Terms & Conditions

1. The ClassNK Academy Website Terms of Use (the “Terms of Use”) are applicable to those who apply to use the ClassNK Academy provided by Nippon Kaiji Kyokai (“ClassNK”) on the internet and are approved for use by ClassNK (the “User”, details are defined in Article 4) when they use the services on the website (the “Services”). The User shall be deemed to have accepted the Terms of Use by expressing his/her agreement to the Terms of Use in the manner specified by ClassNK when the Services are used.
2. The User agrees in advance that the Services are operated by ClassNK and third parties entrusted by ClassNK (“Entrusted Parties”) and that ClassNK may have such Entrusted Parties act as its agent or representative in the exercise of ClassNK's acts, rights and obligations.


Article 2 (Notification to Users)
1. ClassNK shall notify or publish necessary matters relating to the Terms of Use to the User on the Internet or by any other method deemed appropriate by ClassNK. The User Guide and FAQs published on ClassNK's website are included in such necessary matters.
2. The user agrees in advance that the notification in the preceding paragraph will become part of the Terms of Use.


Article 3 (Changes to the Terms of Use)
1. ClassNK may change the Terms of Use without the prior consent of the User. In this case, the terms and conditions for use of the Services will be those after the change.
2. The amended Terms of Use shall be notified to the User in accordance with the preceding paragraph, and the User shall be deemed to have agreed to the amended Terms of Use as of the date of notification.

Article 4 (User)
In this Terms of Use, User is a person who falls into one of the following categories:
(1) A person who has applied to ClassNK for use of the Services in accordance with the procedures prescribed by ClassNK and who has been approved by ClassNK; or
(2) A person who has been approved for use of the Services in a manner separately prescribed by ClassNK.


Article 5 (Approval and Disapproval for Use)
1. ClassNK shall accept applications for use of the Services in accordance with ClassNK's prescribed procedures and approve the use of the Services after the necessary screening and procedures have been completed.
2. ClassNK may not approve the applicant's use of the Services if any of the following apply:
(1) If the applicant has violated the Terms of Use in the past;
(2) If there is any false statement, misdescription or omission in the declaration at the time of application for use; or
(3) In any other case where ClassNK considers the applicant to be unsuitable as a user.
3. Any usage fees arising from the use of the Services by the relevant applicant until ClassNK decides not to approve the use in accordance with the preceding paragraph shall be borne by the relevant applicant, and the relevant applicant shall fulfil said obligations.


Article 6 (Formation of Contract)
The contract for the use of the Services between ClassNK and the User shall be deemed to have been validly concluded at the time when the member registration is completed and ClassNK notifies the User of the licence to use the Services by e-mail or by any other method deemed appropriate by ClassNK.


Article 7 (Prohibition of Transfer)
The User shall not transfer, sell, trade, change the name of, pledge or otherwise offer as security the right to use the Services to a third party.


Article 8 (Notification of Changes)
1. The User shall promptly notify ClassNK of any change in the contents of the registration to ClassNK in the manner prescribed by ClassNK.
2. ClassNK shall not be liable for any disadvantage incurred by the User as a result of the Users failure to notify ClassNK in accordance with the preceding paragraph.

Article 9 (Services to be provided)
ClassNK shall provide the Services and associated services to the User via the internet or other means.


Article 10 (Service Fees)
1. In using the Services, the User shall pay the fees for the Services by the date separately specified by ClassNK, which shall be paid by a payment method approved by ClassNK.
2. ClassNK shall not refund the fees paid by the User for any reason other than those provided by ClassNK.


Article 11 (Licence to Use the Services)
1. After the necessary screening and procedures have been completed, ClassNK shall grant a licence to the User to use the Services.
2. ClassNK shall notify the User of the completion of membership registration and the granting of use of the Services by e-mail or by any other method deemed appropriate by ClassNK.


Article 12 (Suspension of Service Use (Cancellation))
The User may at any time discontinue (cancel) the Services or the enrolment in individual services by the method of notification prescribed by ClassNK. However, the provision of Article 10.2 shall apply, except for cancellations in the case of E-Learning courses where the contents have not been viewed, and in the case of group training courses where the cancellation is made within 7 days of the date of application.


Article 13 (Scope of Use)
1. The User shall not disclose, distribute or provide any information or software on the internet server comprising the Services to third parties.
2. The User shall not grant licences, set up sublicences, distribute, sell, transfer or lend the Services to third parties.
3. The User shall not allow any third party to act in breach of the preceding paragraphs.


