Terms of Use（Tutor）Terms of Use for Tutors

These Terms and Conditions of Use (“Terms”) set forth the terms of use for this service operated by our company.

Article 1 (Definition of Terms)

For the purpose of these Terms and Conditions of Use, the terms below are defined as the following.

  1. （1）“Terms”: The terms and conditions laid out in this document.
  2. （2）“Our/The Company”: Simpson Co., Ltd.
  3. （3）“This Service”: A general term for the various services provided by our company on this website.
  4. （4）“This Website”: https://eigox.jp/
  5. （5）“User”: A person who utilizes this service as an instructor.
  6. （6）“Student”: A person who takes English conversation lessons as a student through this service.
  7. （7）“Intellectual Property Rights, etc.”: Industrial property rights such as patent rights and trademark rights, intellectual property rights such as copyrights (including rights stipulated in Articles 27 and 28 of the Copyright Act), and other rights.
  8. （8）“Antisocial Forces”: Organized crime groups, members of organized crime groups, persons who have ceased to be members of organized crime groups for less than five years, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers or extortionists, political racketeers, etc. or the equivalent.
  9. （9）“Equipment”: computers, internet environment, headsets, Skype, communication network software, and any other means necessary to use this service.
  10. （10）  “Confidential Information”: Personal information, customer information, company information, and all other information

Article 2 (About the Terms and Conditions of Use)

  1. 1.These terms apply to all users.
  2. 2.Users may not use this website nor this service unless they agree to these terms.
  3. 3.Users of this service are deemed to have agreed to these terms at the time of registration application or by using this service.
  4. 4.The content of these terms may be changed as necessary, and we will notify users of any changes by email, postings on this website, or other methods. Changes to the content of these terms will be subject to the provisions of Article 548-4 of the Civil Code. Please refer to the latest version of the terms and Conditions of Use when using this service.
  5. 5.In addition to these terms, this website displays information on how to use this service and other content that you should be aware of. This additional content shall also substantially form part of the terms of Use.
  6. 6.Please be sure to read these terms before using this service.
  7. 7.These terms and Conditions shall be applied to all standard transactions between our company and users.

Article 3 (Service Content and Method of Use)

  1. 1.Through this service, our company matches users and students and supports them in conducting English conversation lessons using the software specified by our company. Our company does not entrust or delegate the implementation of lessons to users. Nor does our company employ users through this service. No employment contracts will be established between our company and users.
  2. 2.The lesson contract between the user and the student (including the date and time of the lesson, lesson fees, and number of points) shall be established when the student completes the lesson reservation.
  3. 3.In order to provide smooth service, maintain quality, and improve the quality of this service, our company may record audio/visual information (including personal information) obtained during lessons.
  4. 4.Our company will use the information obtained in the previous clause only for the purpose of providing this service to users and students.
  5. 5.Users must use this service in accordance with these terms and in compliance with civil law, commercial law, personal information protection law, copyright law, and other laws and regulations.
  6. 6.Users assume all responsibility for using this service. Our company assumes no responsibility for use of this service by the users, unless otherwise specified.

Article 4 (Registration)

  1. 1.Any person who wishes to use this service as an instructor must submit an application to register themselves in order to start using this service .
  2. 2.Registration applications must be made by entering an ID, password, name, gender, email address, etc. using the method specified by our company. False applications will not be accepted.
  3. 3.A contract for use of this service based on these terms shall be established between the user and our company when our company notifies you, by email, of the acceptance of the registration application.
  4. 4.If there are any changes to the registered information, the user must change their user information using the method specified by our company. Our company will not be held responsible for any disadvantages to the user due to not making the changes.
  5. 5.If we determine that the user falls under any of the following, we may terminate your registration .
    1. （1）The registration requirements for our company are not met.
    2. （2）If the user is not allowed to work in his/ her country of residence or nationality.
    3. （3）If the contents of the registration application are false.
    4. （4）If the user has violated these terms in the past.
    5. （5）In other cases where our company determines that it is inappropriate to approve the registration.
  6. 6.If our company terminates a user’s registration as in the preceding clause , the company is not obligated to disclose the reason to the user.

Article 5 (Management of Password)

  1. 1.Users are responsible for strictly managing their IDs and passwords so as not to leak them to third parties.
  2. 2.A user’s ID and password can only be used by the user himself/ herself, and transferring or lending them to third parties is prohibited.
  3. 3.Responsibility for actions performed whilst using the ID and password will be deemed to be the responsibility of the user who owns the ID, and our company will not bear any responsibility.
  4. 4.In the unlikely event that your ID is used without your permission, or if your ID and password are leaked to a third party, please contact our company immediately.

