regulations, court orders or orders issued by other administrative agencies;
- When inquired by public agencies having legal jurisdiction to make such inquiries or under any applicable laws or regulations;
- When deemed appropriate in Laurus International School’s opinion to cooperate with investigating agencies or administrative authorities; or
- When permitted by the disclosing party.
- Laurus International School may, in providing the Service, disclose information necessary to perform such Service to business partners of its choice. Laurus International School shall, prior to disclosing information pursuant to this section, execute a nondisclosure agreement with such business partners and impose confidentiality obligations upon such business partners.
Article 20 (Handling of personal information)
- Users agree that Laurus International School shall handle Users’ personal information pursuant to its policies concerning handling of personal information.
- Following termination of User Agreements Laurus International School will, with certain exceptions, delete all data other than the account information of such Users. After the termination of User Agreements, Laurus International School cannot provide any data to Users even if requested by such Users.
- Laurus International School may at its discretion use or publish any information or data provided by Users to Laurus International School as statistical information through which Users are not identifiable, and Users shall not raise any objection.
Article 21 (Prohibition of assignment of status)
None of the rights and obligations arising from User Agreements may be assigned in whole or in part to third parties, nor collateralized or transferred.
Article 22 (Exclusion of Anti-Social Forces)
- Users represent and warrant that the following statements are and will remain true in future:
- Users are not Anti-Social Forces.
- Users do not have a relationship through which they are deemed to unlawfully use Anti-Social Forces for the purpose of obtaining illegal benefits for themselves or third parties or causing damage to third parties, etc.
- Users do not provide funding or assistance to Anti-Social Forces.
Article 23 (Governing law, jurisdiction in the event of a dispute)
Any dispute arising between Laurus International School and Users shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.