Terms of Use for General Support for Working with Foreign Human Resources

The below Terms of Use apply when using the Japanese language courses, workshops, and accompanying support services, including follow-up options and other services (hereinafter referred to as "Services"), provided by the Japan International Cooperation Center (hereinafter referred to as "JICE"). Please read these terms in advance. If you have any questions, be sure to contact JICE before applying. Anything not specified herein shall be subject to the provisions specified in each Service leaflet, JICE website, and others. If any provisions in the leaflets differ from these terms, these terms shall prevail. JICE considers the person(s) using the service (hereinafter referred to as "User(s)") to have agreed to these terms at the time of application.

Article 1 - Application of these Terms

These terms define the rights and obligations between JICE, applicants and Users over the provision and use of the Services. They shall apply to all aspects between the parties regarding the use of the Services. These terms do not apply to the application and use by corporations, as the separate Business Service Agreement shall apply to such cases.

Article 2 - Service Contents

  1. The Services refer to the services posted on the website, including the related follow-up options.
  2. The Japanese language training refers to all services provided in the "Useful Japanese for Work" courses.
  3. The workshops refer to all services provided in the "Workshop teaching how to work smoothly with foreign employees" and all guidance provided in the "Support service for foreigners living in Japan."
  4. Accompanying support refers to the attending services provided in "Support service for foreigners living in Japan."

Article 3 - Application for Services

  1. Any person(s) wishing to use the Services can apply for them. Application implies applicant's agreement to comply with these terms and provide specific information to JICE in the manner prescribed by JICE.
  2. JICE shall not be liable for any application-related failures for any reason except:
    1. (Online application) When the online application system is unavailable due to negligence on the part of JICE, resulting in an application that cannot be processed. JICE will perform non-scheduled maintenance on the application website when necessary. Applications cannot be accepted during such maintenance periods.
    2. When an application for the course is not processed due to the negligence of JICE for reasons other than stated above.
  3. The application submission window may close once maximum capacity is reached.
  4. The conditions and requirements for applicants are as follows:
    1. Applicant residence status does not matter.
    2. Available support languages differ for each Service. Additional information can be found on the General Support for Working with Foreign Human Resources website (hereinafter referred to as the "Website") (https://www.jice.org/nihongo/).
    3. Applicants under the age of 18 may apply for the use of the Services only after obtaining prior consent from their legal representative.
    4. Please consult with JI CE directly if an applicant needs reasonable accommodations or assistance.
  5. JICE may not accept applications in the following cases, though JICE will not disclose the reasons for such non-acceptance decisions. JICE decisions are final and not eligible for objection or appeal:
    1. when the applicant is shown not to exist;
    2. when the applicant cannot be reached through e-mail or other means of contact as provided by the applicant;
    3. when it is determined that the information provided by the applicant contains false or inaccurate content;
    4. when the applicant has previously been suspended from using any Services operated by JICE, including the use of websites, and JICE has determined that the application provided by such individual should not be accepted;
    5. when the applicant is deemed to be an anti-social force ("anti-social force(s)" refers to an organized crime group, a member of an organized crime group, an associate member of an organized crime group, an individual connected with an organized crime group, a corporate racketeer, a right-wing organization, an anti-social group, or any other organization or person equivalent thereto. The same applies in the following paragraphs); or when JICE determines that the applicant exchanges with or is involved with anti-social forces, such as cooperating with or being involved in the maintenance, operation, or management of anti-social forces through the provision of funds or other means;
    6. when the applicant causes an operational or technical hindrance to the execution of JICE's business;
    7. applications from other companies in the same industry; or
    8. other cases in which JICE deems the application or use of the Services by the applicant inappropriate.
  6. When an application is made from within Japan for Services whose duration is two months or more and whose price is 50,000 yen or more, the contract is deemed to have been concluded when the document sent by JICE that describes the contract details reaches the applicant.
  7. When an application is made from within Japan for Services whose duration is less than two months and whose price is less than 50,000 yen, or an application is made from overseas, the contract is deemed to have been concluded when the automatic reply e-mail sent from JICE after submission of the application form on the Website (https://www.jice.org/nihongo/) reaches the applicant.
    * For applications submitted from abroad, JICE does not send documents describing the contract details by postal mail.

