Chapter 1 General Provisions
Article 1 (Application of the Covenant)
1. The Terms and Conditions of Use of ClassNK Academy Website (hereinafter referred to as "these Terms and Conditions") shall apply to the use of ClassNK Academies provided by the Japan Maritime Society (hereinafter referred to as the "Society") on the Internet or throughout Japan, and to the use of services (hereinafter referred to as the "Services") through the relevant Website by a person who has approved such use by the Society (hereinafter referred to as the "User"). When using the Service, the user shall be deemed to have consented to the contents of this Agreement by expressing his/her consent to the contents of this Agreement in the manner designated by the Society.
2. The User shall agree in advance that the Services shall be operated by the Society and by a third party entrusted by the Society (hereinafter referred to as the "Entrustee") and that such Entrustee may act on behalf of or act on behalf of such Entrustee in exercising its rights and obligations.
3. This Agreement shall prevail with respect to matters that are redundantly stipulated or inconsistent with this Agreement and other documents (e.g., ClassNK Academy Application Form, etc.).
Article 2 (Notification to Users)
1. The Society shall notify the user of any necessary matters relating to this Agreement on the Internet or by such method as the Society deems appropriate.
2. The user accepts in advance that the notice set forth in the preceding clause may become a part of this Agreement.
Article 3 (Changes to the Regulations)
1. This Agreement is subject to change without prior consent of the user. In this case, the usage conditions of this service will be the convention after the change.
2. This Agreement after the change shall be notified to the user in accordance with the provisions of the preceding article, and the user shall be deemed to have agreed to the change of this Agreement as of the date of notification.
Article 4 (Users)
In this Agreement, the term "user" shall mean a person who falls under any of the following conditions.
(1) A person who applies to the Society for use of the Services in accordance with the procedures prescribed by the Society and is approved by the Society.
(2) A person who has approved the use of the Services in a manner separately stipulated by the Society.
Article 5 (Approval and disapproval of use)
1. The Society accepts applications for use in the manner prescribed by the Society and approves the use after completing the necessary examinations and procedures.
2. In the event that an Applicant falls under any of the following items, the use of such Applicant may not be approved by the Society.
(1) In the event the Applicant has violated this Agreement in the past.
(2) In the event of false entries, errors or omissions in the matters to be reported at the time of application for use.
(3) In the event the Society deems it inappropriate as a user.
3. Any user fee arising from the use of the Service by the Applicant before the Member decides not to use the Service pursuant to the preceding clause shall be borne by the Applicant, and the Applicant shall fulfill such obligation.
Article 6 (Issuance of ID and Password)
1. The Society issues an ID and password to the applicant when approves the use of the applicant.
2. The contract for the use of this service between the Society and the user shall be effectively established on the date of issuance of the ID and password.
Article 7 (No Assignment)
The user shall not transfer the right to use the Service to a third party, sell or purchase, change the name, pledge or otherwise pledge the Service.
Article 8(Notification of Change)
1. In the event of any change in the contents of the notification to the Society, the user shall promptly submit a notification of such change in the manner prescribed by the Society.
2. In the event the user suffers any disadvantage due to the non-notification in the preceding paragraph, the Society shall not be responsible for such disadvantage.
Article 9 (Services to be Provided)
The Society shall provide the Services and services incidental thereto to the Users via the Internet or by other means.
Article 10 (Service Charge)
1. When using the Services, the User shall pay the fees for the use of the Services separately provided by the Society by the due date separately provided by the Society, and the method of payment shall be in accordance with the method of payment approved by the Society.
2. The Society shall not return any fees paid by the User for any reason other than as stipulated by the Society.
Article 11 (Delayed Interest)
1. If the full amount of the usage fee is not paid after the due date for payment, the user shall pay the amount calculated at the rate of [14%] per annum for the total amount of the usage fee in arrears for the number of days from the day following the due date to the due date for payment.
2. All remittance fees and other expenses necessary for the payment of the preceding clause shall be borne by the relevant user.