Article 6 (Lesson fees/Service usage fee)

  1. 1.When providing lessons using this service, the user shall receive a "Lesson Fee" from the student and shall pay the "Service usage fee" to our company upon completion of the lesson.
  2. 2.The lesson fee shall be determined by the user at his/her own discretion, within the range determined when certain conditions, specified by the company, are met.
    Lesson fee: 150 yen to 1,200 yen (per lesson)
  3. 3.In addition to the lesson fee specified in clause 2, bonuses or penalties stipulated on this website may be added to or subtracted from the lesson fee.
  4. 4.The “Service usage fee” is the fee paid for the services (① student attraction ② payment collection ③ provision of various lesson materials ④ provision of the reservation and remote lesson system, etc.) provided by our company to the user. The fee will be set within the following range.
    ・Filipino instructors: 3 % to 66% of the lesson fee
    ・Native and Japanese instructors: -7 % to 45 % of the lesson fee
    *This range is determined based on the lesson fee set by the user and points earned by the student (or the rights stipulated in the next clause) and will vary depending on the discount fee received at the time of purchase.
  5. 5.Students purchase points or the right to take lessons (hereinafter referred to as "Rights") from our company in accordance with our regulations. They will then use the purchased points (or rights) to pay their lesson fee to the user through our company.
  6. 6.Our company will add/subtract bonuses or penalties from the lesson fee paid by the student and deduct the "Service usage fee". The remaining amount will be paid to the user.
  7. 7.Users shall authorize our company to receive the payment for lessons from the students.

Article 7 (Payment)

  1. 1.After a student purchases points from our company and uses the purchased points to pay the lesson fees to us, in accordance with our regulations, our company will add/subtract bonuses or penalties, deduct the "Service usage fees", and calculate the remaining amount which will then be paid to the user.
  2. 2.The method of payment to users shall be specified on this website or by other means. Our company shall be responsible for any fees associated with the payment.
  3. 3.The user shall be deemed to have waived the right to receive payment of the lesson fee after 6 months from the time the lesson fee was incurred.

Article 8 (Cancellation)

  1. 1.Our company shall not charge any lesson fees in the following cases.
    1. （1）If the cancellation is made under the conditions stipulated on the website.
    2. （2）If a lesson contract is canceled due to reasons solely attributed to the user.
    3. （3）If a lesson is canceled during a lesson due to reasons solely attributed to the user (excluding cases where a separately specified percentage of lessons is provided).
  2. 2.Our company may exercise its discretion in deciding whether or not the preceding clause applies.

Article 9 (Prohibited Acts)

  1. 1.Users are prohibited from the following acts.
    1. （1）Acts that violate these terms.
    2. （2）Acts that violate or are likely to violate laws and regulations.
    3. （3）Acts that infringe or encourage the infringement of third-party rights. (including intellectual property rights, portrait rights, and privacy rights.)
    4. （4）Acts that our company deems to be interfering with this service or server.
    5. （5）Acts that violate public order or morals.
    6. （6）Acts that prove beneficial to anti-social forces.
    7. （7）Acts of unauthorized access or attempting unauthorized access.
    8. （8）Acts of impersonating other users or third parties.
    9. （9）Acts of collecting or accumulating other user’s personal information, etc.
    10. （10）  Acts of using this service for illegal purposes.
    11. （11）  Gaining commercial benefit through acts related to this service.
    12. （12）  Acts of registering false information.
    13. （13）  Acts of soliciting students to work at services/companies that compete with our company, or soliciting students for lessons outside of this service.
    14. （14）  Acts of contacting students, online or offline, without using this service.
    15. （15）  Monetary exchange with students.
    16. （16）  Other acts that our company deems inappropriate.
  2. 2.In the event that a user is found to be engaging in any of the prohibited acts stipulated in the preceding clause, or if the company determines that the user’s act falls under any of the prohibited acts, the company will, at its sole discretion, suspend or terminate the provision of this service to the user, cancel or terminate the user’s registration, delete the user’s data on our server, etc. Our company shall not be responsible for any damages caused to the user due to these steps.

Article 10 (User Responsibility)

  1. 1.Users shall bear all responsibility for the use of this service, and shall guarantee to our company that their use of this service does not infringe on intellectual property rights, etc.
  2. 2.Notwithstanding the provisions of the preceding clause, if a problem arises regarding the use of this service, the user shall be responsible for resolving the problem at his/her own expense, and the company shall not be held responsible in any way.
  3. 3.Users are responsible for backing up data related to the use of this service. Our company is not responsible for data loss due to failure to back up data.
  4. 4.If the user causes damages to our company through the use of this service, the user shall compensate the company for any damages (including attorney fees).
  5. 5.If a user causes damages to a third party through the use of this service, the user shall bear the responsibility of compensating the damages at his/her own expense, and the company shall not be responsible in any way. In cases such as this, if our company receives a claim for damages from a third party, the user shall compensate the company for the amount of the damages and expenses (including attorney fees).
  6. 6.To use this service, users must be connected to the Internet. Users must prepare the equipment necessary to use this service at their own expense and responsibility.
  7. 7.Our company is not responsible for, nor is involved in the preparation, installation, or operation of the equipment specified in the preceding clause. The company shall not be providing any technical support to the user. Furthermore, our company does not guarantee that this service will be compatible with all devices.
  8. 8.Users should understand that in the process of using this service, their signal may be transmitted via various networks and devices, and depending on the type of network and device connected, data content and signals, etc. may be subject to change in order to be transmitted.