Article 4 - Provision of Services

  1. JICE shall provide Users with the Services for which they selected and applied.
  2. JICE shall not be responsible for Users' inability to use the Services by tardiness, early departure, absence, or other User-related reasons.
  3. JICE shall assume no liability for any reason except as follows:
    1. (Services provided online) when the online conferencing system is unavailable due to JICE's fault and the User cannot access the Services; or,
    2. other cases in which the User cannot access the Services due to the negligence of JICE.
  4. Service Provision Dates and Times
    The dates and times at which Services will be offered are stated separately on the Website. JICE may change these dates and times by posting a notice on the Website.
  5. Restriction of Services
    1. Either JICE or the instructor in charge of the Services may restrict use of the Services by the User(s), even in the middle of the course, if the progress of the course is hindered by the User's system malfunction, disconnection due to the User's network environment, or an act that falls under Article 12 (Prohibited Acts for Applicants and Users).
    2. Even in cases where the use of the Services becomes difficult or restricted based on the circumstances described in the preceding paragraph, the fee paid by the User shall not be refunded.

Article 5 - Payment Methods

  1. The fee for each Service is listed on the Website (https://www.jice.org/nihongo/).
  2. Payment for the Services shall be made by bank transfer (advance payment).
  3. When bank transfer (prepayment) is used, payment must be made by the due date to the account designated by JICE after the payment notification email sent upon application through the Website is received. Payment can only be made in one lump sum. The applicant shall bear all fees related to the bank transfer. Once the payment due date has passed, the application may be canceled.
  4. Applicants and Users shall bear the data communication fees and the costs of computers, communication equipment, and other devices required to use the Services.
  5. For the accompanying support service, additional fees may be incurred when the initially scheduled time is extended due to unforeseen circumstances, such as delays or suspension of transportation.

Article 6 - Cancellation and Refund

  1. Cancellation before the start of Services provision
    A cancellation fee shall apply as follows: 100% of the total amount if cancelled on or 1 day before the start of Services.
    50% of the total amount if cancelled between 2 and 7 days before the start of Services.
    20% of the total amount if cancelled between 8 and 20 days before the start of Services.
    • The applicant shall bear any fees related to the refund.
    • If the application for Services is made from within Japan after receiving a telephone solicitation by JICE, or if the application is made from within Japan for the Services whose duration is more than two months and whose price is more than 50,000 yen, Section 3 of Article 6 shall prevail.
  2. Cancellation after the start of Services provision
    If an application is made for the Services whose duration is less than 2 months, or whose price is less than 50,000 yen, or if an application is made from overseas, the Services cannot be cancelled or terminated once they begin. A refund or money transfer cannot be made for the portion of Services unused due to the User's circumstances, such as absence or cancellation of accompanying support service.

    If an application is made from within Japan for the Services whose duration is 2 months or longer and whose price is 50,000 yen or more, JICE shall bill the User for the total amount equivalent to the consideration for the "Specified Continuous Services" that have already been provided and the amount specified by a Cabinet Order for each of the Services, as the amount of damages normally caused by the cancellation of the relevant "Specified Continuous Service Contract" (50,000 yen or an amount equivalent to 20% of the remaining contract amount, whichever is lower). If JICE has already received the fee for the Services from the User, JICE shall refund the total amount less the amount of damages to the User.
  3. * Section 3 of Article 6 shall prevail.
    Cancellation based on "cooling-off"
    If the application for Services is made from within Japan after receiving a telephone solicitation by JICE, or if the application is made from within Japan for the Services whose duration is more than two months or longer and whose price is more than 50,000 yen or more, a cancellation can be made within 8 days, including the day the document describing the contract detail is received, without any cancellation fees. Please contact JICE at the email address: nihongo-info@jice.org
  4. If a cancellation is due to the discontinuation of the Services by JICE, the fee shall be refunded; however, the fee for the portion of the Services already provided shall not be refunded.
  5. If the full Services are cancelled or postponed due to the shortage of applicants, the following shall apply:
    1. When the Services are cancelled, the applicants who have already paid the fee shall receive a full refund.
    2. When the Services are postponed the applicants who have already paid the fee will be presented with a new schedule and asked to accept the change. Applicants shall notify JICE of their acceptance or non-acceptance of the new Services schedule by the due date set by JICE. If applicants cannot participate in the entire portion of the new schedule, JICE shall refund the fee in full. If applicants wish to participate but cannot, as a result of the new schedule, the fee shall not be refunded, including the fee for the portion they cannot participate in.
  6. In principle, if parts of a course are cancelled or postponed due to JICE's convenience, they will be rescheduled for other dates. If the User provides notice of inability to attend the rescheduled dates by the due date set by JICE, the Services fee for the corresponding number of days shall be refunded. If the User fails to notify JICE by the due date set by JICE or notifies JICE of its acceptance or non-acceptance after the due date, the fee shall not be refunded.

