These terms of service (hereinafter called the “TOS”) set forth the terms and conditions for the provision of the service, “How to pass License exchange driving exam” (hereinafter called the “Service,”) and the rights and obligations of KIKI Driving School (hereinafter called “Company”) and you, a registered user of the Service (hereinafter called the “Registered User”). The Registered User shall be required to agree to these TOS before using the Service. So, please carefully read every and all the provisions of this Agreement.
Article 1 Application
The TOS aims to set forth the rights and obligations of Company and the Registered User under or concerning the provision of the Service and the use of the Service, and shall apply to any and all matters and relations between Registered User and Company concerning the use of the Services.
Any and all rules and/or codes displayed on Company’s web-site(s) posted by Company concerning the Service shall be deemed to be part of the TOS.
1. In case of any difference between the terms or conditions in the TOS and any of the aforementioned rules and/or any description of the Service described in any documents other than the TOS, the terms and conditions in the TOS shall prevail.
Article 2 Registration
A person who desires to use the Service (hereinafter called the “Possible Applicant) may apply for registration of using the Service to Company, upon agreeing to comply with the terms and conditions in the TOS, by providing to Company a certain information relating to such registration (hereinafter called the “Registration Information”) pursuant to the methods designated by Company.
Company may, at Company’s sole discretion and based on Company’s given criteria, judge and determine whether the Possible Applicant who has made an application for registration pursuant to the Paragraph 1 (hereinafter called the “Registration Applicant”) can be registered or not. Company shall notify the Registration Applicant if Company admits such registration. The Registration Applicant’s registration as a Registered User shall be deemed to be immediately completed at the time of Company’s submission of the notice to the Registration Applicant under this Paragraph.
The contract for using the Service shall be deemed to be formed and established between the Registered User and Company at the completion of the registration set forth in the preceding Paragraph, and, then, the Registered User may use the Service pursuant to and in compliance with the terms and conditions in the TOS.
1. In any of the following cases, Company may reject any application for registration and/or re-registration from a Registration Applicant. In such a case, Company shall in no manner be obliged to explain or disclose the reason for such rejection;
Any false entry, error and/or omission of or concerning the whole or part of the Registration Information provided by the Registration Applicant to Company;
The Registration Applicant is an adult ward, or, in case the Registration Applicant is a minor, a person under curatorship or a person under assistance, such Registration Applicant has not obtained the express consent of his/her legal representative, curator or assistant;
Company judges that the Registration Applicant was, or is, falling under any category of Anti-Social Forces (the term “Anti-Social Forces” means a crime syndicate, a member of any crime syndicate, a person for whom 5 years have not yet elapsed from the date the person ceased to be a member of any crime syndicate, an associated member of any crime syndicate, an affiliated company of any crime syndicate, a member of any racketeer group, a group engaging in criminal activities under the pretext of conducting social campaign or political activities, or a crime group specialized in intellectual crimes or other similar member or a group: The same shall apply hereinafter), or that the Registration Applicant had, or has, any relationship with any Anti-Social Forces, such as cooperation with, or involvement in, the maintaining, operating and/or running any Anti-Social-Forces;
Company judges that the Registration Applicant is a person or entity who has broken any contract with Company in the past, or has been involved in such break;
The Registration Applicant has been subject to any measure set forth in the Article 11 hereof; or
Company judges that it would be inappropriate to register such Registration Applicant for any reason other than the aforementioned reasons.
Article 3 Password and User ID Control
The Registered User shall be responsible to appropriately control, keep and retain the password and user ID concerning the Service. The Registered User shall not permit any third party or person to use, nor shall lease, assign, change the name of, or sell any of such passwords and/or user IDs
The Registered User shall have the sole and exclusive responsibility for any and all damages resulting from or in relation to any inappropriate control or misuse, or any third party’s use of such Registered User’s password and/or user ID; In no case shall Company be responsible for any such damages.
Article 4 Fee and Payment Method
The Registered User shall pay to Company the fees for the Service (hereinafter called the “Fees”), which amount shall be otherwise determined by Company and displayed on Company’s website, by the payment method as otherwise designated by Company.
