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楽しく英会話（初級）３０分

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Tutor terms

Small Bridge Inc (below abbreviated as “the Company”) manages the Cafetalk service (Offered through http://cafetalk.com and any subdomains thereof, hereinafter abbreviated as “our service(s) or Site”）. Only Tutors, who agree (see below Article 1, Section 1, clause 1 ) to this “ Tutor Agreement” (hereinafter shown as “ the Agreement”) may use our services.

1. Definitions

1-1.

Certain terminology used in this agreement is defined as follows:

Ⅰ “the Site” : the Internet Site offered under the domain http://cafetalk.com and all subdomains thereof.
Ⅱ “Lesson(s)”: Any form of instruction, useful information, exercises, conversation and advice offered with the intention of improving the skill or knowledge of the recipient.
Ⅲ “Student(s)”: Any individual registered on our Site who receives or intends to receive lessons through our services.
Ⅳ “ Tutor(s)”: You or any individual registered on our Site who offers or intends to offer lessons through our services.
Ⅴ “Lesson Agreement”: An agreement made between a Tutor and a Student governing the terms of the lesson.
Ⅵ “ Lesson Fee”: The price of the lesson which the Student pays to the Tutor through the Company.
Ⅶ “Matching Service”: Services offered through the Site which facilitates the exchange of lesson agreements.
Ⅷ “the Service” or “our Service(s)”: the totality of services including the Matching Service provided through the Site.
Ⅸ “Matching Fee”: The price of the matching fee that the Student pais to the Company.
Ⅹ “Service Fee”: The sum of the Lesson Fee and matching fee.
Ⅺ “Points”: An internal currency unit used for paying the service fee. Students may purchase points in exchange for fixed, predetermined amount of money.

1-2.

Services provided through our Site include the following:

Ⅰ Student services aimed at facilitating the search, and management of lessons and also to facilitate the exchange of lesson agreements.
Ⅱ Matching service
Ⅲ Counseling and advice related to the services above.
Ⅳ Lesson services for Students
Ⅴ Distribution of information related to but not limited to; campaigns, services and updates sent through email.
Ⅵ Tutor services aimed at facilitating the exchange of lesson agreements and management of lessons.
Ⅶ Other services deemed appropriate by the Company

2. Application of this Agreement

2-1.	This agreement applies to use of services by Tutors.
2-2.	Aside from this agreement, the User Terms, any other regulations on our Site and any notices sent to Tutors (hereinafter referred to as the “Terms of Use”) will be treated as part of will be treated as part of this agreement.
2-3.	If any of the previously stated Terms of Use differs in content, precedence will be taken in the following order: the said notice, the said regulations, Terms of Usage and the Agreement. Also, if the contents of the notice on the website are different from any other notice received, the latest notice will be applied.
2-4.	The terms governing Students’ use of the Site and its services will be governed in a separately defined “Student Agreement” (hereinafter referred to as the “Student Agreement”).
2-5.	Japan Standard Time will apply to any time or date indicated in this agreement.

3. Notifications from the Company

3-1.	The Company shall communicate any information it deems appropriate to Tutors using emails, attachments and notifications posted through the Site or by whatever means appropriate.
3-2.	In the event the above mentioned notifications are sent through Site postings, emails or attachments they will be deemed effective from the time they are sent or posted unless stated otherwise.

4. Qualifications Needed to Use the Service

You must meet the following requirements in order to use our Service:

Ⅰ You must be over 20 years old and be able to make legally responsible decisions.
Ⅱ You must be legally permitted to work in both their home country and your current country of residence.

