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End-User License Agreement (EULA)

EdulinX Corporation is a company incorporated in Japan and its principal place of business is at Parkwest Bldg. 4F, 6-12-1 Nishi Shinjuku, Shinjuku-ku, Tokyo, 160-0023 (hereinafter from time to time referred to as ‘we’ or ‘us’).

By accessing and using this website you (defined below as Licensed Users and/or Authorized Users) are indicating that you accept the terms and conditions set out below. Users who do not accept these terms of use are not authorized to use or continue using this website.

We may amend these terms of use at any time and any revised version will be effective immediately that it is displayed on this website.

Access

This EULA grants purchasing institutions and individuals (‘Licensed Users’) a non-exclusive, non-transferable license to access all copyright content delivered via an online platform accessed on this website, the content delivered via an online platform hereinafter referred to as ‘the Product’). Where a Licensed User is an institution that has purchased access on a site license basis, such institutional Licensed Users are further permitted to grant access to the Product to Authorized Users. ‘Authorized Users’ is defined as individuals authorized by institutional Licensed Users to access and use the Product.

Where a Licensed User is an individual, such Licensed User is entitled to access the Product for his/her own private individual use only, as if he/she were an Authorized User, and shall not acquire any rights under this EULA to permit access or use of the Product by any other person.

The principal form of access will be via user ID and passwords which will be issued to, or created by Licensed Users. Licensed Users are entirely liable for all activities conducted through and using such user names and passwords, and are responsible for ensuring Authorized Users are aware of the terms of this EULA and comply with this EULA. Usernames and passwords must be kept confidential and may only be used by the Licensed Users and Authorized Users under the terms of this EULA. Unauthorized use of the username and password, either with or without the Licensed Users’ knowledge and consent, shall be considered a breach of this EULA. Licensed Users agree to notify us of any known or suspected breach of security, including loss, theft or disclosure of usernames and passwords.

Obligations of the Licensed Users

Each Licensed User shall use best endeavors to monitor compliance and immediately upon becoming aware of any unauthorized use or other breach by one of its Authorized Users, or any other party, inform us and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence. The Licensed Users shall use best endeavors to ensure that all Authorized Users are appropriately notified of the importance of respecting the intellectual property rights in the Product. The Licensed Users shall be responsible for ensuring that adequate security is in place in order that only Authorized Users can gain access to the Product.

Use of this site

We own or are licensed to use all intellectual property rights in and to this website and all technical infrastructure relating to it. Both Licensed Users and Authorized Users undertake to ensure that the intellectual property rights of the copyright holders and the software owners and the moral rights of the authors of the Product (and the content comprising it) are not infringed.

In addition to the terms of use set out in this EULA, where content comprising the Product is supplied by a third party, Licensed Users and Authorized Users may be required to accept an additional end-user license agreement. In such an instance the Licensed Users and Authorized Users shall be notified of this additional requirement and must accept the additional terms prior to being granted access to the Product.

Permitted uses

Licensed Users and Authorized Users may, to the extent available as a functionality of the Product, do any or all of the following:

  • access, search and view the Product;
  • interact, use collaboration tools, and view progress results; and
  • download and print selected content comprising the Product, provided that no trade mark, copyright or other proprietary notices contained in or appearing on the Product (and the content comprising it) are removed in whole or in part.

All other rights are reserved.

Prohibited uses

In accessing any part of this website, Licensed Users and Authorized Users agree NOT to:

  • engage in systematic copying or unauthorized downloading of the Product (and the content comprising it) or transmit any part of the Product (and the content comprising it) by any means to any unauthorized user;
  • allow copies to be stored or accessed by an unauthorized user;
  • make the Product (and the content comprising it) available in any other form or medium or create derivative works, in whole or in part, without the written permission of the relevant copyright holders;
  • alter, amend, modify or change the Product (and the content comprising it);
  • reproduce or exploit the Product (and the content comprising it), in whole or in part, for commercial gain;
  • use the site in such a way that disrupts, interferes with or restricts the use of the site by other users;
  • upload, display or transmit any materials through this website which are false, offensive, defamatory, threatening, obscene, unlawful or which infringe the rights of any other person anywhere in the world;
  • reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the site or attempt to transmit to or via the site any information that contains a virus, worm, trojan horse or other harmful or disruptive component; or
  • change, modify, delete, interfere with or misuse data contained on the site and entered by or relating to any third-party user of the site.
  • Make lewd or intimidating comments, use abusive or repulsive language with teachers and coaches
  • Obstruct lesson progress through harassment of teachers or bad behavior
  • Interfere with employment conditions for teachers and confidential information of the company which they belong to
  • Attempt to recruit teachers and coaches to work for other companies
  • Attempt to personally contact the teacher, online or offline, including by email

