SHICHIDA at Home Terms of Use

These Terms of Use (“THIS AGREEMENT”) set requirements for our customers regarding the use of SHICHIDA at Home (abbreviated as SaH), an all-in-one online learning solution for toddlers and preschoolers, which was developed by Shichida Educational Institute, Inc. in Japan and Shichida Australia Pty Ltd (collectively, “OUR COMPANY”, “we”, “us” or “our”) in Australia.

SHICHIDA at Home is a program designed to give you tools, including online videos, workbooks and teaching materials (collectively, “MATERIALS”) to get involved in your child’s learning process (“THIS SERVICE” or “SHICHIDA at Home PROGRAM).

By registering as a member (“SaH MEMBER”, “you” or “your”) to use THIS SERVICE, you agree to accept THIS AGREEMENT. If you do not agree with THIS AGREEMENT, please do not use THIS SERVICE.

Only parents or guardians of a minor (for children aged between 18 months to 4 years of age) may register as a member.

 

ARTICLE 1 APPLICATION

THIS AGREEMENT applies to all relationships between an SaH MEMBER and OUR COMPANY during the use of THIS SERVICE.

 

ARTICLE 2 MEMBERSHIP

To become a SaH MEMBER and use THIS SERVICE, a person must accept THIS AGREEMENT, register as a member by conforming to the outlined procedures and be approved by OUR COMPANY.

  1. To become an SaH MEMBER, you must be 18 years of age, or of the adult age determined by your province, territory or country. Minors may only use the program under the supervision of an adult.
  2. Your SHICHIDA at Home membership will continue month-to-month until terminated. Unless you cancel your membership before your monthly renewal date, you authorize us to charge the following month’s membership fee to your Payment Method (see “CANCELLATION” below).
  3. We may not approve your registration if we find one or more of the following to be true:
    1. You did not provide complete and accurate registration information,
    2. Your registration was previously, forcibly terminated because of a violation of THIS AGREEMENT, etc.,
    3. You have used the program for commercial purposes without prior written consent from us,
    4. You failed or refused to pay any applicable fees before, or
    5. We find you to be unfit as an SaH MEMBER for another reason.

 

ARTICLE 3 PASSWORDS AND ACCOUNT ACCESS

  1. The member who created the SHICHIDA at Home account and whose payment method is charged (“ACCOUNT OWNER”) has access and control over the SHICHIDA at Home account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the ACCOUNT OWNER should not reveal the password or payment method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
  2. Be mindful of any communication requesting you to submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access sensitive account information directly through the SHICHIDA at Home website rather than a hyperlink included in an email or any other electronic communication, even if it looks official. We may terminate your account or place your account on hold in order to protect you, SHICHIDA at Home or our partners from identity theft or other fraudulent activity.
  3. You may not transfer your account and password to any third person or party, change the ownership of your account or buy, sell or lend your account.
  4. We assume no responsibility whatsoever for any damage or loss resulting from your negligence in the use of your account and password and/or the use of your account or password by a third person or party.

 

ARTICLE 4 SHICHIDA at Home PROGRAM

  1. The SHICHIDA at Home PROGRAM and any content viewed through the program are only for your personal and non-commercial use. During your SHICHIDA at Home membership, we grant you a limited, non-exclusive, non-transferable, license to access the SHICHIDA at Home program and view the videos on a streaming-only basis. Except for the aforementioned limited license, no right, title or interest shall be transferred to you. You agree that you will not use the program for public performances.
  2. You may view the online videos through the SHICHIDA at Home PROGRAM primarily within the country in which you have established your account and only in the geographic locations where we offer our program. The content available for viewing may vary by geographic location and may change from time to time.
  3. You agree to use the SHICHIDA at Home PROGRAM, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the program or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the SHICHIDA at Home PROGRAM. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the SHICHIDA at Home PROGRAM; use any robot, spider, scraper or other automated means to access the SHICHIDA at Home PROGRAM; decompile, reverse engineer or disassemble any software or other products or processes accessible through the SHICHIDA at Home PROGRAM; insert any code or product or manipulate the content of the SHICHIDA at Home PROGRAM in any way; or, use any data mining, data gathering or extraction methods. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the program, including any software viruses or other computer code, files or programs. We may terminate or restrict your use of our program if you violate these Terms of Use or are engaged in illegal or fraudulent use of the program.

 

ARTICLE 5 SYSTEM REQUIREMENTS

The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available and/or the speed of your Internet connection. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. HD and Ultra HD availability is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all subscription plans allow you to receive HD or Ultra HD content. Default playback settings on cellular networks exclude HD and Ultra HD content. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better.

 

ARTICLE 6 EQUIPMENT, ETC.

To use the SHICHIDA at Home PROGRAM, you must have Internet access (ISP and data charges may apply at your own cost), and you must provide us with a current, valid, accepted method of payment, which you may update from time to time (see “PAYMENT METHOD” below).

