User Agreement for Cooking Class Platform Washocook
Washocook Co. Ltd. (hereafter referred to as "the company") will establish the Washocook website (hereafter referred to as "the website," while the services offered in coordination with foreign instructors on the website, including cooking classes, will be referred to as "the services"), which is a platform to introduce users to cooking classes hosted by Japanese instructors. Before utilizing the services, you are required to agree to the terms of this user agreement (hereafter referred to as "the user agreement"). Please be aware that separate stipulations pertaining to the operation of the services (e.g. "Notes on Using Our Services") as well as various rules posted on the website and other arrangements will be treated as components of the user agreement. Members and instructors are advised to consult these ancillary rules and guidelines as well as the latest version of the user agreement.
Article 1 (Definitions):
The meaning of the following words as they pertain to the user agreement are defined below.
1. "Instructor": Japan nationals who have agreed to the terms of the user agreement and host cooking classes offered through the website.
2. "Gust": those who have agreed to the terms of the user agreement and participate in classes under the tutelage of an instructor.
3. "Class": cooking classes hosted by instructors whose principle objective is to teach the skills required to cook various international cuisines.
Article 2 (Enrollment in Classes and the Cancellation of Enrollment):
1. Guest should apply to enroll in the classes of their choosing according to a procedure set out separately by the company.
2. Only if the instructor has good reason, there is a chance that the content of the class will change, even after enrollment for the class by the guest has been completed. The company is not responsible for any changes in the content of the class conducted by the instructor.
3. The company is not obliged to confirm the content of the class posted on the website, and the company will also not be held responsible for the contents of the class.
4. Once you book a class, there will be no refund if you cannot attend. You can ask your friend to attend if you cannot attend.
Please only book if you wish to attend. Cancellation is prohibited, If you are unsure of your schedule, please book once you know for sure.
Please contact Washocook office if your payment may be after the due date.
Disclaimer
* If class cannot be held due to teacher's illness or family illness, another class will be scheduled. If you cannot attend rescheduled class, full refund will be made.
* If classes are cancelled due to natural disaster, another make up class will be held later. If you cannot attend rescheduled class, full refund will be made.
* If there are unexcepted incidents such as relocation or hospitalization, Washocook will make the decision.
Article 3 (Enrollment Rules, Prohibitions/Points of Note):
1. Please make sure to arrive on time for class. As a courtesy to other members, please alert the instructor if you will be late (e.g. due to traffic). In the absence of notification, you may be refused entry to the class.
2. Please do not bring in any outside food or alcoholic drinks to class. While on principle, due to hygienic considerations, we do not allow guests to bring home any food cooked during class, we can allow this on occasion if the guests agrees to bear sole responsibility for any mishaps. Please be aware that in such case, neither the company nor any instructors will accept responsibility for any damages
3. We strongly recommend that members do not bring valuables to class. Any valuables that are brought to class are the member's responsibility and the company will not accept any responsibility for damages arising from the loss/theft of these valuables.
4. No soliciting for sales/religious/group membership is allowed within the class.
5. We do not substitute ingredients or segregate cooking implements to avoid exposure to specific allergens. Members with allergies should consult with the instructor of a class prior to enrollment to determine whether the ingredients list is safe for them.
6. In the event of death or injury during a class, the company and instructors are not responsible for damages beyond what is prescribed by our insurance policy.
Article 4 (Mandatory Withdrawal):
1. The following actions by guests or instructors will be grounds for mandatory withdrawal from the class:
(1) Actions that violate or threaten to violate the intellectual property rights (including but not limited to copyright, know-how, patent rights, utility model rights, or trademark), privacy rights, the security of private information, or other rights (including actions that cause or threaten to cause suffering, financial loss or psychological injury to another person) of instructors, guests, or a third party.
(2) Actions that contravene or threaten to contravene public order and standards of decency.
(3) Expressions of violence, invitations to illegal activity, or intimations thereof.
(4) Actions that hinder the operation of the website or services, or that threaten to do so. (5) Actions that damage the credibility of the website or services, or that threaten to do so.
(6) Unauthorized acquisition or use of member IDs or passwords.
(7) Any use of the website or services while posing as a person other than yourself.
(8) Any other actions in addition to those described above which the company deems to be unacceptable.
2. In the event of an action or behavior corresponding to those described above, the company may choose to deny teaching licenses (for instructors) or impose mandatory withdrawal from classes (for members).
Article 5 (Compensation for Damages):
1. In the event that an instructor or Guest inflicts damages on the company through conduct pertaining to the website or services that contravene the conditions of the user agreement, the instructor orguest is required to indemnify the company for the damages incurred.
Article 6 (Handling/Confidentiality of Personal Information):
1. The company will follow all privacy laws and other applicable guidelines as well as the company's independently specified privacy policy when handling personal information of guests or instructors during the delivery of services.
