Native Camp, Inc. and Native Camp Pte Ltd (hereinafter collectively referred to as the "Company") have established the following Terms of Use (hereinafter referred to as the "Terms") for use of the online English conversation service (hereinafter referred to as the "Service") provided on "Native Camp for Online English Conversation" operated by the Company for prospective applicants and users (hereinafter collectively referred to as "Users").
Users are required to agree to the Terms of Use and the Privacy Policy (handling of personal information) (hereinafter referred to as the "Privacy Policy"), which is separately stipulated by the Company. We will deem that the User has agreed to all of the terms and conditions of this Agreement at the time the User applies to register for the Service.
Article 1 (Scope of these Agreement)
-
The scope of application of these Terms of Use shall include not only the websites and applications that we provide on the Internet, but also information that we transmit to users via e-mail and other means provided by us.
The definitions of generic terms used in these Terms are as follows.
- The Internet-based lectures provided by this service are called "lessons.
- The English conversation tutors provided by this service are called "tutors".
- The e-mail address used by the User to register for the Service is referred to as the "Designated E-mail Address".
- The tutor in charge of the lesson is called the "tutor in charge”
- Reserving a lesson time with the tutor in advance is called a "reserved lesson".
- The points in this service used when using Booked Lessons are called "coins".
Article 2 (Registration application for this service)
-
Item 1
The User shall apply for registration for the Service by the means prescribed by the Company. Upon registering for the Service, the User must confirm and agree to the following
- To confirm that the communication environment does not interfere with the use of this service.
- If the User is a minor, the consent of a legal representative such as a person with parental authority must be obtained.
- Tutors providing English conversation services must include full-time, part-time, and part-time employees of the Company.
- To be able to send e-mail notifications, advertisements, questionnaires, etc. to the User regarding the Service.
- To improve the quality of customer support services, the contents of user inquiries may be recorded, audio recorded, and stored.
Item 2
The email address, password, and other information necessary for login or use of the Service (hereinafter referred to as "Password, etc.") used by the User to register for the Service shall be available for use with the Service. Item 3
The User shall apply for registration to the Service by the means prescribed by the Company. In the event that a User falls under any of the following circumstances, the Company may reject such application for registration, or may cancel such registration even if the User has already registered for the Service.
- When it is determined that the information does not exist or may not exist
- If there is a risk that multiple accounts have been registered by the same person, or if the same person has registered multiple accounts
- In the event of falsehoods, typographical errors or omissions during registration
- If, at the time of registration, you are currently undergoing, or have previously undergone, account suspension, forced withdrawal, or disapproval of your membership application due to violations of the Membership Agreement, etc.
- If the payment information submitted by the Applicant as a means of payment is deemed invalid by the payment company.
- If the user has failed to pay in the past
- If the user is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a parent, legal guardian, or other guardian at the time of registration
- In any other cases in which we deem you to be inappropriate as a user of this service.
Item 4
The User must strictly manage his/her password and other personal information. The Company may deem the use of the Service to be that of the User himself/herself when the password, etc. entered at the time of login matches the registered one. Item 5
The User shall not allow a third party to use the password, etc., and shall not transfer or lend the password, etc., to a third party. The User shall not transfer or lend his/her password to any third party. Item 6
If the User forgets his/her password or suspects that it has been used illegally by a third party, the User must promptly contact the Company and follow its instructions. The User shall be liable to compensate for any and all damages resulting from the User's delay in making such contact.
Article 3 (Change of registered information)
-
In the event that a User needs to change his/her registration information, the User shall do so without delay through the means prescribed by the Company. In no event shall we be liable for any loss or damage incurred by the User due to the User's delay in making such changes.
Article 4 (Prohibited Acts)
-
Item 1
When using the Service, the User shall not engage in any of the following acts
- Transferring, using, selling, trading, changing the name of, pledging, or offering as collateral to a third party the User's right to use the Service
- Transferring or lending the password, etc. to a third party, or allowing a third party to use the password, etc.
- Infringe our honor, credit, copyright, patent, utility model right, design right, trademark right, portrait right, or privacy.
- Illegal acts, acts contrary to public order and morals
- Acts that interfere with the operation of this service
- Acts of using this service for business activities, commercial purposes, and preparation thereof
- Acts of soliciting or encouraging other users or tutors of this service to commit illegal acts
- Acts that cause economic or mental damage or disadvantage to other users or tutors of this service
- Criminal acts and acts that lead to criminal acts
- Harassing behavior such as harassing the tutor or hindering the progress of the lesson such as bad behavior
- Prying into confidential information that is not generally disclosed by the Company, such as terms and conditions of employment of tutors, call center locations, Internet access, etc.