5. Usage of Our Services

5-1.	You must agree to take sole responsibility in evaluating the truthfulness, accuracy and reliability of any information provided by Students or the Company and make use of this information at your own risk.
5-2.	Your must understand that you are not in the employment of the Company, and as such no employment contract shall exist between you and the Company.
5-3.	The Company shall not be obliged to manage the Students’ or Tutors’ behavior or attitude. Neither shall it be obliged to control the quality of the lessons that Tutors provide to the Students.
5-4.	Lessons will generally be provided by Tutors except in cases where the Company deems it necessary to provide lessons itself.
5-5.	The Company may but is not obliged to access or control the offered lesson or any information exchanged between the Tutor and the Student.
5-6.	The Company shall not be obliged to verify or guarantee the trustworthiness of any of its Tutors, Students or any information they provide through the Site.
5-7.	The Company will not be held responsible for any illegal activity undertaken by Tutors or Students through this service.
5-8.	The Company will not be held responsible for any files, objects or information, exchanged between Tutors and Students and you will not hold the Company responsible for any damage or loss of files, objects or information mentioned above.
5-9.	You should not exchange files or objects not relevant to lessons unless given explicit permission by the Company to do so.

6. Issues and Conflicts with Other Tutors

If you should sustain harm or damage from; or become involved in a conflict with another Tutor. Student or third party, all parties involved shall undertake to resolve the issues amongst themselves using their own resources. If the Company suffers damage from the aforementioned issue or conflict the Company shall pursue compensation from the responsible parties. Such compensation may include but is not limited to reasonable legal fees. You will also be held responsible for any costs (which may include but is not limited to reasonable legal fees required to resolve the aforementioned issue or conflict.

7. Tutor Registration

7-1.	You can register to offer lessons by completing an application through the registration form. This form should be filled out by you, the applicant and not by someone acting on your behalf. All information filled out in the application must be truthful and accurate.
7-2.	The Company will send you an email notifying whether your application has been accepted.
7-3.	The Company will not accept an application if any of the following cases applies: Ⅰ If the Company discovers that someone other than the applicant has filled in the registration form. Ⅱ If the Company finds any falsehood, incorrect or missing information. Ⅲ If the applicant has been previously suspended from using the website. Ⅳ If any other reason is discovered which leads the Company to believe the applicant is inappropriate to use our services.
7-4.	If you change your name, email address or country of residence, you should immediately inform the Company by updating your profile.
7-5.	You may erase your own profile after notifying the Company and receiving further instructions. However, you may not deactivate your profile if unfulfilled Lesson Agreements exist.

8.Termination of Services and Profile Erasure by the Company.

The Company may terminate your services and erase your profile without notice in any of the following cases.

Ⅰ If we find out that you had previously violated the terms of this agreement and had your profile erased in the past.
Ⅱ If you engage in any of the prohibited activities listed in Article 13.
Ⅲ If you had acted against the rules of the Agreement in any other way than described above.
Ⅳ In any case the Company deems it inappropriate to keep you registered.

9. Password Management and Usage

9-1.	You will either define your own or be provided by the Company with a password (hereinafter referred to as “Password(s)”) to access various restricted areas of the Site.The Company is not responsible for the management of your Password.
9-2.	You should not give or disclose their Password to a third party.
9-3.	The Company will not be held responsible if you or someone else uses your password inappropriately or to harm a third party.
9-4.	If you find out that your Password is being used by a third party without your consent, you should immediately inform the Company and act according to its directions.

10. Burden of Expense

10-1.	In order to be able to use our services, you should have the necessary hardware (PC, headset, microphone, earphones, etc), software (defined in Article 18, Section 1) and a fast internet connection. You shall be responsible for the aforementioned three categories of necessities and will bear the burden of expense for their purchase and maintenance.
10-2.	You must pay for your own internet connection, phone expenses and electricity.