Article 14 (Suspension of Use, Revocation of Membership)
1. ClassNK may take measures such as suspension of use or revocation of membership with a notice to the User in question, even after approval of the application for use, if a User approved by ClassNK falls into any of the following cases or violates any of the provisions of this Terms of Use:
(1) If the payment due date for the individual course fees, etc. after completion of the course application has passed and the User has not paid within a reasonable period of time despite having been notified of the due date;
(2) If it is found that any item of Article 5.2 applies to the User, after the licence to use the Services or the application for individual courses has been completed;
(3) If it is found, based on a notification from a third party, that the User's conduct falls under any of the prohibited matters;
(4) If the use of the credit card held by the User concerned, issued by a credit card company approved by ClassNK, has been suspended; or
(5) If it becomes difficult for the User to fulfil his/her obligations due to reasons such as the dishonour of a bill or the filing of a petition for the commencement of bankruptcy proceedings.
2. If any of the items in the preceding paragraph applies, the User shall naturally lose the benefit of time and shall immediately pay the fees for the Services, etc. to ClassNK. ClassNK shall not be liable in any way for any damage caused by the User's inability to use the Services as a result of the measures taken in the preceding paragraph.

Article 15 (Equipment, etc.)
The User shall prepare, at his/her own expense and responsibility, all telecommunications equipment, software and any other equipment required in connection with the use of the Services. The User shall also connect to the Services via the internet at his/her own cost and responsibility. The user shall also prepare at his/her own cost and responsibility for the necessary expenses for transportation, communications, etc. required for all other services incidental to the Services.


Article 16 (Responsibility for Management of Email address and Password)
1. The User shall be responsible for the use and management of his/her own email address and password used for membership registration.
2. ClassNK shall not be liable for any damage incurred by the User as a result of a third party using the User's e-mail address and password, irrespective of whether the User is deliberate or negligent.
3. The User shall immediately inform ClassNK and follow ClassNK's instructions if he/she loses the password he/she has set up, or if he/she finds out that the User's e-mail address and password have been stolen and are being used by a third party. Any use of the Services made by the User's e-mail address and password shall be deemed to have been made by the said User, and the said User shall be liable for the usage fees and all other liabilities arising therefrom.


Article 17 (Principle of Self-Responsibility)
1. The User shall be responsible for all acts and consequences of using the Services with the User's e-mail address and password, regardless of whether he/she has committed such acts.
2. The User shall handle and resolve any enquiries, claims, etc. from third parties in connection with the use of the Services at his/her own responsibility and expense.
3. The User shall notify the third party directly of any requests, questions or claims in relation to the actions of the third party, and shall handle and resolve the results at his/her own responsibility and expense.
4. If the User causes damage to ClassNK or a third party as a result of using the Services, the User shall compensate for all damage caused at his/her own responsibility and expense.
5. Notwithstanding paragraphs 1 to 4 of this Article, this shall not apply if such results, claims, damages, etc. are caused by ClassNK's intent or gross negligence.


Article 18 (Prohibited Matters)
In using the Services, the User shall not perform any of the following acts:
(1) Unauthorised use of the User's e-mail address and password used for membership registration;
(2) Use or provision of computer viruses or other harmful programmes through or in connection with the Services;
(3) Acts that infringe or may infringe the trademarks or other intellectual property rights of ClassNK;
(4) Acts of using, reproducing, selling, publishing or re-providing to the public any data, information, text, software or works obtained through the Services beyond the scope of private use permitted under the Copyright Act, or any other acts that infringe the copyrights of third parties;
(5) Acts that infringe the property or privacy of others;
(6) In the case of communicating via other domestic or foreign networks, acts that contravene the rules of the domestic or foreign network via which the communication is made;
(7) Acts that use the Services for commercial purposes;
(8) Acts that obstruct the operation of the Services;
(9) Acts that damage ClassNK's reputation or infringe its property, or that cause disadvantage to ClassNK;
(10) Actions that encourage any of the above-mentioned acts;
(11) Acts that violate or may violate laws, regulations or the Terms of Use, in addition to the above items; or
(12) Any other acts deemed inappropriate by ClassNK.