Article 11 (Disclaimer)

  1. 1.Our company does not guarantee that the use of this service will result in a specific outcome or will be beneficial for the user.
  2. 2.Although we pay due attention to the content of this service, we do not guarantee its accuracy, completeness, up-to-dateness, usefulness, etc. Use of this service is at the discretion of the user.
  3. 3.Our company does not guarantee that saving data created on this website, accessing or using this website, will not result in being affected by viruses, etc. users should use this website at their own risk.
  4. 4.Our company is not responsible for any problems, regarding this service, that arise between individual users or between users and third parties, unless there is intentional or gross negligence.
  5. 5.Our company will not be liable for damages arising from causes not attributable to our company such as natural disasters or for damages arising from special circumstances. Nor will our company be liable for indirect damages including lost profits, regardless of whether or not they are foreseen by the company. However, this does not apply if there is intentional or gross negligence on our part.
  6. 6.If these terms fall under the Consumer Contract Act, the provisions of these terms that exempt our company from liability for damages shall not be applicable. In this case, if the damages caused to the user are due to our company's default or illegal act, our company shall be liable for damages up to the amount of one month's fees paid by the user to the company as compensation for this service. However, this excludes cases where there is intentional or gross negligence on our part.

Article 12 (Advertisements)

  1. 1.Our company holds the right to post advertisements of our company or third parties on the service website.
  2. 2.Transactions between users and parties that have advertisements posted on this service are the responsibility of both parties. Our company shall not be held responsible for any damages caused by advertisements posted on this service or any damages caused by the posting itself.

Article 13 (Intellectual Property Rights)

Intellectual property rights related to this website and this service belong to our company or other third parties with legitimate rights. When using this service, users must follow the instructions to avoid infringing on the rights of other users, our company, or other third parties.

Article 14 (Interruption/Suspension/Termination of Service, Change of Content)

  1. 1.If our company determines that it is necessary to install equipment for the operation of the service, perform system maintenance, or temporarily interrupt/ suspend this service due to circumstances beyond our control such as a natural disaster, the company may do so without prior notice or consent of the user.
  2. 2.After giving advance notice to the users, our company may change or terminate part of or all of this service at our discretion.
  3. 3.Our company shall not be held responsible for any damages caused to the user in the case of the preceding two clauses.

Article 15 (Cancellation of Registration/Withdrawal of Membership)

  1. 1.If a user wishes to cancel their registration or withdraw from membership, they must notify us using the method specified by our company.
  2. 2.In the event that any of the following occurs, our company may immediately cancel a user’s registration or withdraw their membership without any notice.
    1. （1）If it is discovered that there were circumstances in which the registration should not have been approved at the registration application stage, such as false registration details.
    2. （2）In the case of gross negligence or breach of trust.
    3. （3）If there is a suspension in payment, or if there is an order for provisional seizure of assets , seizure of assets, auction of seized assets, commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, or commencement of special liquidation.
    4. （4）If a user is suspended from trading at a clearinghouse.
    5. （5）If a user receives a disposition for failure to pay taxes and public dues.
    6. （6）In the event that a significant issue similar to the preceding items occurs which makes it difficult to continue complying with this agreement or an individual contract.
  3. 3.Our company holds the right to cancel a user’s registration or withdraw their membership if the user violates any provision of this agreement which does not fall under the items of the preceding clause, and the user's default is not corrected even after a reasonable period of notice.
  4. 4.If a user wishes to register again after canceling their registration or withdrawing from membership, the user may need to complete the registration procedure again. In this case, the user agrees in advance that the previously registered data will not be carried over.