11. Lesson Fees

11-1.	You agree to give the Company the right to collect Lesson Fees from Students, and if necessary refund Lesson Fees on your behalf.
11-2.	You will indicate on your profile the number of Points required for your services (herein after referred to as “Service Points”) within the range permitted by the Company.
11-3.	Your Lesson Fee shall be equivalent to 60% of the Service Points. 1 Point will equal 1 Japanese Yen in the calculation of Lesson Fees.
11-4.	You may request payment for Lesson Fees associated with all Lesson Agreements completed one or more days before the date of request (hereinafter referred to as “Payment Request”. Upon receiving a Payment Request the Company shall calculate the sum of outstanding Lesson Fees and transfer them to your specified bank account or equivalent financial account according to the following schedule. For all Payment Requests made on or before the 3rd of the month, payments will be made on the following 15th. The Company shall pay for any fees required to transfer the Lesson Fees into the Tutors account. However, you shall bear the burden for any withdrawal related expense.
11-5.	The Company may withhold the above payment if any of the following situations arise. Ⅰ If the Student requests a refund for his/her points with just cause. Ⅱ If a lesson was disrupted or believed to have been disrupted for more than 20% of the time promised in the Lesson Agreement. Ⅲ If we have sufficient reason to believe that you have violated the terms of the Agreement. Ⅳ If the bank account information or any other information you provided is incomplete or incorrect. Ⅴ If the Company deems it necessary for any other reason to withhold the payment of the Lesson Fee.
11-6.	You will not receive payment for a Lesson if a Student requests a refund of Points and the Company grants it according to the User Terms or User Cancelation Policy. If the Lesson Fee for the particular lesson subject to refund has already been paid, you will be obliged to send the payment back to the Company.
11-7.	Lesson Fee calculation and payment are done exclusively in Japanese yen.

12. Lesson Agreement

12-1.	A Lesson Agreement comes into effect from the moment you accept or “confirm” a lesson request through the system.
12-2.	You must agree beforehand that a Student may cancel a Lesson Agreement after its acceptance in accordance with the User Cancelation Policy.
12-3.	You shall follow the Tutor Cancelation Policy in matters regarding the acceptance and rejection of Lesson Agreement requests; the canceling and rescheduling of requests; and what to do after canceling.
12-4.	The Company reserves the right to ask you to provide additional information especially in the following situations: If you cancel or wish to cancel a Lesson Agreement after its acceptance. Ⅱ If any of the situations in Article 11 Section 5 arise. Ⅲ If the Company deems it necessary for any other appropriate cause.

13. Prohibited Activities

13-1.

You agree to not engage in any of the following activities while offering lessons through the Site.:

I	Offer services which require accredited licenses such as (but not limited to) the offering of legal or medical services without qualification.
II	Offer services or perform actions that are criminal or discriminatory in nature.
III	Offer services or perform actions that are offensive to public order and established morals.
IV	Offer services or exchange information of any kind that is obscene or pornographic in nature.
V	Promote or sell items that are not related to the lessons being offered.
VI	Engage in activity that infringes, or has the possibility of infringing on the rights, property or privacy of other Students, Tutors or the Company.
VII	Post or send information that is not correct.
VIII	Delete, tamper, falsify or attempt to inappropriately change information used for our services.
IX	Engage in activity or use information that violates, or has the possibility of violating copyrights, trademark rights or intellectual property rights belonging to a third party.
X	Makes false accusations, discriminatory, damaging or hurtful statements against another Tutor, Student, third party or the Company.
XI	Send advertisements, promotional messages, chain-mail, invitations or any other mail to other Tutors, Students, third parties or the Company which may be construed as unwarranted, unsolicited or offensive.
XII	Engage in pyramid schemes or invite others to join such a scheme.
XIII	Engage in campaigning activity in which violates the Public Offices Election Act.
XIV	Use or disseminate computer viruses.
XV	Use someone else’s identity or pretend to be another Tutor.
XVI	Attempt to access unauthorized data or areas of the system related to the service.
XVII	Engage in any activity detrimental to other Students, Tutors, third parties or the Company including (but is not limited to) the aforementioned activities, unlawful activities, prostitution, violence, and any act against public order and morals.
XVIII	Promote services that are in competition with this service or solicit lessons directly from the Student.
XIV	Facilitate or encourage any of the above activities.
XX	Engage in other acts that the Company may deem inappropriate or unacceptable.