 

ARTICLE 7 MATERIAL SHIPMENT

  1. MATERIALS provided through THIS SERVICE will be delivered to SaH MEMBERs by the parcel delivery companies or mailing companies that we designate (collectively, “DELIVERY COMPANY”). The MATERIALS may not be collected by SaH MEMBERS at OUR COMPANY. And, we cannot directly deliver MATERIALS to SaH MEMBERS. Also, MATERIALS will be shipped to the address you designate. You may be charged extra shipping or handling fees beyond the predefined shipping costs according to your specific circumstances.

The MATERIALS and other items shipped from OUR COMPANY are treated according to conditions of carriage, etc. that are defined by the DELIVERY COMPANY.

  1. We assume no responsibility whatsoever for any delivery delays outside of our company’s control.
  2. Customs duties may be imposed by the customs clearance office in some countries and territories. The customs duties must be borne by SaH MEMBERs (recipients). Whether the MATERIALS are taxable or not is judged by the customs office at the time of each delivery. For further details, please contact the customs office that administers the area where you will receive the MATERIALS.

 

ARTICLE 8 RETURNS AND EXCHANGES

We will not accept returns or exchanges for any reason except for initial defects due to a cause imputable to OUR COMPANY such as the incorrect collating of a workbook, etc. Please visit the SHICHIDA at Home Help Center on our website for assistance (www.shichidaathome.com).

 

ARTICLE 9 BILLING

  1. BILLING CYCLE The membership fee for our program will be billed on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases, the timing of your billing may change. For example, your Payment Method has not been successfully settled or your paying membership began on a day not contained in a given month.
  2. PAYMENT METHOD You may change your Payment Method by visiting our website and clicking on the “Your Account” link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account 48 hours before the monthly debits, we may suspend your access to the program until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method. Even if this method is not updated, you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other related charges. Please check with your Payment Method service provider for details.

 

ARTICLE 10 CANCELLATION

You can cancel your SHICHIDA at Home membership at any time, and you will continue to have access to the program through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel your membership, go to the “Your Account” page and follow the cancellation instructions. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click the “Billing Details” tab on the “Your Account” page.

 

ARTICLE 11 CHANGES TO THE PRICE AND PROGRAM PLANS

We may change our program plans and/or the price of our program from time to time; however, any price changes or changes to our program plans will apply to you no earlier than 30 days following the email notification sent to you.

 

ARTICLE 12 ELECTRONIC COMMUNICATIONS

We will send you information relating to your account (e.g. payment authorizations, invoices, password or Payment Method changes, confirmation messages, notices) in electronic form only. For example, emails will be sent to the email address you provided during registration.

 

ARTICLE 13 CUSTOMER SUPPORT

To find more information about our program and its features or if you need assistance with your account, please visit the SHICHIDA at Home Help Center on our website (www.shichidaathome.com). These Terms of Use govern the information provided by Customer Support or other portions of our website.  

ARTICLE 14 CHANGES TO TERMS OF USE

SHICHIDA at Home may, from time to time, change THIS AGREEMENT. We will notify you at least 30 days before the new Terms of Use will apply to you.

 

ARTICLE 15 WARRANTIES AND LIMITATIONS ON LIABILITY

The SHICHIDA at Home PROGRAM is provided “as is” and without warranty. In particular, our program may not be uninterrupted or error-free. You waive all special and consequential damages against us, and any direct damages exceeding one month’s membership fee. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.

 

ARTICLE 16 SERVICE INTERRUPTION AND SUSPENSION AND CHANGES TO THE SERVICE, ETC.

  1. OUR COMPANY may temporarily interrupt or suspend all or part of THIS SERVICE without prior notification in the following cases:
    1. Urgent maintenance and inspection are required due to system trouble, etc.,
    2. We cannot offer THIS SERVICE due to a man-made disaster (war, insurrection, disturbance, labor dispute, etc.),
    3. We cannot operate THIS SERVICE due to force majeure (fire, blackout, natural disasters, etc.),
    4. We cannot offer THIS SERVICE due to a fault in the external systems we use, etc.,
    5. Class 1 Telecommunication Operators (telephone companies, etc.) or Class 2 Telecommunication Operators (internet service providers, etc.) cannot provide the service,
    6. You come under suspicion of violating THIS AGREEMENT, or
    7. Other situations in which we deem it necessary.
  1. We may delete any content of THIS SERVICE if it is judged by OUR COMPANY to have infringed on a third person or party’s copyright or other intellectual property rights or when those right holders claim that said content infringed their rights.
  2. We can change, add or delete all or part of the content of THIS SERVICE without approval from SaH MEMBERs.