Article 7 - Compensation for Damages

  1. If an applicant or User causes damage to JICE by violating these Terms of Use or engaging in fraudulent activities, JICE will be entitled to claim reasonable compensation from the applicant or User.
  2. JICE shall not be liable for any damage incurred by Users arising from the use of Services, except damage caused due to willful misconduct or gross negligence by JICE.
  3. If an applicant or User causes damage to JICE by violating these Terms of Use, JICE may demand compensation from the applicant or User for such damage.
  4. If an applicant or User causes damage to a third party by their performance of the Services or violation of these Terms of Use, the applicant or User shall bear sole responsibility for resolving the matter and shall not hold JICE liable in any way.

Article 8 - Management of URL, ID, Password, and User ID of Online Courses

  1. Users of the Services shall responsibly manage the URL, ID, and password of the online courses and user ID provided by JICE and shall bear all responsibility for managing and using the URL, ID, password, and user ID.
  2. If a User forgets the URL, ID, password, or user ID, or finds that they are being used by a third party or stolen, the User shall immediately report it to JICE and follow any instructions provided by JICE.
  3. JICE shall not be liable for any damage caused in relation to negligence in using the URL, ID, password, or user ID or use by a third party, except damage caused due from willful misconduct or gross negligence by JICE. In addition, JICE shall not be liable for any damage caused by the User's negligence or unauthorized use by a third party.

Article 9 - Operating Environment for Using Services

  1. Depending on the User's operating environment (e.g., hardware specifications of computers, smartphones, and tablets, software conditions, network environment, etc.), the Services may not work properly. It is the responsibility of applicants and Users to confirm, whether at time of application or prior to the beginning of the Services period, that their environment conforms to the system requirements of the online conference system designated by JICE.
    For Zoom system requirements, please refer to the following Zoom webpage:
    https://support.zoom.us/hc/ja/articles/201362023.
    JICE recommends using an internet connection with unlimited data communication and the latest version of Zoom.
  2. JICE shall not be responsible for any failure by applicants or registered Users to use the Services due to their operating environment.

Article 10 - Suspension of Service Use by JICE

  1. JICE may suspend the use of the Services without prior notice or warning to any User if it determines that any of the following apply:
    1. The User has violated these Terms of Use.
    2. The User has entered wrong information or made a false declaration when applying for the Services.
    3. The User has not paid the Services fee by the payment due date specified by JICE.
    4. JICE determines the User to be inappropriate for reasonable grounds other than those set forth above.
  2. JICE does not accept any questions or complaints about the suspension of the use of the Services for applicants or Users.
  3. JICE shall not be liable for any damage caused to Users due to the suspension of their use of the Services.

Article 11 - Changes, Suspension, and Cancellation of Services

  1. JICE may cancel or suspend Services operation in the following cases and shall assume no responsibility for such cancellation or suspension:
    1. when the Services cannot be provided as usual due to war, riot, disturbance, labor dispute, earthquake, eruption, flood, tsunami, fire, power failure, or any other extraordinary situation;
    2. when the system that provides the Services is undergoing periodic or emergency maintenance;
    3. when the system that provides the Services fails; or
    4. when it becomes technically difficult or impossible to provide the Services.
  2. When JICE cancels or suspends Services operation as outlined in the preceding paragraph, it shall notify Users in advance; however, this shall not apply in cases of an unavoidable emergency.

