Terms of Service (For Institutional Customers)

Article 1 – Scope

  1. These Terms of Service (hereinafter, “these TOS”) specify conditions of the provision of the Service (defined in Article 2), and the rights and duties of the Company (defined in Article 2) and the Institutional User (defined in Article 2). In addition to these TOS, the Company may also prescribe separate rules, guidelines, etc. concerning use of the Service. In such cases, said rules, guidelines, etc. shall be deemed a part of these TOS and accordingly shall be applicable to the Institutional User’s use of the Service. In order to use the Service, the Institutional User must read and consent to the TOS.

 

Article 2 – Definitions

The following terms used in the TOS are defined as follows.
(1) “The Company” refers to The Japan Times Publishing, Ltd.
(2) “The Service” refers to the digital content sales and reading services run by the Company.
(3) “The Website” refers to all websites located at https://store.jtpublishing.co.jp, its subdomains, and domains linked from the aforesaid.
(4) “Digital Content” refers to the content provided by the Service through electronic means. The Digital Content provided by the Service comprises “e-books” and “downloadable products.”
(5) “e-books” refers to Digital Content that can be read on the e-book reading website operated by the Company, within the term of the subscription purchased. In some cases, the use of a particular e-book may be limited to only individual users, or only institutional users (schools, businesses, and other institutions).
(6) “Downloadable products” refers to Digital Content that is downloaded to personal computers, tablets, smartphones, or other digital devices, and can be used indefinitely.
(7) “The Institutional User” and “Institutional Users” refer to users of the Digital Content provided by the Service that are universities/colleges, high schools, junior high schools, vocational schools, other educational institutions, training institutes, volunteer organizations, and businesses or other organizations that carry out internal training. Use by individual users is governed by the Terms of Service for Individual Users.

 

Article 3 – User Registration

  1. User registration is required for use of the Service. Institutional Users can carry out user registration by registering the required information on the Website according to the method prescribed by the Company.
  2. The Institutional User must report said required information to the Company in an accurate and up-to-date manner.
  3. If a change occurs in the information registered, the Institutional User must promptly notify the Company of the change.
  4. The Company assumes no liability for any damages or losses incurred by the Institutional User due to inaccuracies or misrepresentations in the registered information, or due to failure to report changes in the registered information.

 

Article 4 – Management of User ID and User Password

  1. A user ID is issued to the Institutional User upon completion of user registration. The Institutional User sets its own user password.
  2. The Institutional User is obligated to carefully manage and store the user ID and user password, and to refrain from enabling third parties to use them, be it through loan, transfer, sale, or other means. The Company assumes no liability for any damages or losses incurred by the Institutional User due to inadequate management of the user ID and user password.
  3. In the event that the Institutional User loses or forgets its user ID or user password, or determines that they have been used by a third party, the Institutional User shall immediately notify the Company of that situation.
  4. The Company considers any use of the Service through the user ID assigned to the Institutional User and its user password to be use by the Institutional User, regardless of whether or not the Service was actually used by the Institutional User; the Institutional User shall bear full liability for all consequences of said use.

 

Article 5 – Payment of Digital Content Subscription Fees and Prices

  1. In order to subscribe for an e-book available to institutional users, the Institutional User is to place an order according to the method prescribed by the Company. The Company, after confirming payment of the subscription fee has been made, issues the Institutional User a notice of approval of the order. It is at this point that the subscription contract is deemed to have been established.
  2. The subscription fees charged for each different subscription period and the number of users for an e-book available to institutional users shall be the subscription fees listed on the subscription fee page of the Website.
  3. The period of the subscription and number of users cannot be changed once the subscription contract has been established. However, the number of users can be increased if the Company is notified to this effect within 30 days following placement of the order.
  4. In cases where the Institutional User wishes to continue using a subscribed e-book following the conclusion of the current subscription contract period, the User can do so by completing the renewal procedure prescribed by the Company and paying the subscription fee prior to the final day of the current subscription contract.
  5. In order to purchase a downloadable product, the Institutional User is to place an order according to the method prescribed by the Company. The Company, after confirming payment of the product’s price has been made, issues the Institutional User a notice of approval of the order. It is at this point that the purchase contract is deemed to have been established.
  6. The price of each downloadable product is the institutional user price listed for it on its product profile page.
  7. No refunds are provided for e-book subscription fees and downloadable product purchases paid by the Institutional User.
  8. The subscription fees charged for Digital Content on the Website are to be paid through either of the following third-party payment services. The Company does not record credit card numbers.
    (1) Credit card services hosted on the Website
    (2) PayPal Pte. Ltd.