If the Registered User delays the payment of the Fees by the due date, the Registered User shall pay to Company the amount due together with interest from the due date until paid at a rate of sixteen percent (16%) per annum.
Article 5 Ownership
Any and all patents, copyrights, trademarks, know-how and any other intellectual property rights (hereinafter called “Intellectual Property Rights”) are, and shall be, owned solely by Ueno Keita, the Representative of Company. The grant of the right to use the Service hereunder to the Registered User shall in no manner be construed as a grant of license to use any Intellectual Property Rights concerning the Service.
Article 6 Use Period of the Service
The Registered User may use the Service by using the user ID granted at the registration for the period of three (3) years from the registration date of the Service. If aforementioned use period expires, Company may and shall suspend the provision of the Service to such user ID. If the Registered User desires to use the Service after the aforementioned use period, the Registered User shall be required to make a registration for the Service and to pay the Fees for such extended use period pursuant to the provisions in Article 2 and Article 4.
Article 7 Measures Associated with Examination Contents Revisions
The contents of the Examination, and qualifying criteria and scoring standards for the Examination (hereinafter called the “Examination Contents” in this Article) may be revised and changed from time to time. Company shall use commercially reasonable effort to change and renew the contents of the Service in accordance with the revisions and/or changes of the Examination Contents; provided, however, such change or renewal of the contents of the Service may require a lot of time and delay because of the burden of editing works, etc.
Article 8 Rules on Using the Service
In driving a car or doing practices thereof by using the Service, the Registered User and his/her fellow passengers shall comply with the provisions of the Road Traffic Act and other relevant laws and regulations, and pay attention to other traffics. Company shall in no manner be responsible for any loss or damage caused by any accident during the driving or practicing by the Registered User and/or any fellow passenger, or caused by any violation of the Road Traffic Act and/or any other laws and regulations, or caused by any other matter, for any reason whatsoever.
Article 9 Prohibition
When using the Service, the Registered User shall not conduct any of the following acts or any act which Company deems to be any of the following acts at Company’s discretion;
Violation of any law or regulation, or any act relating to any criminal act;
(a) Fraudulent or intimidation act to Company, other user of the Service and/or any other third party or person;
Offensive act to public order and morals;
Reproduction, copy, assign, and/or transfer, and/or distribution through or over the Internet, of the contents of the Service without prior written consent of Company, or any other act which infringes or is likely to infringe any Intellectual Property Rights of the Company (or Ueno Keita);
Any act which infringes or is likely to infringe any portrait right, privacy right, honor or reputation and/or any other right or interest owned by Company (or Ueno Keita) or any third party or person;
Any unauthorized access or attempted access to the network and/or system concerning the Service;
Any act which obstructs or is likely to obstruct the operation and/or provision of the Services;
To impersonate any third party or person;
To use any user ID and/or password of the Service given to any other user, or to make or allow any third party or person to use the user ID and/or password of such Registered User;
Any act which inflicts or cause, or is likely to inflict or cause, any disadvantage, damage and/or feeling of discomfort, to or on Company, any other user of the Service and/or any other third party or person;
To provide any favor or convenience to any Anti-Social Forces;
Any act which causes or facilitates any of the aforementioned acts, whether directly or indirectly; or
Any other act which Company deems improper or inappropriate.
Article 10 Suspension of the Service
In any of the following cases, Company may cease or temporarily suspend to provide the whole or any part of the Services without prior notice to the Registered User;
In case there needs to conduct an emergency inspection and/or maintenance of any computer system concerning the Services;
In case of suspension of any computer and/or communication lines, etc. due to an accident;
In case of any inability to provide the Services due to any force majeure event, such as earthquake, lightning, fire, storm and flood, Act of God or natural disaster;
In case of expiration of the use period of the Service described in the Article 6; or
In case Company considers it necessary to cease or temporally suspend to provide the Service for any other reason.
Company shall in no manner be held liable to the Registered User for any loss or damage incurred by the Registered User due to any suspension, cessation and/or other measures taken by Company pursuant to this Article.