EdulinX Corporation reserves the right to, as it deems appropriate or upon written request from other copyright holders of the Product, withdraw Licensed Users’ and Authorized Users’ access to the Product in the event of a systematic breach of these conditions.

Uploaded Material

Licensed Users and Authorized Users may upload material, and edit such material, as part of the functionality of the Product (‘Uploaded Material’). Licensed Users and Authorized Users acknowledge that all such Uploaded Material is the sole responsibility of Licensed Users and Authorized Users, who shall be solely liable for any misuse. Any Uploaded Material is posted without the knowledge of EdulinX Corporation or other copyright holders of the Product.

EdulinX Corporation and other copyright holders of the Product shall have no liability to Licensed Users or Authorized Users or to any other individual/institution for any damage, loss, cost, claim or expense suffered by Licensed Users or Authorized Users or by any other individual/institution arising directly or indirectly from the posting of such Uploaded Material and the use made of it by Licensed Users or Authorized Users or any other individual/institution.

Licensed Users and Authorized Users undertake not to use the uploading facility to:

  • post advertising or promotional materials or transmit any ‘junk mail’ ‘spam’ or ‘chain letters’ or any other form of solicitation for goods or services;
  • post any material that you do not have the right to post under any law or under any other obligatory relationship;
  • post any material that infringes any intellectual property right including without limitation patent, trademark, trade secret, copyright, or other proprietary rights of any other person;
  • post any material that is defamatory, libelous, unlawful, threatening or harmful, abusive, harassing, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • import any Uploaded Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • promote or provide instructional information about illegal activities, physical harm or injury against any group or individual; or engage in any commercial activities.
  • Use for commercial activity

Moderation

All or parts of this site may not be moderated. EdulinX Corporation and all other copyright holders of the Product will not be responsible as author, editor or publisher of any Uploaded Material included on this site and we expressly exclude our liability for any loss or damage arising from the use of the Uploaded Material by any person.

Content standards

Certain parts of the Product may be subject to access restrictions due to the age of the user, the audience as a whole, or the appropriateness of the content forming that part of the Product. In such instances that part of the Product may be clearly marked with an icon and/or text data detailing such restrictions. Licensed Users and Authorized Users found to be in breach of this term of this EULA shall have their access terminated with immediate effect.

Use of this site by minors 

The use of this site by minors is deemed to be with the consent of their parent or guardian. We advise parents who permit their children to use this site that it is important that they communicate with their children about their safety online. Minors who are using this site should be made aware of the potential risks to them and of their obligation to comply with the terms of this EULA when using this site.

Right of withdrawal of access or content / Uploaded Material 

Where we consider there to have been a deliberate and/or systematic breach of the terms of this EULA by Licensed Users and/or Authorized Users, or upon request from other copyright holders of the Product, we reserve the right to immediately, temporarily or permanently withdraw such users’ right to use the Product.

Complaints

In the event that Licensed Users or Authorized Users wish to complain about content or Uploaded Material included in the Product, it should report the content / Uploaded Material to us at the following address: Parkwest Bldg. 4F, 6-12-1 Nishi Shinjuku, Shinjuku-ku, Tokyo, 160-0023. Any such complaint should include the following details:

  • Name and email address of the Licensed User or Authorized User reporting the infringement;
  • The nature of the infringement (copyright infringement, obscene or abusive content, defamation, etc.);
  • A hyperlink and reference number (where applicable) to the content / Uploaded Material in question;
  • Confirmation that in the case of someone reporting a copyright infringement, you are the copyright holder or are authorized to act on the copyright holder’s behalf.

