Terms And Conditions
Start Your Dream Now
-Start Your Dream Now | CEO Jeongin Park
-Business registration number: 205-14-51829
-Customer Inquiry: firstname.lastname@example.org
This application may include a purchase for some content inside the app. These terms are notified when you sign up for the app and get your consent, and you can check them again on the company website (www.startenglishnow.net).
Terms of Service
Article 1 [Purpose)
These Terms and Conditions are intended to define the rights, obligations and responsibilities and other necessary matters between the Company and Members in connection with the use of the Learning Application provided by the Start English Now App.
Article 2 (Term Definition)
① The definitions used in this agreement are as follows.
1. “Member” means the person who has downloaded the app to the terminal, agrees to these terms and has been entitled to use the mobile service. Unless you have a specific reason, the name of the device such as a smartphone or tablet PC where the app is installed is considered a member.
2. “Service” means all learning services and SNS services provided by the Company through this app.
3. “Paid service” means a service that is charged for the use of the service among the services provided by the company to its members.
4. “Terminal” means a mobile device that can be installed and run this company app, such as smartphone or tablet PC.
5. “ID” means a combination of letters, numbers or special characters selected by the member and given by the company for identification of the member and use of the mobile service. Alternatively, you can use information such as ID, email address, etc. for your identity provided by platform providers such as Facebook.
6. “Account Information” refers to the general information and service usage information provided by the Member to the Company, such as the member’s ID, password, name, etc. However, if the member selects the ID or e-mail address provided by the platform operator in Clause 1 as the account, the unique identification number (consisting of special numbers or letters) provided by the platform operator is included in the account information. (E.g. TID, UID, App Center ID, etc.)
7. “Open Market” refers to a space for brokering transactions between a company and a member so that a member can download the app for a fee or for free. (E.g. Apple App Store, Google Play App Store, Naver App Store, Tea Store, etc.)
8. “In-App Payment” refers to a payment activity for purchasing learning content (text, pictures, voice, video, etc.), features, and fixed-term services within the App.
9. “In-App Content” refers to the learning content (text, picture, voice, video, etc.), features, etc. that can be purchased by members through the app.
10. “Term Service” means a service provided by a member for a fixed period of time to pay for the term service and to use the service only during that period.
11. “Periodic payment service” refers to a service that charges regular service monthly or yearly through the open market.
② Definitions of terms used in this Agreement shall be governed by relevant laws and other common practices except as provided in subparagraphs of paragraph (1).
Article 3 (Effectiveness, Application and Change of Terms)
① These Terms and Conditions shall take effect by posting online on the company’s homepage (www.startenglshnow.net). In addition, if you download the company’s apps and use the content and services, you agree to these terms. If you agree to the Terms, they will be governed by the Terms, and if there is any change in the Terms, the changed Terms will be applied from the point of effect.
② To agree to these terms and conditions means to visit the website regularly and confirm the changes in the terms and conditions.
③ The company may change this agreement if it is deemed necessary. When the terms and conditions change, the company sets the contents and the application date of the changed terms and conditions and announces them online on the website 7 days before the effective date. However, in case of changing the contents of the Terms against the Member, the notice will be posted online on the website 30 days prior to the date of application or confirmed when accessing the mobile service. Changes to the Terms will take effect on the date of disclosure or notice.
④ The member has the right to refuse the changed agreement. Members who disagree with the change of these terms can stop using the service and terminate the use contract (withdrawal). If the member continues to use the service after the effective date of the changed terms and conditions, the member agrees to the changed terms.
Article 4 (Start of Service)
① The company will start the service when the member accepts the application. However, for some services, the service may be started from the specified date as required by the company.
② If the service cannot be started due to the company’s business or technical obstacles, it will be announced on the homepage or notified to the member.
Article 5 (Service Provision)
① The company provides the following services to its members.
1. Foreign language learning service and related additional service through foreign audio and video contents
② The Company, in principle, provides service 24 hours a day, 7 days a week, unless there is a particular problem in business or technology. However, if it is necessary to operate the system regularly, add or replace the server, add new contents, patch various bugs, or replace the new service, the service may be suspended for a certain time or period. If required for content and operation, we may provide services only during certain times per day. In such cases, the company will notify the contents and time in advance on the homepage or homepage related to individual services. However, if there is an unavoidable reason that the company cannot notify in advance, it can be notified after the fact.
③ The company can provide a fee for certain services.