- Acts of soliciting tutors for religion, political associations, multi-level marketing, etc.
- Any attempt by the User or his/her representative to make personal contact with the tutor, whether online or offline.
- Soliciting tutors to work for services or companies that compete with ours.
- Behavior that is abusive or threatening to our instructors or customer support staff, or that interferes with the progress of our customer support operations.
- The act of using one account by multiple users
- The act of registering multiple accounts
- Involving a third party other than the user in the lesson (however, if the user is a minor, the user's parent or guardian may be allowed to participate for the purpose of assisting the user).
- The act of taking a lesson while intoxicated
- Acts that cause anxiety or burden on the tutor, such as excessive skin exposure, costumes or underwear that exposes the skin.
- Any act that discloses or may disclose lesson content, images, video or audio without the Company's permission.
- Lesson actions without text input, audio log, video log
- Any other actions that the Company deems inappropriate.
Item 2
The Company shall determine, at its own discretion, whether or not any of the prohibited acts described in the preceding paragraph applies. The Company shall not be held accountable for the judgment in this paragraph.
Article 5 (Penal Provisions)
-
Item 1
If we deem that a user has committed any of the prohibited acts set forth in Article 4, we may discontinue, suspend, or terminate the use of this service or cancel the registration without prior notice to the user, regardless of the state of service provision. Item 2
In the event that a user is subjected to a disciplinary action for the reasons stated in the preceding paragraph, we will not refund any usage fees already paid by the user. Item 3
The Company shall not be responsible for any personal problems that occur with the tutor during or outside of the lesson. Item 4
In the event that a user causes damage to us or a third party as a result of an act in violation of the preceding paragraph, the user shall assume all legal responsibility, even after the user has withdrawn from this service, and in any event shall be obligated to compensate us for any damage incurred.
Article 6 (Notification by e-mail)
-
Item 1
When sending important information regarding the Service, we may send e-mail even if the user has configured the user to reject all e-mail notifications and other communications from us. Item 2
Notifications made by e-mail shall be deemed to have been completed when sent to the designated e-mail address. Item 3
The User shall change various settings related to the designated e-mail address to permit the receipt of e-mail from the Company (domain name: nativecamp.net). Item 4
In the event that an e-mail from the Company is not delivered to the User due to an incomplete or incorrectly designated e-mail address, or due to the User's failure to change the reception settings, the Company shall not be liable for the non-receipt of the e-mail. The user shall be obligated to compensate for any and all damages arising from such non-delivery, and in no event shall the user be held liable for such damages by the Company.
Article 7 (Use of this service)
-
Item 1
The User must confirm and agree to the following items when using the Service.
- In order to ensure or maintain the consistency of this service, it is possible to record necessary information such as the content of the user's lessons.
- In order to provide this service smoothly, there may be cases where the content of the lesson is confirmed during the lesson.
Item 2
After completing registration, the user may begin using the Service from the date when the first payment of the usage fee stipulated in Article 11 of this Agreement is confirmed by the Company in the Company's system (hereinafter referred to as "Start of Use Date"). However, this shall not apply to the free trial campaign stipulated in Article 8 of this Agreement.
-
Item 1
We offer this service through a free trial promotion ("Free Trial") to users who meet certain criteria. Item 2
Each person may use the free trial only once. If a free trial is used more than once, the free trial right shall not apply to the second and subsequent times, and the paid plan shall automatically be paid for. Item 3
If a user does not unsubscribe from this service before the end of the free trial, or changes his/her subscription plan during the free trial, the Company shall begin charging the user fees according to his/her subscription plan and subscription options. Item 4
The Company will not notify the User that the User's free trial has ended or that the User has begun using the Service under a paid plan. If a User does not wish to accrue usage fees for the Service, the User must cancel his/her subscription to the Service before the end of the free trial. Unless the User withdraws from the Service or is suspended from using the Service, the Company will continue to charge the User for the usage fee according to the User's subscription plan to this payment method. The User may also cancel his/her membership at any time.
Article 9 (Lessons)
-
Item 1
One lesson is 25 minutes long. In addition, lesson time shall not be interrupted under any circumstances unless otherwise specified. Item 2
If a user commits any of the prohibited acts specified in Article 4 of this Agreement, or if we deem that the user commits any of the prohibited acts, we may terminate the lesson in question. Item 3
You agree and acknowledge that some lessons may be recorded by us to improve the quality of the lessons.