 

Article 6 – Use of Digital Content

  1. For e-book subscriptions, the Company sends the Institutional User reading IDs and reading passwords for the subscribed e-book, in a quantity based on the number of users, within five business days from completion of payment, via email to the address provided to the Company by the Institutional User.
  2. The Institutional User is to assign one reading ID and one reading password to each course taker, who must be either a student enrolled at the Institutional User or a participant in a training program, etc. run by the Institutional User.
  3. For downloadable product purchases, the Company sends the Institutional User a link to the product downloading page immediately after completion of payment, via email to the address provided to the Company by the Institutional User.
  4. Information and notifications concerning Digital Content are to be provided to the Institutional User by the Company through either or both of the following means.
    (1) Posting on the Website
    (2) Email sent to the address provided to the Company by the Institutional User
  5. The Institutional User is responsible for preparing the following user environment requirements.
    (1) Software, devices, and Internet connection for reading or downloading Digital Content
    (2) Email account for receiving notifications from the Company
  6. The Company assumes no liability for the Institutional User’s inability to access Digital Content or receive notifications due to the fault of the Institutional User, including incorrect entry of information by the Institutional User.

 

Article 7 – Copyrights

The copyrights on Digital Content provided by the Service are held by third-party copyright holders or the Company.

 

Article 8 – Scope of Use for Digital Content Institutional Users

  1. The use of Digital Content must conform with the scope of use and restrictions stated in these TOS, other guidelines, and the Digital Content product profile pages.
  2. Digital Content may be used in classes (including online) run by the Institutional User. However, it may not be used in video streaming services, etc. not targeted at specific viewers.

 

Article 9 – Prohibitions

Digital Content Institutional Users are prohibited from engaging in the following acts.
(1) Copying, reproducing, modifying, displaying, or streaming of Digital Content without the prior consent of the Company.
(2) Redistribution (transfer, sale, or loan) of Digital Content, or storage of Digital Content for such purposes.
(3) Acts that infringe upon the intellectual rights of the Company or third parties (including, but not limited to copyrights, design rights, utility model rights, trademarks, and patents).
(4) Acts that the Company deems as disadvantageous to it.
(5) Acts that contravene public order and morals, or laws and regulations.
(6) Others acts that the Company deems to be improper.

 

Article 10 – Response to Violations of TOS

The Company reserves the right to demand the Institutional User to provide compensation for damages in the event that violations of these TOS are discovered.

 

Article 11 – Termination of Service

The Company reserves the right to terminate provision of the Service to the Institutional User without prior notice to the Institutional User in any of the following cases. Furthermore, the Company will not refund the subscription fees received.
(1) The Institutional User has failed to pay the subscription fee on time (including cases where the credit card specified by the Institutional User for subscription payment cannot be used to settle the subscription fee for the Service).
(2) The Institutional User has violated any of the provisions of this agreement.

 

Article 12 – Exclusion of Antisocial Forces

The Institutional User affirms the following to the Company.
(1) The Institutional User is not an organized crime group, a company affiliated with an organized crime group, corporate extortionist, an entity equivalent to the aforesaid, or a member of the aforesaid (hereinafter these are collectively referred to as “antisocial forces”).
(2) The Institutional User’s officers (employees who execute operations, directors, executive officers, and the equivalent of the aforesaid) are not antisocial forces.
(3) The Institutional User does not, and will not, allow antisocial forces to enter into this agreement using its name.
(4) The Institutional User does not, and will not, engage in the following acts directly or through a third party.
i. Using threatening language/actions or violence against someone
ii. Making unreasonable demands that exceed legally defined duties
iii. Obstructing someone’s business through fraud or authority, or tarnishing someone’s reputation

 

Article 13 – Suspension of Service

The Company reserves the right to suspend the Service in any of the following cases.
(1) The system through which the Service is provided requires scheduled or emergency maintenance.
(2) An associated electronic delivery system, payment system, etc. is stopped or terminated.
(3) Other cases where the Company deems suspension of the Service to be necessary.

 

Article 14 – Response to Loss of User Access to Digital Content due to Company System Failure 

While the Company will do its best to prevent system failures, the Digital Content Institutional User acknowledges that such problems may occur.

 

Article 15 – Modification and Termination of Service

  1. The Company reserves the right to modify or terminate the Service for its own reasons.
  2. In cases where the Company will terminate the provision of Service, it shall provide notice well in advance.
  3. The Company assumes no liability for damages incurred by the Institutional User in relation to measures that the Company took pursuant to this article.

 

Article 16 – Modification of TOS

The Company reserves the right to modify these TOS when it deems changes to be necessary.

 

Article 17 – Compensation for Damages

The Company is liable for compensation of damages incurred by the Digital Content Institutional User due to a reason for which the Company bears responsibility, limited to no more than the amount paid to the Company by the Institutional User.

 

Article 18 – Exclusion of Liability

  1. The Company assumes no liability for damages or losses incurred by the Institutional User as a result of the partial or full stoppage, interruption, or delay of the Service due to natural disasters, wars, terrorist acts, riots, labor disputes, infectious diseases, enactment/amendment/abolishment of laws and regulations, government intervention, or other forms of force majeure. 
  2. The Company is not liable for any disadvantages or damages resulting from the use of Digital Content.
  3. The Company is not liable for any disputes arising over the content of Digital Content.

 

Article 19 – Governing Law and Jurisdictio

  1. These TOS are governed by the laws of Japan
  2. The Tokyo District Court is by consent the exclusive court of first instance for any lawsuits concerning these TOS.

 

Article 20 – Handling of Personal Information 

For details on the handling of personal information, see the Privacy Policy prescribed separately.

 

September 20, 2022