④ In providing the service, the company may require the member to conclude the separate service-specific terms in addition to these terms. Services that require separate terms and conditions can be used by the member after agreeing to the terms of the app and applying for the use and approval by the company for such contents.
⑤ In providing the service to the member, the company may restrict the use of some services according to the related laws, the age of the member, and the procedure of using the service. In this case, the company will inform you in advance.
Article 6 (Protection and Use of Personal Information)
② The company may notify the member of the reason (use) if necessary for identity verification, and may request the member’s ID card or a certificate replacing it. The Company shall not use it for any purpose other than the purpose for which it was previously announced, and will destroy it in a way that cannot be immediately regenerated when the purpose is achieved.
③ The Company shall not be responsible for any information including the account information of the member exposed due to reasons attributable to the member.
Article 7 (Management and Change of Personal Information)
Members must manage their personal information sincerely in order to use this service, and if there is a change in personal information, they must change it. Member is responsible for any damage caused by delay or omission of member’s personal information change.
Article 8 (provision of information and advertisement)
① The Company may post advertisements in order to maintain this Service, etc., and the Member shall agree to the advertisement posted when using the Service.
② The Company shall not be liable for any loss or damage caused by the user’s participation in, or communication with, or trading in the advertisement of Paragraph 1 provided by the Company.
③ The Company may request additional information about individual members for the purpose of improving the service and introducing services to members, and the member may approve or provide additional information for such request.
④ The Company shall use SMS (LMS), smart phone notification (Push notification), e-mail when providing the advertisement of paragraph 1 and the information of paragraph 3 using personal information collected from the member with the prior consent of the member. You can opt out at any time if you do not want to.
Article 9 (In-App Payment)
① The company’s app includes the app’s internal payment function for app internal content purchase.
② The member shall prevent the third party’s internal payment by using the password setting function of the terminal and the password setting function provided by the open market, and the Company shall make recommendations for the ‘Open Market Mobile Content Payment Guidelines’ by the Korea Communications Commission. According to ‘apply the module, library, etc. for internal payment in the app applied to the authentication process provided by the open market to the app.
③ The Company shall not be held responsible for any third party’s internal payment caused by the member’s failure to use the password setting function of the terminal and the open market.
④ Members are responsible for paying in-app payments in good faith.
⑤ YouTube is a free service that you can watch for free using this app and YouTube at any time. In-app billing is for the use of this app feature and content and is not billed for YouTube viewing.
Article 10 (Use of Content)
① Members can use the purchased contents as many as the number of lessons purchased within the period when the service is normally provided, except for special contents with a limited period of time. However, if you purchase content and items using the network service in the application, additional charges may occur.
② The contents purchased by the member can be used only on the installed terminal. However, if the terminal can be used by changing the account according to the characteristics of the open market, it is subject to the policy of the open market. In case of device change, number change, overseas roaming, etc., all or part of contents cannot be used, and the company does not bear any responsibility in this case.
Article 11 (Changes and Termination of Services)
① The company can change the service provided according to operational or technical needs. The contents of the service to be changed and the date of the offer will be posted on the homepage to be notified. However, if there is an unavoidable situation such as a fatal bug that cannot be notified by the company in advance, a server device defect, or an urgent security problem resolution, it can be notified after the fact.
② If the company needs to discontinue all services due to the planning or operation of the service or the urgent situation of the company, the company may notify the website 30 days before and discontinue the service. Members cannot claim compensation for paid services that have not expired at the end of the service. For paid content and services marked with a “ perpetual ” warranty period or without a warranty period, the term of the service will be counted as the term of use for the service until the end of the notice.
③ The Company may limit or suspend all or part of the Service if any of the followings are true.
1.In case of force majeure reasons such as war, accident, natural disaster or national emergency
2. If there is a problem in normal service due to power outage, failure of facilities or congestion
3. Inevitable due to construction of service equipment, etc.
4. If service is not available due to the company’s circumstances
④ In the case of suspension of service under Paragraph 2, the notice will be posted on the homepage operated by the company. However, this is not the case if advance notice is not possible due to the suspension of services due to reasons beyond our control.
⑤ The Company shall not be responsible for any problems arising from the change or suspension of service.
Article 12 (Collection of Information)
① The Company may collect and utilize member mobile terminal settings and specification information to improve mobile service quality such as mobile service operation and program stabilization.
Article 13 (Obligations of the Company)
① The Company shall comply with relevant laws and regulations and faithfully faithfully exercise the rights and performances of its obligations under these Terms and Conditions.