13-2.

Tutors should never use the Student information obtained through this service for any purpose other than to execute their responsibilities as defined in the Lesson Agreement. This applies even after Tutors have ceased use of the Site. Neither shall Tutors ever offer lessons directly to Students without using the Matching Service.

14. Tutors’ Responsibilities

You agree to carry out the following responsibilities and at the same time agree to not hold the Company responsible for any consequences resulting from your failure to carry out the same.

Ⅰ You will ensure that any information sent to the Company or uploaded through the site to be up-to-date, correct and accurate.
Ⅱ You will impart to Students information and knowledge that is truthful, correct and accurate.
Ⅲ You will faithfully execute their responsibilities defined in the Lesson Agreement (lesson contents, start time, etc).
Ⅳ You will file and pay appropriate duties and taxes for Lesson Fees they acquired through the Site to your home country or country of residence.

15. Email, Uploaded Content and Other Information

15-1.	The Company will not be held responsible for the content of any email or information exchanged between or uploaded by Tutors, Students or third parties.
15-2.	You agree to take responsibility for, and exempt the Company from the consequences of any email or information they upload or exchange through the Site.

16. Handling Confidential Information

16-1.	When you register for the service, you also agree to provide various information about yourself that are sometimes of a private nature (hereinafter referred to as “Private Information”).
16-2.	You should not disclose to anyone or use in any way the information you received about other Tutors or Students (hereinafter referred to as “Confidential Information”) through this service, irrespective of whether or not you are registered on the Site. Tutors must keep such Confidential Information strictly to themselves and take every precaution not to let the information leak in any way. You should never use Confidential Information obtained through this service for any purpose other than to execute your responsibilities as defined in Lesson Agreement.
16-3.	If asked to do so by the Company, you must return or destroy any files, information, products which they received from the Company.
16-4.	You should not offer or disclose information about lessons to other Tutors or Students. However, any publically available information as stipulated in Section 1 of this Article may be freely disclosed.
16-5.	You should not disclose to other Tutors or Students any information related to Lesson Fees or information about third parties that may be in competition with the Site.

17.Licensing Rights

You agree to give to the Company free of charge, the unlimited and non-exclusive sublicensing rights to disclose use, show, translate, alter, delete and redistribute any uploaded information and its derivatives that are publically available through your profile or other pages. The sublicensing rights in this Article shall include any text, images, music and content you upload or provide through the Site which do not fall under the definition of Private Information.

18. Communications Software

18-1.	You shall use a third party’s Internet communications software (hereinafter referred to as Communications Software) specified by the Company for each Lesson they conduct.
18-2.	When using the Communications Software, you agree to follow the terms of use laid out by is proprietor(s).
18-3.	You must first download the phone software and make sure it works before registering on the Site.
18-4.	The Company will not assume any responsibility in cases where a Lesson could not be executed due to problems with the hardware or software under your management and care.

19.Limitation of Liability and Indemnification

19-1.	You agree to hold harmless, defend and indemnify the Company and its affiliates, and their respective employees, agents, and representatives, from and against any third-party claim arising from or in any way related to your (i) breach of any term or condition of this Agreement (ii) your use of the Service, (iii) violations of applicable laws, rules or regulations in connection with the Service, or (iv) any consequences resulting from the quality, accuracy, truthfulness or usefulness information provided through the Site.
19-2.	You agree to hold harmless and indemnify the Company and its affiliates, and their respective employees, agents, and representatives, from any damages or harm that arise from (i) the interruption and discontinuation of our Services, (ii) changes, additions, discontinuations and postponement of release of features on our Site, (iii) actions or inactions of third parties including other tutors and students, (iv) termination of your services and erasure of your profile, or (v) interaction with advertisements or campaigns on or introduced to you through the Site.