Article 10 (Reserved lessons)
-
Item 1
The user can use the lesson reservation service. A lesson reservation is considered to be completed when the reservation is reflected in the user's reservation status on this service. Item 2
The deadline for obtaining a reserved lesson is 5 minutes prior to the start date and time of the lesson in question. Item 3
Users shall be able to obtain reserved lessons up to 7 days in advance. However, the User will be required to pay the coin or reservation fee specified by the Company at the time of reservation. Item 4
If the user is more than 5 minutes late for the reserved lesson start time, the reserved lesson will be automatically cancelled. If the tardiness is less than 5 minutes, the reserved lesson will be available. However, the reserved lesson time is 25 minutes per lesson minus the tardy minutes. 5 paragraphs
In addition to the above items, users shall follow the rules separately set forth by the Company on its website.
Article 11 (Method of payment of usage fee and usage fee)
-
Item 1
In consideration for the use of the Service, the User shall pay to the Company a usage fee determined separately by the Company. The User shall bear the consumption tax and any other taxes that may be added to the usage fee. Item 2
The User shall pay the Company the fee for use of the Service by the payment method designated by the Company. Item 3
Unless the user cancels the subscription as stipulated in Article 13 of this Agreement, the subscription shall be automatically renewed for each of the following plans ("subscribed plans") or options ("subscribed options") to which the user subscribes under the same conditions and for each subscription period.
Subscription Plan
(1) Premium Plan: 1 month contract period
(2) Family Plan: 1 month contract period
(3) Light Plan: 1 month contract period
(4) Corporate Premium Plan: 1 month contract period
(5) Corporate Standard Plan: 1 month contract period
(6) Corporate Limited Plan: 1 month contract period
Of the subscription plans, (4), (5) and (6) are referred to as "corporate plans.
Subscription Options
(1) Unlimited Native Option: 1 month contract period
(2) Unlimited Callan Receiving Option: 1 month contract period
(3) Annual discount option: 1 year contract period
(4) Zero student discount option: 1 year contract period
*Some subscription plans and subscription options may not be displayed due to the user's location.
*Subscription plans and subscription options available may be changed or discontinued by the Company without prior notice.
Item 4
Fees for this service shall be paid in units of the contract period as described in the preceding paragraph, and once paid by the user to the Company, fees shall not be refundable for any reason. However, this shall not apply in the event that the Service is not provided for reasons attributable to the Company. Item 5
The user's transition from a free trial to a paid plan and payment will be made in accordance with Article 8. Item 6
Even if payment of the usage fee is not made successfully due to system failure or payment failure, we will bill the user for the usage fee at a later date if the user has not canceled his/her membership. The Company will automatically attempt to process the payment of unpaid charges to the registered or changed billing information. Users who have canceled their membership prior to the billing date will not be billed for any unpaid fees. Item 7
- Coins purchased by users on the website ("Purchased Coins") (Coins cannot be purchased within the mobile app) shall expire 180 days from the date of purchase and shall become invalid after 180 days have passed.
- The coins granted to the User each month as a benefit of the Corporate Premium Plan ("Corporate Premium Plan Coins") shall expire on the date of contract renewal for the current month's Corporate Premium Plan Coins, and the following month's Corporate Premium Plan Coins shall be granted on the date of contract renewal.
- Coins earned by users through methods other than purchase or Corporate Premium Plan benefits ("Service Coins") shall expire 60 days from the date they are granted and become invalid after 60 days have passed.
Article 12 (Effective period of this service)
-
Item 1
The available period of this service is valid for the contract period according to the subscription plan, starting from the first settlement date (billing date). Item 2
The use of this service shall not be interrupted during the period of availability. However, this shall not apply in cases falling under Article 5.1 of these Terms of Use. Item 3
The term of availability shall be automatically renewed each subscription period in accordance with the provisions of Article 11 of this Agreement. Payment shall be made by the means specified in Article 11.