③ When the company is in the process of improving service to provide continuous and stable service, and the equipment is damaged or data is lost, there is no unavoidable reason such as natural disaster, emergency, defect and failure that cannot be solved by current technology. Every effort is made to repair or repair it without delay.
④ The Company shall promptly deal with the opinions or complaints raised by its members if it is considered legitimate. However, if it is difficult to process immediately, the member may notify the reason and processing schedule by telephone or e-mail collected with the prior consent.
Article 14 (Obligations of Members)
① Members should not do the following acts.
1. When providing personal information to the company due to winning the event, use non-real name information or other people’s information or false information
2. Theft and fraudulent use of another member’s ID and password
3. Reproduction, distribution, promotion or commercial use of the Company’s services or information obtained using the Services without the Company’s prior consent.
4. Use the company’s services to generate property benefits for yourself or others
5. Defame or damage others
6. Payment of service fee by using the payment method without the consent or consent of the holder
7. Infringes the company’s intellectual property rights, intellectual property rights of third parties, portrait rights, etc.
8. Collecting, storing, disseminating and posting other members’ personal information without the company’s approval
9. Register or disseminate virus-infected data that exploits bugs in the program or causes disruption or disruption of facilities or malfunctions related to the service.
10. Transmit advertising information against information that could intentionally interfere with the operation of the company’s services or interfere with the stable operation of the service and against the recipient’s intention to unsubscribe.
11. Falsely pretending to be impersonated and related to others
12. Exchange, post pornographic information, link (link) pornographic sites, or display unauthorized ads and promotional materials.
13. Induces or participates in meandering activities, such as betting on money.
14. Send, reach, or disseminate words, sounds, texts, images or images that cause shame, disgust or fear
15. change the information posted on the Service;
16. Prohibit information (mobile programs) or software viruses, other malicious code, files, or programs designed to interfere with or destroy the normal operation of mobile software, hardware, or telecommunications equipment that is prohibited from transmission or posting by applicable law. Transmit, post, disseminate, or use any material it contains;
17. Post or send mail by impersonating or impersonating an employee or operator of the Company or by using another person’s name.
18. Other violations of public order and morals, or illegal, unfair acts, or violation of related laws
② Members are obliged to check and abide by the provisions of this agreement, notices related to the usage guide and mobile services, and notices from the company.
③ The Company may determine the specific types of acts falling under any of the following Paragraphs 1, 2, and each of the following subparagraphs in the operation policy, and its members are obliged to comply with them.
1. Restrictions on how to use the service
2. Matters deemed necessary by the Company in the operation of mobile services to the extent that it does not infringe the essential rights of other members to use the mobile service.
Article 15 (Restrictions on Use and Restriction of Copyright)
① Copyright and other intellectual property rights of the contents produced by the company in the service are owned by the company.
② The copyright of the post posted by the member in the service belongs to the author of the post.
③ Posts posted by members in the service may be exposed to search results, services, and related promotions, and may be modified, duplicated, edited, and posted as necessary for the exposure. In this case, the company complies with the copyright laws, and members can take actions such as deleting, excluding search results, and disclosing the post at any time through the Customer Center or the management function in the service.
④ When the company wants to use the member’s posts by any method other than the above paragraph 2, the company must obtain the member’s consent in advance by phone or e-mail.
⑤ The member shall use the mobile service provided by the company for commercial purposes by copying, transmitting, publishing, distributing, broadcasting or other methods of intellectual property belonging to the company or provider without the prior consent of the company or provider. Do not use it or make it available to third parties.
⑥ The Member shall be responsible for the Company’s communications, images, sounds and all materials and information (hereinafter referred to as ‘User Content’) including texts of conversations displayed within the App or uploaded or transmitted by Members or other users through the Mobile Services in connection with the Mobile Services. Allows you to use the following methods and conditions.
1. Use, alteration and other modifications of the User’s contents (publication, duplication, performance, transmission, distribution, broadcasting, creation of secondary works, etc.) in any form, and there is no restriction on the period of use and region. )
2. Do not sell, rent or transfer User Content for the purpose of transaction without prior consent of the User who produced the User Content.
⑦ For the user’s user content (for example, general bulletin board, etc.) that is not shown in the app and not integrated with the mobile service, the company does not use the commercial content without the express consent of the member, and the member can use such user content at any time. You can delete it.