19-1.

You agree to hold harmless, defend and indemnify the Company and its affiliates, and their respective employees, agents, and representatives, from and against any third-party claim arising from or in any way related to your (i) breach of any term or condition of this Agreement (ii) your use of the Service, (iii) violations of applicable laws, rules or regulations in connection with the Service, or (iv) any consequences resulting from the quality, accuracy, truthfulness or usefulness information provided through the Site.

19-2.

You agree to hold harmless and indemnify the Company and its affiliates, and their respective employees, agents, and representatives, from any damages or harm that arise from (i) the interruption and discontinuation of our Services, (ii) changes, additions, discontinuations and postponement of release of features on our Site, (iii) actions or inactions of third parties including other tutors and students, (iv) termination of your services and erasure of your profile, or (v) interaction with advertisements or campaigns on or introduced to you through the Site.

20. Relationship with Advertisers

At certain times the Company may advertise or offer campaign information on behalf of third-party advertisers (hereinafter referred to as “Advertisers”) through the Site. If you respond to any such advertising and should any problems or conflicts arise as a result of your interaction with such Advertisers, you agree to resolve the aforementioned problems directly with the Advertisers and agree exempt the Company from all responsibility and involvement.

21. Interruption of Services

The Company may temporarily stop offering all or part of its Service to Tutors without warning in the following cases:

When there is an unforeseen and unavoidable need to repair or maintain hardware, software or any other equipment related to the service.
When there is an unforeseen failure in the hardware, software or other equipment related to the service.
When the Internet network or telecommunication company responsible for the Service’s infrastructure is disrupted.
In other cases where the Company deems it necessary to disrupt services due to technical or managerial reasons.

22. Changes and Addition to the Service

The Company reserves the right to add or make changes to the service without prior notification.

23. Discontinuation of Services

The Company may discontinue the service indefinitely after giving prior notification to its users.

24. Rights ownership

The Company owns the rights including intellectual property rights to the Site and all information delivered through it including (trademarks, pictures, sound, text, videos, images, etc) except for information provided by Tutors, Students and other Users and where stated otherwise.

25.Revisions of this Agreement

25-1.	The Company may revise the Agreement without prior permission of its Tutors or Students.
25-2.	The Company will notify all affected Tutors when such revisions occur. Such revisions will be come into effect no earlier than one week after the notifications are made.

26. Compensation

You agree to compensate the company (for costs including but not limited to legal fees, etc) in the event you cause harm or damage to the Company due to violations of this Agreement not explicitly mentioned above, or through negligence or willful intent.

27. Transfer of Rights and Obligations in this Agreement

Tutors may not transfer all or parts of the rights and obligations stated in this Agreement to a third party.

28.Governing Law

This Agreement shall be governed by and construed under the laws of Japan without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Japanese law, rules, and regulations, Japanese law, rules and regulations shall prevail and govern.

29.Court of Jurisdiction

If a legal dispute should arise between you and another Student, Tutor, third party or the Company you will to resort to the jurisdiction of the Tokyo District Court or Tokyo Summary Court.

30. Language of the Terms

Where the Company has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Us. If there is any contradiction between the Japanese version of the Terms says and what a translation says, then the English language version shall take precedence.

31. Continuation of this Agreement

The following articles will still remain effective even after you terminate your registration with the Site: Article 2, Article 3, Article 5 Section 1 or 3, same Article5 Section 5 or Section 8, Article 6, Article 9, Article 10, Article 11 Section 2, Article 11 Section 5 or 7, Article 12, Article 14 or 17, Article 18 Section 4, Article 19, Article 20, Article 24, Article 26 and this Article.

32. Matters not Covered in this Agreement

In the event a dispute arises between the Tutor and the Company both parties shall attempt to resolve the matter through discussion based on the principals of good faith and fair dealing.