Article 16 (Confidentiality)

  1. 1.Our company and users shall handle confidential information disclosed or provided in connection with the use of this service with the care of a prudent administrator, and shall not use it for purposes other than this service nor disclose or provide the information to a third party without obtaining the prior written consent of the other party. However, this does not apply to confidential information, exempting personal or customer information, that falls under any of the following items.
    1. （1）Information that has become publicly known regardless of whether it was disclosed or provided.
    2. （2）Information already in possession at the time of disclosure or provision
    3. （3）Information independently obtained without disclosure or provision.
    4. （4）Information lawfully obtained from a third party with legitimate authority, without the obligation of confidentiality.
  2. 2.If our company is requested to disclose confidential information by an administrative or judicial agency, the company shall, notwithstanding the provisions of this article, disclose the confidential information to the administrative or judicial agency after taking the following measures.
    1. （1）Notify the user in writing, without delay, of the said request.
    2. （2）Disclose only the part of the confidential information that is legally required.
    3. （3）Do our best to ensure that the confidential information disclosed is treated as confidential.
  3. 3.The obligation mentioned in this article to maintain confidential information shall continue even after the use of this service ends.

Article 17 (Collection, Analysis, and Handling of Information Regarding Users)

  1. 1.Our company may use registration information, computer terminal information, and other information about users, in a format that does not identify individuals, for the purpose of information distribution, statistics, and other services provided by our company, or to provide it to third parties.
  2. 2.In order to understand the usage status of this service, our company uses information collection modules such as cookies to collect usage information. Regarding these information collection modules, please refer to the terms of use and privacy policy of each provider.
  3. 3.Our company shall not be held responsible for any damages caused by the use of information collection modules such as cookies, unless there is intentional or gross negligence on the part of the company.

Article 18 (Use and Handling of Personal Information)

  1. 1.Our company shall manage user registration information in accordance with the privacy policy separately stipulated. However, in the cases specified below, user registration information may be provided or disclosed to a third party.
    1. （1）If the user's consent is obtained
    2. （2）If our company is requested to disclose information by a public institution due to laws or regulations, etc.
    3. （3）If it is necessary to have an external company develop and maintain the service operation system, and a confidentiality agreement has been reached with that company to ensure that the user's personal information is appropriately protected and managed.
  2. 2.Users shall strictly manage and store registered information. The user shall be responsible for any damages caused by losing or erasing registered information or not managing the registered information thoroughly and our company will not be liable. In addition, if the user learns that his/her registered information has been misused by another party, the user shall immediately notify our company and follow the company's instructions.
  3. 3.Some of the information that users register with this service will also be disclosed to students.
  4. 4.Information registered by the user in the service and activity records whilst using the service (lesson history, etc.) will be stored in the service's database even after the user withdraws their membership.

Article 19 (Exclusion of Anti-social Forces)

  1. 1.Our company and users both declare and guarantee that none of the following items apply to them at this time nor in the future.
    1. （1）Becoming an anti-social force
    2. （2）Having a relationship with anti-social forces in which they are deemed to be controlling management.
    3. （3）Having a relationship with anti-social forces in which they are deemed to be substantially involved in management.
    4. （4）Having a relationship with anti-social forces in which they are used for the purpose of gaining fraudulent profits for oneself or a third party, or for the purpose of causing damages to a third party.
    5. （5）Having a relationship with anti-social forces that is deemed to provide them with funds or benefits.
    6. （6）A board member or person substantially involved in management having a socially inappropriate relationship with antisocial forces.
    7. （7）Making violent demands, threats, unreasonable demands beyond legal responsibility, disseminating rumors, using deception or force, etc. to damage the reputation of others or obstruct their business by oneself or a third party.
  2. 2.If our company or the user finds that the other party violated their declaration and guarantees set forth in the preceding clause and any of the items apply to them, the company or the user shall, without any notice, terminate the provision of the service or immediately cancel all contracts related to this service, and they may claim compensation for any damages incurred.

Article 20 (Transfer of Rights and Status)

  1. 1.Users shall not transfer, sublease, succeed, set collateral, or otherwise dispose of any rights or obligations or contractual status related to the service to a third party, unless prior written consent is obtained from our company.
  2. 2.When our company transfers its business related to the service to a third party, or transfers the business to a third party through business division, merger, etc., the company shall transfer its rights, obligations, contractual status, and user information related to the service to the transferee or successor. Users shall agree to this in advance.

Article 21 (Separability)

Even if any provision or part of this Agreement is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of this Agreement will remain valid and enforceable.

Article 22 (Resolution by Negotiation)

In the event that any matter not stipulated in these terms or any doubt regarding the interpretation of these terms arises, the company and the user shall promptly resolve the matter through mutual consultation in accordance with the principle of good faith.

Article 23 (Jurisdiction)

Our company and users shall agree that the district court or summary court that has jurisdiction over the location of our company's head office shall have exclusive jurisdiction over the first instance trial.

Article 24 (Governing Law)

  1. 1.The interpretation of these terms shall be governed by the laws of Japan.
  2. 2.Even if these terms are created in a language other than Japanese, if the content of these terms created in Japanese differs from the terms created in a language other than Japanese, the content of the terms of Use written in Japanese will be applicable.
Enacted: August 1, 2012
Revision Date: March 1, 2024

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