Article 13 (Withdrawal)
-
Item 1
The user shall apply for withdrawal from membership by means separately determined by the Company. In the event that the withdrawal request is made without any deficiencies, the User shall lose his/her eligibility to use the service upon completion of the withdrawal procedure. The withdrawal procedure is considered complete when the Company confirms the withdrawal request and sends an e-mail or other means to the User to the effect that the procedure has been completed. Item 2
You may request to cancel your subscription at any time. However, unless the withdrawal request is made before the end of the subscription period of the subscribed plan or subscription option, the subscription contract will be automatically renewed. In the event of cancellation during the annual discount option subscription period, a mid-term cancellation fee determined separately by the Company shall be paid. Item 3
Upon completion of the withdrawal, the user shall lose all rights related to the Service and shall not be able to make any claim against the Company. Item 4
The User shall be liable for any and all damages incurred by the Company or a third party due to the User's own acts, etc. related to the Service, even after the withdrawal from membership has been completed.
Article 14 (Handling of registration information)
-
Item 1
We shall use the user's registration information only for the purpose of providing the Service. Item 2
We shall not disclose the user's registration information to any third party without the user's prior consent. However, this shall not apply in the following cases
- When required by law, or when it is necessary to cooperate with a national agency, a local government, or an individual or entity entrusted by either a national agency or local government to perform duties as prescribed by law.
- When it is necessary to protect a person's life, body or property and it is difficult to obtain the consent of the individual
- When taking necessary action, including legal action, in response to a user's violation of the Terms of Use
Item 3
We shall handle information that falls under the category of "personal information" among the user's registration information in accordance with our Privacy Policy.
Article 15 (Interruption/termination of this service)
-
We reserve the right to suspend or terminate this service with prior notice by posting a notice on the service or sending an e-mail to users. In addition, the Company reserves the right to suspend the Service without prior notice in the event that the Service is difficult to provide due to political conditions or natural disasters in Japan or abroad, failure of the server or other equipment provided, or other unavoidable circumstances.
Article 16 (Liability for Damages)
-
In the event that a user violates these Terms of Use, the Company may demand compensation for any direct or indirect damages or losses incurred by the user as a result of said violation.
Article 17 (Copyright and Ownership)
-
Item 1
All copyrights and proprietary rights to trademarks, logos, descriptions, contents, etc. related to this service belong to the Company. Users may not use the trademarks, etc., reprint them in magazines or other websites, modify them, reproduce them, or otherwise use them for any purpose other than the purpose of using the Service without the Company's prior express consent. Item 2
In the event that a User violates the preceding paragraph, the Company may take various actions (warnings, complaints, claims for damages, injunctions, claims for restoration of reputation, etc.) against the User in accordance with copyright law, trademark law, etc. The Company shall not be liable for any damage caused by the User's violation of the preceding paragraph.
Article 18 (Disclaimer)
-
You agree in advance that we shall not be liable for any damages arising out of or in connection with the matters set forth in the following clauses.
- If you are not satisfied with the use of this service
- When the number of lessons provided is insufficient due to a sudden increase in the number of users
- If the user is unable to obtain a reserved lesson at a specific time requested by the user
- If the user is unable to obtain a reserved lesson with a particular tutor of his/her choice
- When we have no choice but to cancel the lesson due to reasons stipulated in Article 15 of this Agreement, or due to power outage or communication failure in the country where the tutor is delivering the lesson.
- Due to unauthorized access to or unauthorized alteration of user messages or data, or other actions by a third party
- Learning effectiveness, effectiveness, accuracy, truthfulness, etc. of lessons provided by this service
- The effectiveness, efficacy, safety, accuracy, etc. of services and educational materials introduced or recommended by other companies in relation to our services.
- In case of virus infection or other damage caused by files received or opened at your own risk during the lesson.
- In the event that the Service cannot be used due to the loss or unavailability of a password or other means caused by the User's negligence.
- Completeness, accuracy, up-to-dateness, safety, etc. of all information and links provided by this service
- The content and use of websites operated by third parties linked to or from the Service.
Article 19 (Changes to these Terms)
-
We reserve the right to change the Terms of Use without any notice to the user. The modified Terms of Use shall become effective at the time they are posted on the Service or when we send information to the user via e-mail, and the user agrees in advance to the method of modification.
Article 20 (Governing Law and Exclusive Jurisdictional Court)
-
This Agreement shall be governed by and construed in accordance with the laws of Singapore. In addition, the Company and the User agree in advance to submit to the exclusive jurisdiction of the courts of Singapore as the court of first instance for the resolution of any dispute between the Company and the User arising out of or in connection with the Service or this Terms of Use. However, in the case of the Corporate Plan stipulated in Article 11.3 of this Agreement, this Agreement shall be governed by and construed in accordance with the laws of Japan, and any dispute between the Company and the User shall be subject to the exclusive jurisdiction of the courts of Japan as the court of first instance.