Article 12 (Grant of Use of Service)
1. The Society shall grant the user the use of the Service by issuing an ID and password to the user during the period of use separately stipulated, and such user shall be entitled to use the Service only for the period of use specified in accordance with the terms and conditions stipulated herein.
2. The Society shall notify the user of the issuance of ID and password, notification of the period of use, and authorization to use the Service by e-mail or by such method as the Society deems appropriate.
Article 13 (Suspension of Use of Service)
The user shall be entitled to suspend the taking of the Services or individual services at any time by the method of notification prescribed by the Society. Provided, however, that the provisions of Paragraph 2 of Article 10 shall apply to such cases.
Article 14 (Termination of Use of Services)
Upon the expiration of the period of use notified to the user, this Society shall terminate the provision of the Services to such user. In this case, the ID and password issued to the relevant user will be erased.
Article 15 (Scope of Use)
1. The user shall not disclose, distribute, or provide to any third party all information and software on the Internet server that comprises the Services.
2. The user shall not license, establish, distribute, sell, transfer or lease the Service to a third party.
3. The user shall not allow a third party to commit an act in violation of any of the preceding paragraphs.
Article 16 (Removal of ID and Password)
1. In the event that a user approved by the Board falls under any of the following conditions or violates any of the provisions of this Agreement even after the approval of the application for use, the Board may cancel the acceptance of the application for use and cancel the issued ID and password by giving notice to such user.
(1) In the event the service usage fee, etc., is not paid within the specified period after the due date for payment and despite the receipt of a reminder specifying a reasonable period.
(2) In the event any one of the provisions in Clause 2 of Article 5 hereof is found to be applicable after the licensing of the Services or completion of the application for individual courses.
(3) Where it is found, based on a notice, etc. from a third party, that the act of said user falls under any of the prohibited matters.
(4) When the use of the credit card owned by the user, which is issued by a credit card company approved by the Society, is discontinued.
(5) Where the user has become unable to perform his/her obligation due to the dishonour of the negotiable instrument or due to reasons such as the filing of a petition for commencement of bankruptcy proceedings, etc.
2. In the event of any one of the items in the preceding paragraph, the User shall naturally lose the benefit of term and shall immediately pay the usage fee, etc., for the Services to the Society. In addition, the Society shall not be liable for any loss or damage caused by the use of the Service as a result of the measures set forth in the preceding paragraph.
Chapter 4 User Obligations
Article 17 (Equipment, etc.)
The User shall, at its own expense and responsibility, prepare communications equipment, software, and all other facilities incidental thereto necessary for the use of the Services. In addition, it shall connect to the Services via the Internet at its own expense and responsibility. Necessary expenses for transportation, communications, etc. required for all other services incidental to the Services shall also be prepared at the user's expense and responsibility.
Article 18 (Management responsibility for ID and password)
1. The user is responsible for the use and management of his/her ID and password.
2. The Society shall not be liable for any damages suffered by such user as a result of the use of the user's ID and password by a third party, regardless of whether or not such user is intentionally negligent.
3. If the user loses his/her set password, or if he/she knows that the ID and password have been stolen and used by a third party, he/she shall immediately notify the Society and follow the instructions of the Society. Any use of the Service made by such ID and password shall be deemed to have been made by such user, and such user shall bear the user's fees and all other obligations associated therewith.
Article 19 (Principle of Self-Responsibility)
1. The user shall be responsible for any and all acts performed using the Service with his/her own ID and password and the results thereof, irrespective of whether or not he/she performed such acts.
2. In the event any inquiry or complaint from a third party is notified as a result of the use of the Services, the User shall settle such inquiry or complaint at its own responsibility and expense.
3. In the event of any request, doubt, or claim regarding the conduct of a third party, the user shall notify the third party directly to that effect, and the result shall be settled at his/her own responsibility and expense.
4. In the event the User causes any damage to the Society or a third party due to the use of the Services, the User shall, at its own responsibility and expense, compensate for any and all damages caused.
