Please read User Agreement (amended as of March 16th 2006) before using this service. By continuing to use Sensei-Cafe.com, you agree to abide by the conditions of this agreement.
By using this “Service”, you agree to be bound by all of the terms of this User Agreement. We reserve the right to change the terms of this User Agreement or to modify any features of this Service at any time. By registering for this Service and/or continuing to use this Service after the posting of notices regarding such changes, you agree to be bound by such changes.
In general, anyone may visit Sensei-Cafe.com without telling us who they are or revealing any personal information.
There are occasions, however, when we do need to obtain information from our visitors. For example, we may track the total number of visitors to our site on an anonymous aggregate basis. In no way do we associate this aggregate data with personal information.
When Sensei-Cafe.com receives information about your visit or about you, we may use it for research or to improve our Web site and the services we offer. We may also use it to continue contact with you via e-mail or other means (to send you new information or notification of special offers). If you do not wish to receive this information, please let us know by sending a message to info@sensei-cafe.com.
While IP addresses are logged to track user sessions, the user remains anonymous. We may analyze this data for certain trends and statistics, such as which parts of our site users are visiting and how much time they spend there. We do not link your IP address to anything which would identify you personally.
Any and all information furnished to Sensei-Cafe.com by you is for our internal use only. It is not sold to any third parties.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Sensei-Cafe.com reserves the right to terminate your membership for any reason. Sensei-Cafe.com operates as a service for adults only, to become a member you must be at least 18 years old. If you are a student or tutor under the age of 18, then your parents or legal guardians must register and be the sole operator of the account to facilitate in finding a tutor or student for you.
1. You must be a legal resident of Japan to register for this Service. As an adult you are solely responsible for any information contained in your profile and all of your communications with other Sensei-Cafe.com Members (the "Members"). Members are both student and tutors. Whatever information you choose to publish, Sensei-Cafe.com does not, nor can it practically, monitor or control the use made of its Site by Members. Accordingly you agree to accept sole responsibility for the legality of your actions under all applicable laws. Each other Member is also bound by this User Agreement and agrees to accept sole responsibility for the legality of his or her actions under their applicable laws. Sensei-Cafe.com accepts no responsibility for the legality of the actions of any of its Members.
2. Sensei-Cafe.com does not check the validity of its member’s qualifications or background. All registered in our database will not be screened. Sensei-Cafe.com does not confirm nor deny validity of the information associated with each person. Sensei-Cafe.com is not responsible for the accuracy or legitimacy of the information provided by registered tutors or students. By using the Sensei-Cafe.com website, you acknowledge this and hereby release Sensei-Cafe.com from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of any meeting between two or more Members.
3. You will not use our Site to post or transmit offensive materials including offensive language or sexually explicit materials (including photographs); It is a violation of the rules to use any information obtained from this Service to harass, abuse, or harm another person.
4. You will not harass others by continuing to attempt or communicate with someone who has clearly asked you to cease communication. You are responsible for ensuring that your behavior with other Members is lawful and complies with all applicable laws. To the extent that you do not (or another Member does not) comply with all applicable laws or any clause of this User Agreement, you release and discharge Sensei-Cafe.com from all rights, claims, actions, suits, proceedings and claims which, but for this clause, you may have had against Sensei-Cafe.com;
5. Students and Tutors agree that any payment for the tutor’s service is to be conducted in person between the two parties. Sensei-Cafe.com is not responsible for collecting and / or distributing payment from a student to a tutor. Should a student fail to pay a tutor then it is that tutor’s responsibility to resolve the dispute and not the responsibility of Sensei-Cafe.com.
6. Tutors understand that Sensei-Cafe.com is not responsible for any tax payments and it is the responsibility of each tutor to file their own accounts for taxation issues.
7. With respect to Sensei-Cafe.com:
(i) It reserves the right to suspend or terminate any Member who violates these terms and conditions, including, without limitation, where if a Member is suspected of having, or are found (by conviction or otherwise) to have, engaged in any fraudulent or other criminal activity in connection with our service, or at any other time, with or without cause in Sensei-Cafe.com’s absolute discretion. Sensei-Cafe.com will have no liability to you if it suspends or terminates your account for any reason. You waive all rights you may have had against Sensei-Cafe.com in respect of such conduct.
(ii) Without limiting any other remedies, Sensei-Cafe.com may suspend Members accounts:
(a) if Sensei-Cafe.com receives a direction, demand or request to do so from any government department or agency; or
(b) at any other time, with or without cause, in Sensei-Cafe.com’s absolute discretion - and Sensei-Cafe.com will have no liability to you if it suspends an account for any reason, and you waive all rights you may have had against Sensei-Cafe.com in respect of such conduct.