 

ARTICLE 17 HANDLING OF PERSONAL INFORMATION

(Personal Information)

  1. We handle the following information as personal information:
    1. Registration information including your email, name, address, date of birth, etc. that you submit to use THIS SERVICE,
    2. Information about the service you use and the payment information for the service, etc.,
    3. Password provided by OUR COMPANY to use THIS SERVICE,
    4. Information including submissions, questions and answers, survey responses, responses to questions or answers, etc. made in the process of using THIS SERVICE,
    5. Your login and logout information recorded in the process of using THIS SERVICE, and
    6. Other correspondence information between you and us via email, phone, FAX or letters, etc. and our answers or responses, etc.
  2. We do not ask you to provide any other personal information than what is listed in Clause 1 of This Article.

(Use of Personal Information)

  1. We can use the personal information described above to:
    1. Offer THIS SERVICE,
    2. Execute operations related to our service offerings including billing,
    3. Conduct research and analysis using the trends of THIS SERVICE, or
    4. Study or develop new services
  1. We do not disclose personal information to any third person or party excluding the following cases in which:
    1. There is an additional user agreement about the disclosure of his or her personal information,
    2. We work with a third person or party or delegate work to a third person or party in order to achieve an intended purpose described above,
    3. The personal information is passed to a transferee company in accordance with the transfer of business or the split up of OUR COMPANY, or
    4. The personal information is used between OUR COMPANY and a specific third person or party only when the intended purpose and information about the specific third person or party are announced or published in advance.
  2. The personal information is handled according to the terms of our privacy policy as well as This Article.

 

ARTICLE 18 MEMBERSHIP EXPULSION

An SaH MEMBER falling under any of the following may be expelled from SHICHIDA at Home membership:

  1. You did not update your registration information and it resulted in causing trouble in the operation of THIS SERVICE,
  2. You did not notify us about changes to your registration information and it resulted in causing trouble in the operation of THIS SERVICE,
  3. <span”>You transferred or lent your password to a third person or party, </span”>
  4. A need to ensure proper security for SaH MEMBERs arose due to entering the wrong password multiple times, etc.,
  5. You engage in unlawful or inappropriate behavior within your use of THIS SERVICE,
  6. You disturb others through your use of THIS SERVICE,
  7. You fail or refuse to pay fees, including but not limited to your membership fee,
  8. You hinder the operation of THIS SERVICE through any means, or
  9. We find you to be unfit as an SaH MEMBER for another reason.

 

ARTICLE 19 WARRANTY DISCLAIMER

  1. OUR COMPANY may temporarily interrupt THIS SERVICE offering without prior notification on the occurrence of any event of force majeure> including natural disasters, communication failures or any situation in which OUR COMPANY deems it necessary.
  2. We assume no responsibility whatsoever for the completeness, accuracy, reliability or validity of the information, etc. that SaH MEMBERs gain through THIS SERVICE.
  3. You are responsible for managing your password to prevent password theft. We assume no responsibility for any damages regardless of the cause including your fault. We are not responsible for any damages that occur when your SHICHIDA at Home account has not been logged off or your cookies have not been deleted and you lend, transfer, change or sell the ownership of that mobile device, such as a smartphone or other device, or said device is lost or stolen.
  4. We assume that a SaH MEMBER personally logged in to the account if the correct password is entered. Even if a third person or party stole, borrowed or illegally uses the password, etc. to log in, we assume no responsibility whatsoever for any damages resulting from this unlawful behavior.
  5. We assume no responsibility whatsoever for any damages resulting from your failure to update your registration information.
  6. We assume no responsibility whatsoever and are not liable for paying compensation for any damages caused to a user of THIS SERVICE or a third person or party resulting from the use of THIS SERVICE (including damage resulting from trouble that occurs between a user of THIS SERVICE and a third person or party).
  7. We assume no responsibility whatsoever and are not liable for paying compensation for any damages caused to a user of THIS SERVICE or a third person or party resulting from access restriction, interruption or suspension, etc. of THIS SERVICE.

 

ARTICLE 20 INTELLECTUAL PROPERTY RIGHTS

Copyrights and other intellectual property rights included in THIS SERVICE (materials, videos, etc.) belong to OUR COMPANY or the rights holders.

You may not use or copy any MATERIALS for any purpose other than personal learning.

You may not resell (including auctions), donate or lend (whether with or without compensation) a copy of the MATERIALS to a third person or party for any reason or by any means whatsoever.

In any of the above rules are breached, we will seek an injunction and take legal action through the court, etc.

 

ARTICLE 21 GOVERNING LAW AND AGREED JURISDICTION

  1. THIS AGREEMENT shall be governed by and construed in accordance with the laws of Japan.
  2. The Tokyo District Court shall have exclusive jurisdiction of the first instance over all disputes arising between you and OUR COMPANY out of or in connection with THIS AGREEMENT.

 

ARTICLE 22 CHANGES TO THE TERMS OF USE

  1. We may change THIS AGREEMENT without approval from SaH MEMBERs. After that, only the revised Terms of Use will be applicable.
  2. If any provision in THIS AGREEMENT violates the compulsory provisions due to their revision, etc., it shall be revised in accordance with the revised compulsory provisions.

 

Last Update: October 31, 2019