We will review complaints promptly and will inform you of the outcome of our review within a reasonable time of receiving your complaint.

Exclusions and limitations of liability 

Licensed Users and Authorized Users (hereinafter referred to as ‘you’) should ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the Internet.

Although every reasonable effort has been made to ensure that the information on this site was accurate at the time of publication, it is subject to variation at any time without notice and we do not give any warranty that any such information will be accurate or complete at any particular time or at all.

This site and any information or other material contained in it are made available strictly on the basis that you accept it on an ‘as is’ and ‘as available’ basis. Where you rely on any information or other material contained in it, you do so entirely at your own risk and you accept that all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of this website are excluded to the fullest extent permitted by law.

We exclude all liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage resulting or arising from any non-availability or use of this site or of any other site linked to it, or from reliance on the contents of this site or any material or content accessed through it.

We exclude all liability whatsoever, to the fullest extent permitted by law, in respect of any loss or damage to any user who accesses the Product / Content / Uploaded Material that is not suitable because of age or appropriateness, or which the user deems to be offensive or otherwise objectionable.

Use of Statistical Data

EdulinX Corporation shall, under the terms of this EULA, be permitted to use statistical data arising out of use of this site by Licensed Users and Authorized Users. EdulinX Corporation undertake to use this data only for internal editorial purposes, academic research purposes, recommending products to users, and to monitor usage of this site and the Product. (Exception: We additionally retain the use of data for mail magazines to Career English users.). EdulinX Corporation may pass this data to any of its offices or related companies worldwide and to any of the other copyright holders of the Product and they shall be permitted to use such data for the purposes of carrying out the same tasks. Personal Data may be included in this statistical data and Licensed Users and Authorized Users consent to the herein mentioned use of such Personal Data. The privacy policy (detailed below) will remain in force at all times.

Termination

This EULA shall remain in full force and effect for as long as you continue to access and use the Product, unless you commit a material breach of this EULA, in which case we may at our discretion terminate the EULA, and/or exercise all rights and remedies which may be available to us in law or equity. Upon termination of this EULA for any reason a) all rights granted to you under this EULA shall revert to us, and b) you agree to continue to adhere to the provisions of the EULA relating to any intellectual property of EdulinX Corporation, the other Product and Content copyright holders, or any third-party rightsholders. Termination of this EULA shall not affect any claim which we may have for damages or otherwise.

Privacy Policy 

If you supply personal details through this website then you consent to our maintaining, recording, holding and using such personal data in accordance with our general ‘Privacy Policy’. Personal information collected in this way will be added to our access control database (which may be hosted by a third-party hosting company). Personal information will be deleted 365 days after the end of students’ courses. Exception: Personal information belonging to Career English users’ or others whose organization has a special agreement with us will be retained.

Purpose of use of personal information 

The personal information provided to the Company shall be used for the purpose described in the Privacy Policy (Personal Information Protection Policy).

Provision of personal information to third parties 

In the interpretation of this End-User license agreement, personal information has the same meaning as defined in Act on the Protection of Personal Information. Your personal information will be provided to Licensed Users. In addition, “Photos, Nicknames, and Forum Posts” uploaded by customers for use with the Forum etc. will be provided to other Authorized Users.

Outsourcing of personal information to third parties 

If we have entered into an agency agreement for various EdulinX online learning materials, and you have purchased the product through that agency (your organization has purchased the product through that agency as a Licensed User) and if you have purchased the product through an organization which you belong to, we may provide personal information to the agency or affiliated organization. In order to provide various services (correction, coaching, etc.) to improve the learning effectiveness of the product, we may conclude a consignment contract with a third party and provide personal information to the third party based on the consignment contract.

Links

Links from this website are provided for information and convenience only and we have no control over and cannot therefore accept responsibility or liability for the content of any linked third-party website. We do not endorse any linked website.

EZ to Talk series and Business Speaking series

Special notes on attendance:

If you take the EZ to Talk series or Business Speaking series, you must also agree to the following terms regarding the online English conversation service “QQ English” (provided by QQ English Inc.).