Article 19 (Suspension and Revocation of Eligibility for Use)
1. In the event that a User falls under any of the items in the preceding Article, ClassNK may immediately suspend or revoke the User's use of the Services and eligibility for use of the Services in the future without prior notice. In this case, the fees already paid by the User in question will not be refunded. In addition, even if the User's entitlement to use the Services is cancelled, if the said User still has obligations under the Terms of Use, the said User shall perform the said obligations in full.
2. ClassNK shall not be liable in any way for any damage incurred as a result of the User's inability to use the Services due to the measures taken in the preceding paragraph.


Article 20 (Compensation for Damages)
The User shall be liable for compensation for any damage caused to ClassNK or third parties as a result of the User's breach of the Terms of Use or the provisions of the law.

Article 21 (Handling of Personal Data)
ClassNK shall handle personal data appropriately in accordance with the law and the separately defined “Privacy Policy”.

Article 22 (Conditions of Services)
1. ClassNK shall monitor the use of the Services in the operation of the Services and may restrict access to the Services at its own discretion if it deems it necessary.
2. ClassNK may, at its own discretion, delete any posts on the Service's noticeboards, etc. that ClassNK deems inappropriate.


Article 23 (Change or Abolition of Service Contents)
1. ClassNK may change or abolish the contents or name of the Services without prior notice to the User.
2. In the event of a change as described in the preceding paragraph, the change shall take effect from the time it is displayed online on the Services.


Article 24 (Temporary Suspension of System)
1. ClassNK may temporarily suspend the Services without prior notice to the User in the event of any of the following events:
(1) If there is a malfunction on the internet and the internet is no longer available;
(2) If there is a malfunction in the telecommunications equipment, etc. owned by the internet connection system operator to which ClassNK has outsourced the internet connection for the Services, and the internet is no longer available;
(3) In the event of periodic or emergency maintenance of the equipment, etc. for the Services;
(4) If the provision of the Services becomes impossible due to fire, power failure, etc.;
(5) If the provision of the Services becomes impossible due to natural disasters such as earthquakes, eruptions, floods, tsunamis, etc.;
(6) If the provision of the Services becomes impossible due to war, upheaval, riot, disturbance, labour disputes, etc.; or
(7) In any other case where ClassNK deems it necessary to temporarily suspend the Services for operational or technical reasons.
2. ClassNK shall not be liable for any damage suffered by the User or a third party as a result of delays or interruptions in the provision of the Services due to any of the items in the preceding paragraph or for any other reason.


Article 25 (Cessation of Service Provision)
The User agrees in advance that ClassNK may cease provision of all or part of the Services with prior notice. However, in the event of an emergency or unavoidable circumstances, the provision of all or part of the Services shall be ceased without prior notice.


Article 26 (Compensation for Damages)
If ClassNK fails to fulfil its obligations under the Terms of Use for reasons attributable to ClassNK, ClassNK shall be liable for damages actually incurred by the User as a result of such failure, up to an amount equivalent to the fees of the service directly attributable to such damages. However, ClassNK shall not be liable for damages arising from reasons not attributable to ClassNK, damages arising from special circumstances with or without ClassNK's foresight, and lost profit.


Article 27 (Disclaimer)
1. The content of the Services shall be what ClassNK is able to provide at the time.
2. ClassNK shall not be liable for any damage to the User (including damage caused by trouble with a third party) or damage to a third party arising from the use of the Services or information provided by the Services.
3. ClassNK shall not be liable for any damage incurred by the User or a third party as a result of the User or a third party being unable to use the Services due to access restrictions to the Services or the discontinuation or interruption of the Services.
4. ClassNK does not guarantee the validity or accuracy of the content on the website and accepts no liability whatsoever.

Article 28 (Attribution of Rights)
Copyright (including the rights under Articles 27 and 28 of the Copyright Act of Japan) and all other rights relating to the Services shall belong to ClassNK, except those licensed to ClassNK.


Article 29 (Consultation)
If any dispute arises between the User and ClassNK in relation to the Services, both parties shall consult with each other in good faith.


Article 30 (Agreed Exclusive Jurisdictional Court)
In the event that litigation is necessary between the User and ClassNK, the Tokyo District Court shall be the court of exclusive jurisdiction of the first instance between the User and ClassNK.


Article 31 (Governing Law)
This Terms of Use shall be governed by the laws of Japan.

Supplementary Provisions:
This Terms of Use shall come into effect from 12 November 2024.
* It is necessary to confirm and agree to this Terms of Use to take part in the course.