⑧ The Company may delete, move or refuse registration without prior notice if it is deemed to be prohibited by the provisions of Article 14 for postings and postings within the mobile service posted or registered by the member.
⑨ Members whose profits are violated by the information posted on the bulletin board operated by the company can request the company to delete the information or post a rebuttal. In this case, the company will promptly take the necessary measures and notify the applicant.
⑩ Section 6 is valid while the company operates the mobile service and will continue to apply even after membership withdrawal.
Article 16 (Member postings)
① Any loss or problem caused by the member’s post is the responsibility of the individual member and the company is not responsible for it.
② The company can move posts without prior notice according to management needs.
③ If the company receives an objection such as claims for damages from others because the member’s posts violated the rights of others, the member who created the post should cooperate actively for the indemnity of the company. The member shall be responsible for the problems caused.
④ If it is deemed that the post posted or delivered by the member falls under each of the following subparagraphs, the company may delete it without prior notice and may refuse to register.
1.In the case of slandering another member, invading privacy, or defamation by slander
2. If there is a problem that may interfere with the stable operation of the service
3. If the content is deemed to be related to criminal activity
4. In case of infringement of intellectual property rights of the company and third parties, etc.
Article 17 (Paid Services and Paid Members)
① The paid service starts from the time when the company accepts the member’s application for use (in the case of new and some services, the designated date notified in advance after receiving the application for use), and the service may be started due to the technical reasons of the company. If not, the member will be notified in advance according to Article 8.
② The Company shall notify the facts of the Member’s application for use, and the Member who has received the notice of the Company shall request correction or correction of the mismatches if there is any inconsistency in the declaration of intention. Should be handled accordingly. However, if payment has already been made, the provisions of Article 18 concerning the withdrawal of subscription, etc. shall be followed.
③ The Company provides the following paid services and may add or change the service contents according to the company’s circumstances and other conditions. The details of each paid service are shown in detail to members on the corresponding paid service purchase page of the company’s service homepage.
1. Automatic payment service: A product that automatically pays the monthly fee and automatically renews the period of use through the payment method registered by the member.
2. Period-purchasing service: A service that purchases and uses a certain period of time through a payment method registered by a member
3. Individual Purchasing Services: Services available through one individual purchase
④ The company can provide other products other than education, combined products provided with additional services, and affiliated products through contracts with other companies.
Article 18 (Change of Member’s Paid Service Product)
① In principle, the paid services or products that the member has already purchased and subscribed to will not be processed.
② The Company shall notify the facts, contents, and the date of change in advance according to the method prescribed in Article 8 of this Agreement when there is a change to the paid service product.
Article 19 (Payment)
In principle, the purchase price for content is charged according to the carrier, the open market, the method set by the company’s app, and the policy. Depending on the company’s policies, the policies of the payment provider (mobile carrier, open market store, application store, etc.) and the government’s policy, payment limits may be granted for each payment method.
Article 20 (Withdrawal of subscription and refund of purchase price)
① Paid members can request the company to cancel payment (withdrawal of subscription) within 7 days of the payment date only if the paid service or product is not used at all.
(2) A paid member may apply for withdrawal after the period (within 7 days from the settlement date) for the paid service or product for which the paid member can withdraw the subscription under paragraph (1), or the consumer protection law in the electronic commerce, etc. , Withdrawal of the subscription is restricted in the case of content that falls under the reason for the subscription withdrawal restrictions set forth in related laws such as online digital contents user protection guidelines.
③ Withdrawal of subscription takes effect when the member reaches the company by expressing his / her intention to the company by phone or e-mail, and the company returns this fact to the member without delay after receiving the member’s declaration of intention. .
④ In the event that the member confirms the application for withdrawal, cancellation, or cancellation of the subscription, and there is a refund amount, in principle, the Company shall request the company to suspend or cancel the billing within three business days after receiving the member’s declaration of intention. In principle, refunds will be made to the same payment method as the member. However, if the company has notified the member in advance, and the refund method and refund period for each payment method may differ, as in each case below.
1.In the case of a payment method that requires confirmation of payment, such as a credit card, within 3 business days of the confirmation of receipt
2. In the case of a refund that has passed the deadline, the operator for each payment method has previously determined the deadline for suspending the charge or canceling the payment through an agreement with the Company.
3. In the case of a member’s use of paid services / products as a result of profit or termination
4. If the member does not immediately provide the company with the information or materials necessary for processing the refund (when refunding the cash, the applicant shall not submit a copy of the applicant’s account and ID card or provide an account under another’s name, etc.)