2. Instructors/guests agree that the company will use the personal information it is provided during the delivery of services for the purposes listed below.
(1) When the information is necessary to administer instructors/guests for the delivery of services.
(2) When providing information regarding the services.
(3) When carrying out the duties and obligations set out in the user agreement or circumscribed by the law.
(4) For use in marketing research or analysis to maintain quality control or to improve the website/services.
(5) To respond to inquiries regarding the website/services.
(6) For matters concerning the website/delivery of services, or to provide information on additional services.
(7) For system maintenance and troubleshooting.
(8) When sending emails or messages as prescribed by Article 8 Clause 6.
(9) For other purposes provided that the company obtains prior permission from the instructor or guests.
3. The company will only provide third parties with the personal information of guests/instructors or utilize the information beyond the extent required for the delivery of services under the conditions set out below.
(1) With prior approval from the instructors/members.
(2) When necessary for the company to exercise its rights regarding the services.
(3) In the case of transfers to a successor entity during a merger or transfer of operations.
(4) When permitted under privacy protection laws.
(5) When compelled to do so by official bodies such as government and municipal offices.
4. The instructor/Guest is understood to have agreed to the use of their personal information by the company pursuant to Clause 2 and 3 of Article 11.
5. If Guests/instructors request that the company disclose/delete/correct any personal information provided with regards to the website or services, the company will comply promptly as soon as it can be determined that the request originates from the gusts/instructor in person. The contact information for the company is as follows:
Washocook Co. Ltd. Administrative Offices
Telephone number: 042-748-4742
Email: noriko.tominaga@washocook.com
Article 7 (Photography and Consent):
1. Reporters/photographers may enter a class without prior notice. Instructors/guestsagree to allow photographs/video obtained during such occasions to be displayed on the company website or other applicable media. Those who do not want to be photographed or filmed should notify their instructor beforehand.
Article 8 (Miscellaneous Provisions):
1. The company reserves the right to alter, add, or discontinue services in part or in their entirety without prior notice to instructors/guests if forced to do so. However, in the event of a wholesale discontinuation of services, the company will provide at least 1 month's notice to instructors/guests via methods deemed appropriate by the company.
2. Classes may be canceled or delayed due to unavoidable circumstances including natural disasters or insufficient enrollees. The recipe/ingredients may also be altered without prior notice if procurement of the ingredients is hampered by inclement weather or regional issues.
3. The company will not accept any responsibility for damages arising from the changes described in the previous Clause.
4. In the event that instructors/guests inflict damages on others or otherwise provoke a dispute, those involved in the dispute are responsible for providing any funds required for its resolution.
5. The company reserves the right to send email or messages containing advertising or informational material concerning the services.
6. All rights (including ownership rights, intellectual property rights, rights to the usage of a likeness, and publicity rights) to the contents of the website or services (including text, photographs, illustrations and video, and hereafter referred to as "content matter") belong to the company or other rights-holding entity. Furthermore, any text distributed inside the class by instructors cannot be disseminated on websites, blogs, SNS, or other media without prior consent from the instructor and other rights-holding entities.
7. The company does not guarantee the usefulness, safety, class contents etc. of the service and the classroom.
8. If the user agreement contract with the member falls under Article 2, Paragraph 3 of the Consumer Contract Act (Act No. 61 of May 12, 2000), the provision which completely exempts our responsibility from the user agreement shall not apply. In the case where the contract based on the user agreement falls under the consumer contract, and the company assumes liability for damages based on default or illegal acts, except for cases where there is deliberate or gross negligence on the company, the company shall assume the liability for damages, with the upper limit of damage suffered directly by the member, and shall not bear the responsibility for damages etc. (including cases with foreseeable occurrence of damages) arising from special circumstances.
Article 9 (Cessation of Membership and Expulsion Due to Involvement in Anti-social Forces):
1. The company reserves the right to temporarily cease instructor rights or expel members/instructors without prior notification if a person is judged to be a member of or closely associated with anti-social forces or groups (this includes any group involved in anti-social activities). The company will not be held culpable if this results in any damage or loss.
Article 10 (Applicable Law):
1. Japanese law should be used to interpret the user agreement.
Article 11 (Negotiation/Jurisdiction):
1. In the event that a dispute arises involving guests/instructors/the company with regards to the website or services, the involved parties agree to negotiate autonomously and in good faith to resolve the dispute.
2. In the event of a lawsuit between instructors/guests and the company, the parties agree that the Kanagawa District Court shall be the exclusive jurisdictional court for the proceedings.
Article 12 (Revisions to the User Agreement)
1. The company may choose to revise the user agreement as necessary. The publishing of the revised agreement on the website will cause the revisions to immediately go into effect for all instructors and members.
This Agreement has been drawn up in the Japanese language. This is only an English courtesy translation. In case of discrepancies between the Japanese text version of this Agreement and any translation, the Japanese version shall prevail.
Established and put into effect on July 15th 2018 .