5. Notwithstanding Paragraphs 1 to 4 of this Article, this shall not apply to the case where such result, claims, damages, etc. are caused by the intention or gross negligence of the Society.
Article 20 (Prohibitions)
When using the Service, the user shall not perform any of the following acts.
(1) Unauthorized use of IDs and passwords.
(2) The act of using or providing harmful programs, such as computer viruses, through or in connection with the Services.
(3) Acts that infringe or are likely to infringe the trademark rights and other intellectual property rights of the Society.
(4) Any act of using, reproducing, selling, publishing, re-providing to the public, or any other act of infringing the copyright of any third party beyond the scope of private use permitted by the Copyright Law with respect to data, information, sentences, software, works, etc. obtained through the Services.
(5) Any act that infringes upon the property or privacy of others.
(6) The act of violating the rules of national and international networks through which communications are made via other domestic and international networks.
(7) The act of utilizing the Services for commercial purposes.
(8) Any act that interferes with the operation of the Services.
(9) Any act that damages the reputation or infringes upon the property of the Society or causes disadvantage to the Society.
(10) Any act that encourages any act that falls under any of the preceding items.
(11) Any other act that violates or is likely to violate any of the provisions of the preceding paragraphs, laws and regulations, or these Regulations.
(12) Other acts deemed inappropriate by the Society.
Article 21 (Discontinuation and Revocation of Qualification)
1. In the event the user falls under any of the items in the preceding article, the Society shall be entitled to suspend or cancel the use of the Service and the qualification for use of the Service without prior notice. In this case, the user shall not refund the usage fee already paid by the user. In addition, even if the user's qualification for use of the Services is revoked, in the event that such user has any obligation under this Agreement, such user shall reimburse the Society for the entire amount of such obligation.
2. The Society shall not be liable for any damage caused by the user's failure to use the Services as a result of the measures set forth in the preceding paragraph.
Article 22 (Damages)
In the event the user causes damage to a third party, including the Society, as a result of a violation of the provisions of this Agreement and laws, the user shall be liable to compensate for such damage.
Chapter 5 Protection of Personal Information
Article 23 (Handling of Personal Information)
1. The term "personal information" as used in these Terms and Conditions shall mean the name, e-mail address, address, history of use of the Service, and other information related to the use of the users who have notified ClassNK Academy Course provider or the Society at the time of application for use of the Service, as well as the information required for the provision of the Service, such as credit card numbers, which is stipulated in Paragraph 1 of Article 2 of the Act on the Protection of Personal Information (Act No. 57 of 2003, including subsequent revisions; hereinafter referred to as the "Personal Information Protection Act").
2. The Society shall use personal information only for the purpose of (a) smooth provision, operation, or improvement of the Services, (b) control of the history of use of the Users and the Services, (c) guidance to the Users on new courses and plans, (d) surveys, examinations, analyses, analyses, or development for the purpose of improving the Services, or (e) answering maintenance and support services, opinions, requests, etc. incidental to the Services, such as personal certification, operation services, contact, performance of contracts, and requests for performance, which are necessary for the provision of the Services, and shall not use such information for any other purpose.
3. The Society shall not disclose or provide personal information to a third party without obtaining prior consent from the user, except as permitted by laws and regulations.
4. The user shall agree in advance that ClassNK Academy Course Provider entrusts a part of the operation of the system, etc. to the Society and that ClassNK Academy Course Provider will provide the user's information to the Society or to the extent required with the aim of providing this service by this meeting smoothly.
5. When requesting notification of the purpose of use of personal information, disclosure, correction, addition, deletion, suspension of use, or deletion of personal information, the user may apply to the Contact for Personal Information Disclosure. For detailed procedures, please contact "Japan Maritime Society Personal Information Disclosure Response Contact".