5. If there is an explicit intention of the member
⑥ In accordance with the online digital contents user protection guideline, the company can refund the amount by subtracting the additional expenses and fees paid by the company as shown below.
1. Within one quarter of the total available period, within 30% of the total price
2. In case of cancellation or termination due to the member’s fault, it is within 50% of the total price (but refund is not possible if the refundable amount is less than 1,000 won).
⑦ The Company shall not be responsible for refunds for services that the Member does not pay for, such as receiving a free service or merchandise or acquiring them for free or free through promotions.
⑧ If a member violates the member’s obligations set forth in this agreement, the member may cancel or terminate the contract, restrict the use of the service, claim damages, etc. Will deduct and refund the amount you owe. In this case, the member may appeal the company’s actions according to the procedures set by the company, and if the company determines that it is justified, the member may resume the use of the service.
⑨ In the case of the paid service that is automatically paid monthly by the member’s application or consent, if the member fails to pay the fee for using the paid service, the product may be automatically canceled on the date of the late payment. Members who wish to do so must take measures in advance to avoid late payment of fees or late payment methods.
회원 If a member using the monthly automatic payment service withdraws, the product will be immediately terminated. In this case, the member’s information and related records will be deleted completely except as required by relevant laws.
Article 21 (Termination and Service Suspension)
① When using the paid service provided by the company, the member shall comply with related laws, these terms and conditions, detailed usage guidelines, service usage guides and notices on the site, and the company’s notice to the user regarding the use of the service. Don’t do anything that defames the company or others or interferes with the operation of the service or other duties.
② Members are responsible for managing their ID and password and should not be used by anyone other than themselves. Members are responsible for the results of using the paid service by using the member’s personal information by others. Members should not steal or misuse personal information such as other people’s names, IDs, passwords, mobile phone numbers, account numbers, and credit card numbers.
③ The member shall not use the paid service for commercial purposes such as sales activities, or prohibit the use of services out of the scope permitted by this agreement except when the company permits in advance.
④ In the course of using the paid service, the member shall not engage in violation of illegal or good customs or social order, and shall not engage in payment or cash conversion with a third party.
⑤ The member shall not use the information obtained through the paid service for any purpose other than the use of the service without the prior consent of the company.
⑥ Members must use various contents and materials including educational contents related to the service only within the scope of private use and cannot provide them to third parties or use them for profit. In addition, the contents of recorded or downloaded voice services should not be illegally distributed or shared, and the member is responsible for any problems arising from the violation.
⑦ If there is any violation by the member of Clause 1 to Clause 6, the Company may notify the member of the violation and suspend the service for one month or cancel or terminate the service use contract. The company’s declaration of intention in this section shall be effective on the date it is presented to the member. On the other hand, the member can appeal the cancellation, termination and suspension of use of the company according to the procedures set by the company, and the company can resume the use of the service if the company recognizes that the member’s objection is justified.
⑧ Members who do not enter true information regarding the use of paid services are not legally protected and may be restricted from using the service.
⑨ In order to use the paid service for minors under the age of 19, they must obtain the consent of a legal representative, and obtain adult certification through real name certification according to the provisions of the Act on the Promotion of Information and Communication Network Use and Information Protection and the Protection of Youth Act. If you do not have real name certification, you will be restricted from using the service.
Article 22 (Compensation for Damage)
① If the company intentionally or grossly inflicted damages on the member, the company shall be liable for the damages.
② If a member incurs any damage to the Company in violation of these Terms and Conditions, the Member shall be liable for the Company’s damages.
Article 23 (Indemnity of Company)
① The Company shall not be liable for any damages caused to members or third parties due to the following reasons.
1.If the paid service cannot be provided due to natural disaster or force majeure equivalent
2. The member has neglected his ID or password management
3. If service is not available due to the failure of public communication line, not the company’s management area.
4. In case of intentional / negligence of third party such as educational contents provider or service affiliate
5. In case of failure of communication service, etc. without cause of fault of other company
② The Company shall not be liable for any loss caused by the member’s expectation of using the service, or for any loss resulting from the selection or use of the posting on the service. In addition, we are not responsible for the accuracy of the posts, such as reviews and ratings posted by members.
③ The Company shall not be obligated to intervene in disputes related to the Services, or between third parties, including members and educational content providers, and shall not be liable for any damages caused by the Company unless there is a fault attributable to the Company. .