Article 12 - Prohibited Acts for Applicants and Users

  1. Applicants and Users shall not commit any of the following acts when using the Services, nor shall JICE be responsible for any trouble between applicants or Users as a result of the following:
    1. acts that infringe or may infringe upon any intellectual property rights or other rights of other applicants, other users, third parties, and JICE, as well as the copyrights of JICE training team members, including Articles 27 and 28 of the Copyright Act;
    2. acts that infringe or may infringe upon the properties or privacy of other applicants, other users, third parties, JICE, or JICE training team members;
    3. in addition to (a) and (b) above, acts that cause or may cause disadvantage or damage to other applicants, other users, third parties, JICE, or JICE training team members;
    4. acts such as transferring or allowing other users or third parties to succeed or exercise the right or title of a User;
    5. acts that slander other users, related parties, third parties, or JICE;
    6. acts that improperly collect or disclose information held by other users, related parties, or third parties;
    7. acts that are or may be contrary to public order and morals, or acts to provide other users or third parties with information that is contrary to public order and morals;
    8. criminal acts or acts that lead or may lead to a criminal act;
    9. election campaign or similar acts, whether during an election period or not;
    10. sexually, religiously, or politically-oriented acts;
    11. unauthorized use of the URL, ID, password, or user ID provided by JICE;
    12. using or providing a computer virus or other harmful computer programs through or in relation to the Services;
    13. any other acts that violate or may violate laws and regulations;
    14. acts to let other applicants, other users, or third parties other than applicants and users apply for the Services by proxy, regardless of their purpose; or,
    15. any other acts that JICE deems inappropriate.
  2. If damage is caused to JICE or a third party due to an act of an applicant or User that falls under the preceding paragraph, such applicant or User shall bear all legal responsibility and shall not bear ill will to JICE, even after losing their User status.

Article 13 - Personal Information

JICE takes the utmost care to protect the personal information of applicants and Users. Information on applicants and Users obtained by JICE in connection with the use of the Services shall be handled in accordance with the "Privacy Policy" published on the Website and the "Handling of Personal Information" described in the application form.

Article 14 - Entrustment

  1. JICE may, at its discretion, entrust all or part of the Services provided to applicants and Users, or the operation necessary for providing such Services, to third parties.
  2. Regarding the consignment stipulated in the preceding paragraph, when disclosing the User's personal information as necessary to a third party for business operation, the contract on the handling of the User's personal information shall be concluded between JICE and the third party.

Article 15 - Change of Registered User Information

For any change in the name, e-mail address, telephone number, or other registered user information, Users shall promptly request such change by contacting the address specified by JICE (nihongo-info@jice.org).

Article 16 - Intellectual Property Rights

  1. All patent rights, utility model rights, design rights, trademark rights, and any other intellectual property rights, such as information or files including screen and audio capture provided through the Services, and teaching materials and documents prepared by JICE, belong to JICE. Applicants and Users may use them only as provided in the Services and not in any other way, including, but not limited to, recording, reproduction, distribution, transfer, and automatic public transmission.
  2. If a dispute arises with a right holder or a third party in violation of the provisions of this Article, the applicant or User shall be solely responsible for resolving the dispute at its expense and shall not cause any disadvantage or damage to JICE.
  3. Users shall express and warrant to JICE that they have a legitimate right for submittal of the data submitted for the courses and that the submitted data does not infringe upon the rights of third parties.
  4. Applicants shall agree not to exercise the author's moral rights against JICE or parties who succeed to or are granted the rights by JICE in accordance with the provisions of the preceding paragraph.

Article 17 - Disclaimers

  1. JICE makes no warranty of completeness, accuracy, certainty, or usefulness of the information obtained by applicants and Users through the Services.
  2. Regarding the accompanying support service, no refunds shall be made even in the case of failure to complete procedures due to reasons not attributable to JICE, such as decisions by private companies or government agencies, as in the screening when opening a bank account.

Article 18 - Changes to Terms of Use

JICE may add, change, or delete the Terms of Use at any time (hereinafter referred to as "Change" in this and the following Articles). In such case, JICE shall disclose in advance the revised Terms of Use and the effective date thereof following Article 19 (Communications and Notifications) or by other reasonable means. If such notice is disclosed, the Change shall take effect on the notified effective date.

Article 19 - Communications and Notifications

Inquiries about the Services and notices, communications, and notifications from applicants and Users to JICE, and notifications on Changes to these Terms of Use, other communications, and notifications from JICE to applicants and Users shall be made by the method specified by JICE.

Article 20 - Inquiry Method

Inquiries about the Services shall be sent from the "Contact Us" page on the Website.

Article 21 - General Terms

  1. These Terms of Use shall be governed by and construed in accordance with the laws of Japan.
  2. Any lawsuit or proceeding arising out of or related to this agreement between JICE and an applicant or User shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
  3. If any provision of the Terms of Use is determined to be invalid or unenforceable, the valid or enforceable part of such provision and the remaining provisions of the Terms of Use shall remain valid and enforceable.
  4. JICE, applicants, and Users shall be bound only by the Terms of Use written in Japanese. The Terms of Use translated into English or other languages are for reference purposes only. If any conflict between the terms in Japanese and the translated version is found, the terms in Japanese shall prevail.

(Prepared September, 1st, 2021)

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