Unable to attend due to system failure:

Regarding online English lessons, if the time of one lesson is less than 20 minutes due to a system failure caused by the teacher, the lesson shall be treated as not completed and the user can take another lesson at a later date. In this case, within one hour after the end of the lesson, the user must specify the “User ID”, “Time during which the class could not be taken”, and “Teacher name” by e-mail to Reallyenglish Support (support@edulinx.co.jp). We will investigate the situation, and if the problem is confirmed, the user will be allowed to take another lesson. In addition, it may take several days to complete confirmation and reset the online speaking lesson status for the user. If a lesson cannot be taken due to a system failure caused by the user, the speaking lesson will not be refunded.

Online English lesson service hours and dates:

The online English lesson service is available only on the lesson appointment screen, when the lesson can be reserved. We may change the time zone during which online English lessons can be taken without giving prior notice. In addition, we will set school holidays by showing or notifying that lesson reservation is not possible on the lesson reservation screen, and we can change this without prior notice to the user.

Service restrictions:

The Company may limit or change the number of lesson reservations to provide better service to the user.

Service monitoring:

While using the services provided by QQ English Co., Ltd., the user agrees and acknowledges in advance that QQ English Co., Ltd. has the right to record lessons. The recordings are used to provide guidance and evaluation to teachers, make quality improvements, and manage/check Internet connection status. The recordings are not used for any other purpose.

Attribution of rights:

The copyright of photos and videos taken by QQ English Inc. and EdulinX Corporation with the consent of the user belongs to QQ English Inc. and EdulinX Corporation. QQ English Inc. and EdulinX Corporation reserve the right of unrestricted use, now and in the future, for any purpose.

Jurisdiction

This site has been designed and these terms of use shall be governed by and construed in accordance with Japanese Law. Any dispute arising out of the accessing or use of this website shall be subject to the jurisdiction of the Tokyo District Court (Tokyo Summary Court if the amount of dispute is less than 1.4 million yen).

Revision History

Jun 6, 2014

  • Added new provision “personal information belonging to Career English users or others whose organization has a special agreement with us” to Privacy Policy.
  • Added new provision “Career English users” to Use of Statistical Data.

April 1, 2015

  • Added “EZ to Talk” user regulations for the purpose of using personal information.
  • Added “Special Notes on Participating in EZ to Talk Series” to this EULA.

October 16, 2015

  • In “Special Notes for Participating in the EZ to Talk Series”, added the personal information items required by the Company and the rules for deleting personal information.

October 27, 2015

  • Regarding data protection, the exclusion from third parties was changed from “Group licensed user  which the authorized user belongs to” to “Group which the authorized user belongs to”.

January 12, 2016

  • Regarding access, the description limited to purchasers was changed from “purchasing organizations and individuals” to “organizations and individuals”.
  • Regarding data protection, added description about the range of providing personal information.

March 15, 2016

  • Added information about teachers and coaches to prohibited uses.
  • As for uploaded materials, added the posting location of the material.
  • Added information about teachers and coaches as exclusion and limitation of responsibilities.
  • Regarding “Special Notes on Participation in EZ to Talk Series”, the courses are classified into two patterns, and provisions are added when online English lessons can be reserved on this site.

August 9, 2016

  • In accordance with the company name change, the company name described was changed from “Kyukyu-Bin Co., Ltd.” to “QQ English Co., Ltd.”

October 24, 2016

  • When launching the Business Speaking series, a description of the Business Speaking series was added as a target course of “Special notes on attending the EZ to Talk series”.

May 22, 2017

  • Added information on anonymization of information in the use of statistical materials.
  • Corrected the policy on personal information protection to a written consent for provision of personal information.
  • Data protection is categorized into the provision and consignment of personal information to third parties, unnecessary clauses have been deleted, and rules for the use of Forum have been added.
  • Added information on the shared use of personal information.

July 13, 2017

  • Corrected the description regarding “Special notes on attending EZ to Talk series and Business Speaking series”.

May 21, 2018

  • Revised the data retention period in the article “Privacy Policy.”

April 20, 2020

  • Changed the description of the head office address.
  • Deleted information on the shared use of personal information.

April 1, 2021

  • Changed the company name.