Article 24 (Notice to Members)
① When the company notifies the member, it can be done by the e-mail address or text message designated by the member.
② The company may replace the notice in paragraph 1 by posting on the initial screen of the app for more than 7 days or presenting a pop-up screen when notifying the whole member.
Article 25 (Rules other than the Terms)
Concerning matters not defined in these Terms and interpretation of these Terms, the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, the Act on the Promotion of Information and Communications Network Utilization and Information Protection, and the Contents In accordance with relevant laws such as the Industrial Promotion Act.
Article 26 (Rights and Governing Law)
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Korea, and in the case of litigation resulting from a dispute between the Company and the Member, the court shall have jurisdiction in accordance with the procedure set forth in the law.
This Agreement is effective from September 01, 2018.
This terms and conditions of use (hereinafter referred to as the “Terms and Condition”) defines the conditions between Start Your Dream Now (hereinafter referred to as the “Company”) and users in regards to the use of websites, software, applications, products, documents and other products and services (hereinafter referred to as the “Service”) provided to users under the “SEN” name or in relations to “Start English Now”.
Article 1. Agreement to Terms and Conditions of Use
The user must use the Service according to the provisions in the Terms and Conditions. The user cannot use the Service unless he / she agrees to the Terms and Conditions. The user is deemed to have agreed to the Terms and Conditions once he / she clicks the ‘Agree’ button that is displayed on the screen when installing the Service.
Article 2. Other Applicable Rules
Article 3. Collection of Information
The Company collects the user’s computer name in order to determine the terminal used to access the Service.
Article 4. Approval to Use Software
1.The Company allows the nonexclusive use of the software in relation to the Service (hereinafter referred to as the “Software” and includes software that is newly provided due to future upgrades) provided by the Company for user who download the Software for the use of the Service under the condition that the user abides by the Terms and Conditions. The copyright to the Software and any associated rights will belong to the Company.
2.The Company cannot guarantee that the Software is free of any actual or legal defects (including but not limited to stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, security related defects, errors or bugs, infringement of rights etc).
3.the user must not conduct the following actions when using the Software, unless the user has separately obtained evident approval from the Company.
(1) Copy the whole or part of the Software.
(2) Modify the whole or part of the Software’s features, text and / or program source code.
(3) Disassemble or decompile the whole or part of the Software, or attempt to decipher the whole or part of the Software.
(4) Assign, lend, or license the Software to a third party.
(5) Use the Software for advertising, commercial purposes, or solicitation.
(6) Violate a law, judgment, judicial ruling, court order, or binding regulation.
(7) Violate the rights of the Company or of any third party (including, copyright, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
(8) Interfere with or obstruct the Company’s operation of the Service or other users’ use of the Service.
(9) Aid or encourage any of the actions mentioned in items (1) through (8) above.
(10) Any other use of the Service that the Company deems inappropriate.
4.The Company may modify the whole or part of the Service, as well as terminate the Service, when the Company deems necessary, without providing prior notification to users (including, but not limited to, updates to the Software).
5.The Software may contain software which is under the open source license or a modification of such software (hereinafter referred to as ‘Open Source Software’). Licenses are applied in accordance to the conditions of the licenses (hereinafter referred to as ‘Open Source License’) that are applied to the Open Source Software. The Terms and Conditions does not limit the user’s rights based on each Open Source License, and does not grant rights that can replace the rights granted by the Open Source Software. In the event of a provision resulting in a conflict between the Terms and Conditions and the Open Source License, the provision in the Open Source License supersedes the Terms and Conditions.
Article 5.The Company’s Exemption from Liability
1.The Company shall not be responsible for any damages inflicted upon users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and user regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
2.Notwithstanding the condition stated in clause 1 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or user predicted, or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence) shall be limited to the total amount of expenses incurred by the user in order to use the Service in the particular calendar month in which such damages occurred.
Article 6.Modification of the Terms and Conditions of Use
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notification to users. The modification become effective once the modified Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users must refer to the Terms and Conditions on a regular basis for the latest version when using the Service, since a separate notification is not provided.
Article 7.Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as ‘Japanese Version’), the Japanese Version will govern the relationship between Users and the Company. In the event of a provision resulting in a conflict between the Japanese Version and a translation, the provision in the Japanese Version supersedes such translation. The Terms and Conditions will be governed by the laws of Japan. Conflicts that arise from the Service or conflicts between the user and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.