(1) Contact point:
Japan Maritime Society Human Resources Development Center
Address: 102-8567, Kioi-cho No. 4-7, Chiyoda-ku, Tokyo
Telephone number: 03-5226-2188 E-mail: firstname.lastname@example.org
Reception time: weekdays 10:00 to 17:00, except Saturdays, Sundays, holidays, and year-end and year-start
(2) In order to prevent the leakage of data, we will confirm the identity and collect a fee (¥800/tax excluded) in accordance with Article 33 of the Personal Information Protection Law.
6. In addition to the provisions of the preceding items, the Society shall properly handle the handling of personal information of users in accordance with the Basic Policy for the Protection of Personal Information separately stipulated.
Chapter 6 Service Terms, Service Changes, Suspensions and Suspensions
Article 24 (Terms of Service)
1. The Society shall monitor the use of the Services in connection with the operation of the Services and may, if deemed necessary, restrict access to the Services at its discretion.
2. The Society may, at its discretion, delete any postings, etc. deemed inappropriate by the Society on the bulletin board, etc. of the Services.
Article 25 (Change or abolition of service)
1. The contents and names of the Services may be changed or abolished by the Society without prior notice to the user.
2. In the event of any change as set forth in the preceding paragraph, such change shall become effective as of the time when it is displayed on the Service on-line.
Article 26 (Temporary System Interruption)
1. The Society may temporarily suspend the Services without prior notice to the user in the event of any of the following:
(1) When there is a problem on the Internet and the Internet becomes unavailable.
(2) When a problem occurs in a communication facility owned by an internet connection system operator, etc., for which the Society has entrusted the internet connection in this service, and the Internet becomes unavailable.
(3) Periodic or emergency maintenance of the Service Facility.
(4) When the service cannot be provided due to fire, power failure, etc.
(5) When this service cannot be provided due to natural disasters such as earthquakes, eruptions, floods, or tsunamis.
(6) The provision of this service has become unavailable due to war, turbulence, riot, disturbance, labour disputes, etc.
(7) In the event the Society determines that temporary suspension of the Services is necessary for operational or technical reasons.
2. The Society shall not be liable for any damage suffered by the user or a third party arising from the delay or interruption of the provision of the Services due to any of the items in the preceding paragraph or for any other reason.
Article 27 (Discontinuation of Provision of Services)
The user agrees in advance that the provision of the Services, in whole or in part, may be suspended after giving advance notice by the Society. Provided, however, that the provision of the Services, in whole or in part, shall be suspended without prior notice in the event of an emergency.
Article 28 (Damages)
In the event the Society fails to perform its obligations under this Agreement due to a cause attributable to the Society, the Society shall be liable for damages actually incurred by the User as a result of such default up to the amount equivalent to the service usage fee that directly caused such damages provided, however, that the Society shall not be liable for damages arising from causes not attributable to the Society, damages arising from special circumstances, whether or not the meeting has forecasts, or lost profits.
Article 29 (Indemnification)
1. The content provided in this service means what the Society can provide at that time.
2. The Society shall not be liable for any damages to the user (including damages arising from troubles with a third party) or damage to a third party caused by the use of the Services or information provided by the Services.
3. The Society shall not be liable for any damage incurred by the user or a third party due to the unavailability of the Services due to the occurrence of restrictions on access to the Services, suspension or suspension of the Services, etc.
4. The Society does not guarantee the validity or accuracy of the content of the website and does not take any responsibility.
Article 30 (Attribution of Rights)
The copyright (including the rights stipulated in Articles 27 and 28 of the Copyright Law) and all other rights related to the Services shall belong to the Society except those licensed to the Society.
Article 31 (Consultation)
In the event of any dispute between the User and the Society in connection with the Services, the parties shall negotiate in good faith with each other.
Article 32 (Exclusive Agreed Jurisdiction Court)
The Tokyo District Court shall be the exclusive jurisdictional court of the first instance between the user and the Society in the event of the necessity of litigation between the user and the Society.
Article 33 (Governing Law)
This Agreement shall be governed by the laws of Japan.
This convention will come into effect on January 14, 2020.