Last Updated: September 1, 2021
1. Description; Use of the Services
1.1 Services. SchoolTribe Kabushiki Kaisha (“SchoolTribe”, “we”, “us”, “our”) provides classes to our customers or users and/or the child or student named by our customers or users (collectively, “you”, “yourself”, “your”), through materials, in-person instruction, internet applications, and related services (collectively, the “Services”) subject to the conditions in these Terms of Service (the “Terms of Service”).
1.2 Online Services. Sometimes circumstances require us to quickly shift from in-person to online classes. Therefore, we may, with justifiable reason, but at our sole discretion, deliver the Services online, such as through an application downloaded and installed on a computer or mobile device, including Services that were not described or marketed as being delivered online (“Online Services”).
1.3 Modifications to Services. We may, with justifiable reason, but at our sole discretion, modify or discontinue, temporarily or permanently, all or any part of the Services for any or all our users, with or without notice.
1.4 Modifications to Terms of Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time, and your continued use of the Services after the date any such changes become effective will constitute your acceptance of the new Terms of Service; however, any amendment or modification of these Terms of Service that creates additional obligations for SchoolTribe will only be binding if made in writing and signed by an authorized representative of SchoolTribe.
1.5 License to Use. We grant you a limited, non-exclusive, non-transferable, license to access the Services for personal and non-commercial use; provided that SchoolTribe may revoke your license at any time in its sole discretion and, upon such revocation, you must promptly destroy all SchoolTribe materials, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
1.6 Non-Renewing Agreement. Each arrangement between you and SchoolTribe for Services specifying a class and dates is a separate non-renewing agreement for one person.
1.7 Termination. You may terminate the agreement with SchoolTribe at any time by a written notice to us, subject to these Terms of Service.
2. Intellectual Property Rights
2.1 Our Rights. Except as expressly authorized by SchoolTribe, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, or any names or logos used for the Services, in whole or in part; and any rights not expressly granted herein are reserved by SchoolTribe.
2.2 Third Party Rights. Names and logos used and displayed when we provide the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to SchoolTribe.
3. Fees; Conditions of Use
3.1 Fees. You agree to pay SchoolTribe the amount that is specified by SchoolTribe for the Services (as well as any applicable taxes).
3.2 Fee Changes. We reserve the right to change SchoolTribe’s fees for future Services.
3.3 Refunds. Your enrollment in the Services prevent SchoolTribe from offering the same Services to another person. Therefore, if you provide written notice to SchoolTribe of termination of this agreement, SchoolTribe will keep a pro rata amount of fees up to the month your termination notice is received, plus one. For example, if you terminate this Agreement during the third month of a five-month class, SchoolTribe will refund your fees pro rata for only the fifth month.
3.4 Fee Variations. At any time, and for any reason, we may decide to provide a refund, discount, or other consideration to some or all our users (“Variations”), at our sole discretion; and the provision of Variations in one instance does not entitle you to Variations in the future for similar instances, nor does it obligate us to provide Variations in the future, under any circumstance.
3.6 Photo Consent. We sometimes take photos in class to share with users and in online and print marketing, and you agree to your photo being taken, stored, and edited for such purposes.
3.7 Your Obligations. You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our enrollment form; and unless otherwise expressly authorized by SchoolTribe in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Services or access to the Services.
4. Disclaimer of Warranties
4.1 No Warranties. SchoolTribe expressly disclaims all warranties of any kind, whether oral or written; or express, implied, or statutory; and expressly makes no warranty that the Services will meet your requirements; the Services will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the Services will be accurate or reliable; or the quality of the Services will meet your expectations.
5. Indemnity; Limitation of Liability
5.1 You agree to indemnify, defend, and hold SchoolTribe, its officers, directors, agents, and employees harmless from and against, all costs, expenses, liabilities, penalties, and losses, directly or indirectly arising out of or resulting from your use of the Services, including without limitation, any modification, suspension, or discontinuance of the Services, and/or any claims made by third parties against SchoolTribe in relation to the Services.
5.2 You agree that, unless arising due to an intentional act or gross negligence on the part of SchoolTribe or our representatives or employees, SchoolTribe will not be liable for any damages relating to our provision of the Services (even if we have been advised of the possibility of such damages) whether based on contract, tort, negligence, strict liability, or otherwise, including without limitation, your costs related to, or your inability to access, the Online Services; and, in any event, SchoolTribe’s total liability to you for all such damages, losses, or causes of action will not exceed the amount you have paid SchoolTribe in the last six (6) months.
5.3 Third Party Dealings. Any disputes or dealings you have with third parties, including facility providers and other users of the Services, while using the Services, are between you and such third parties, and SchoolTribe will have no liability or responsibility with respect to such disputes.
6.1 These Terms of Service constitute the entire agreement between you and SchoolTribe and govern your use of the Services, superseding any prior agreements between you and SchoolTribe with respect to the Services.
6.2 You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content, or third-party software.
6.3 These Terms of Service will be governed by the laws of Japan without regard to its conflict of law provisions; and any disputes shall be finally settled by binding arbitration in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association; with the place of the arbitration Tokyo, Japan; the language of the arbitration English; and only one arbitrator.
6.4 The failure of SchoolTribe to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
6.5 You may not assign any rights under these Terms of Service without the prior written consent of SchoolTribe, but SchoolTribe may assign or transfer its rights under these Terms of Service, in whole or in part, without restriction.
7. Notices & Questions
7.1 Notices and other communications to you may be made via either e-mail or regular mail to the respective addresses you have provided to SchoolTribe.
7.2 Please contact us at or email@example.com or 11F Aoyama Palacio Tower, 3-6-7 Kita-Aoyama, Minato-ku, Tokyo, 107-0061 with any notices or questions regarding these Terms of Service or the Services.