Article 11 Deregistration
In any of the following cases, Company may temporally suspend the Registered User’s use of the Service, or cancel the registration as a Registered User and/or terminate the contract for using the Service;
The Registered User breaks or violate any of the provisions provided herein;
There proves to be any false fact in the Registration Information provided by the Registered User;
The Registered User fails to respond to Company within thirty (30) days from the receipt of Company’s notice requesting such Registered user to answer or respond to Company’s any inquiry, etc.;
The Registered User falls under any of the sub-sections in Article 4-2; or
In case Company considers it inappropriate or improper to grant the Registered User to use the Service, to keep its registration as a Registered User, and/or to continue the contract for using the Service with the Registered User for any other reason.
In any of the aforementioned cases, any and all unpaid sums payable by the Registered User to Company shall be immediately and automatically due and payable, and the Registered User shall immediately pay the entire sums to Company.
Any termination of the contract for the using the Service pursuant to the Paragraph 1 of this Article shall not preclude Company to seek compensation for losses and damages to the Registered User.
Company shall in no manner be responsible for any loss or damage incurred by the Registration User due to any action or measure conducted or taken by Company pursuant to this Article.
Article 12 Liquidated Damages
In case the Registered User violates the provision in the Article 9-(d), Company may immediately seek an injunction against such violation, and, in such a case, the Registered User shall pay, as liquidated damages, the amount equal to five million Japanese Yen each (JP\ 5,000,000-) to Company.
Article 13 Change of the Contents and Termination of the Service
Company may at any time change the contents of the Service or terminate the provision of the Service, at its convenience.
Company shall in no manner be responsible for any loss or damage incurred by the Registration User due to any action or measure conducted or taken by Company pursuant to this Article.
Article 14 Disclaimer
Company shall in no manner represent or warrant that the Registered User will pass the Foreign Driver’s License Conversion Examination by using the Service without fail.
Company shall in no manner represent or warrant that the Service can be used on such devices as used by the Registration User.
Company shall in no manner be responsible for any loss or damage incurred by the Registration User due to any suspension, cessation, termination, unavailability or change of the Service, breakdown of any device by using the Service, and/or any other cause relating to the Service.
Article 15 Handling of Registered Information
Any Registered Information of the Registered User shall be handled and managed by Company in accordance with the provisions otherwise set forth in Company’s Privacy Policy. The Registered User shall be required to agree that Company may handle such Registered User’s Registered Information pursuant to such Privacy Policy.
Company may at Company’s convenience use any and all information, data, etc., provided by the Registered User to Company, only as statistical data by which any person cannot be identified, and the Registered User shall not make any objection thereto.
Article 16 Modification of TOS
Company may at any time modify, change and/or amend any provisions set forth in the TOS. Any modification to the TOS shall be notified to the Registered User by posting such modification, change or amendment on Company’s relevant web-site. Such modification, change and amendment of the TOS shall be deemed accepted by the Registered User, if the Registered User uses the Service after its receipt of such notification, or the Registered User fails to make any objection against such modification, change or amendment to Company within the time period designated by Company.
Article 17 Notice; Communication
Any and all inquiries as to the Service, and any other communication and notices from the Registered User to Company, and modification, change and/or amendment notices or any other notice and communication from Company to the Registered User shall be made pursuant to the methods as prescribed by Company
Article 18 Assignment of Contract Status for Using Service
The Registered User shall not assign, sell, transfer, pledge, encumber or otherwise dispose of the contractual status under the contract for using the Service, or any of its rights and/or obligations under the TOS, to or for the benefit of any third party or person without the prior written consent of Company.
If Company transfers its business covering the Service to a third party (hereinafter called the “Transferee”), Company may assign to such Transferee the contractual status under the contract for using the Service and/or its rights and obligations under the TOS, and the Registered Information and other customer information of the Registered User, in accordance with and accompanying by such business transfer. The Registered User shall hereby be deemed to agree such assignment in advance.
Article 19 Governing Law/Jurisdiction
This TOS and the contract for using the Service shall be governed by, and construed in accordance with, the laws of Japan, without reference to principles of conflicts of laws.
Any dispute arising out of, or in relation to, or in connection with, this TOS and/or the contract for using the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court in Japan for the first instance.