(iii) It is not responsible for any information or material posted or transmitted via the service;
(iv) It has the right to amend the terms and conditions at any time by posting the amended terms on its Site. You (and all other Members) will be bound by the amended terms from that time and this User Agreement may not be otherwise amended;
(v) It is not responsible for ensuring that Members follow the terms and conditions notwithstanding these terms and conditions outline behavior that is unacceptable on the service; and
(vi) Under no circumstances is it liable to a Member for any incidental consequential or indirect damages arising out of the use of the Sensei-Cafe.com service. In addition, it disclaims all liability to the full extent permitted by law, regardless of the form of action, for the acts or omissions of other Members or users. Nevertheless, nothing in this User Agreement is intended to limit or exclude any liability on the part of Sensei-Cafe.com where and to the extent that applicable law prohibits such exclusion or limitation.
8. Sensei-Cafe.com discloses to you that there are risks of dealing with Internet users based in any countries, underage persons or people acting under false pretence or with some other criminal purpose.
9. User authentication on the Internet is difficult. Accordingly, Sensei-Cafe.com cannot and does not confirm that each Member or user is who he or she claims to be. Therefore, you must be careful in dealing with other Members or users.
10. Because Sensei-Cafe.com does not and cannot be involved in Member to Member communications and activities, in the event that you have a conflict with a Member, to the extent permitted by law, you hereby release Sensei-Cafe.com from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such conflict.
11. You are solely responsible for the information provided by you ("Your Information"), and Sensei-Cafe.com acts as a passive conduit for your online distribution and publication of Your Information. However, Sensei-Cafe.com may take any action with respect to Your Information that it deems necessary or appropriate in its sole discretion, for example, if Sensei-Cafe.com believes Your Information may create any kind liability for us, Sensei-Cafe.com may alter or remove all or part of Your Information.
12. Both tutors and students agree to the exposure of his/her personal information which will all be laid out on your profile. All the information you enter on the site during the registration process and during editing of his/her profile thereafter, will be viewable on the net, except your full name, address, telephone number and email address. Your information will be treated as non-confidential and non-proprietary.
13. You must ensure that Your Information
(i) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; or
(ii) is not obscene and does not contain child pornography.
14. (i) This User Agreement will be governed by and construed in accordance with the laws of Japan. All users of the Site irrevocably submit to the non-exclusive jurisdiction of the courts of Japan;
(ii) The provisions of this Agreement are severable and, if any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced;
(iii) The failure by Sensei-Cafe.com to act with respect to a breach by you of this User Agreement does not waive our right to act with respect to subsequent or similar breaches;
(iv) This User Agreement may not be construed adversely to us solely because Sensei-Cafe.com prepared it; and
(v) This User Agreement sets out the entire understanding and agreement between Sensei-Cafe.com and you with respect to its subject matter.
15. Students are obligated to pay a standard fee for the use this Service.
The fee is as follows: 3,150 Japanese yen for one full month of the use of this Site.
Even if a tutor is not successfully found, Sensei-Cafe.com has no obligation in any circumstances to refund any money to the payee.
16. You are entirely responsible for maintaining the confidentiality of any password and account number provided by Sensei-Cafe.com for accessing the Site, and is fully responsible for all activities that occur under your password or account.
You agree to immediately notify Sensei-Cafe.com of any unauthorized use of your password or account or any other breach of security.
Sensei-Cafe.com will not be liable for any loss that you may incur as a result of someone else using your password or account either with or without your knowledge.
You could be held liable for losses incurred by Sensei-Cafe.com or another party due to someone else using your account or password.
You may not use anyone else’s account at any time, without the permission of the account holder.
17. Sensei-Cafe.com cannot guarantee the protection or privacy of any information stored on, or sent to or from its system over the Internet.
Sensei-Cafe.com is not responsible for the protection of tutor’s and student’s data and cannot guarantee the security and accuracy of its back-up systems.
Both tutor and student are responsible for any unauthorized disclosure of their data, and are responsible for his/her private ID and account.
Ownership of Material: The Information from this Site may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or re-distributed in any way without prior written permission from Sensei-Cafe. Except as expressly provided herein, Sensei-Cafe and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by Sensei-Cafe in writing or incorporated elsewhere in the Information.
Applicable Laws: Sensei-Cafe controls this Site from its headquarters within Japan. Sensei-Cafe makes no representation as to the appropriateness or availability for use of the Information from the Site for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Information in violation of Japanese export laws and regulations. The internal substantive laws of Japan shall govern any claim relating to the Information.
Disclaimer: THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SENSEI-CAFE.COM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF, OR INABILITY TO USE THE MATERIALS, EVEN IF SENSEI-CAFE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
