Effective: December 16, 2017
My Taiken (“my-taiken.com”) owns and operate this Website. The teachers are the professionals who perform the service (“experience”). This document governs your relationship with my-taiken.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and my-taiken.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of my-taiken.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Your my-taiken.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase an experience on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price and availability of the teachers. We do not accept reservations for experiences to be organized within 2 weeks or less from the date you schedule the experience. For example, if you access Your Onlinemy-taiken.com on June 1 to make a reservation, you will only be able to schedule an experience from June 15. We need time with the teachers to confirm and prepare the experience.
In order to contract with my-taiken.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You will be requested to upload a copy of your ID or passport before being able to pay for the experience in order for us to confirm your identity. My-taiken.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be my-taiken.com or may in some cases be a third party. Where a contract is made with a third party my-taiken.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of services may fluctuate. All prices advertised are subject to such changes.
We will donate a percentage of the platform’s revenues to official Japanese Culture associations in Japan
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the experience is scheduled and that we confirmed the payment for the experience. Only those services listed in the confirmation e-mail sent at the time of payment and schedule confirmation will be included in the contract formed.
We will make reasonable efforts to confirm the schedule of the experience with the teachers within two days and contact you by e-mail to update the order’s information.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The prices displayed on the website include the legal Japanese 8% VAT rate.
We use Stripe to manage and secure the payments on my-taiken.com.
A wide range of payment methods is available, including Visa, Mastercard, American Express, JCB, Discover, and Diners Club.
Once the schedule is confirmed for your experience, you will be able to pay for your order. Please pay within 2 days. We confirm the payment and share the details of the experience (including the address, map, teacher’s contact information) on the details page for your order on your account.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law my-taiken.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
My Taiken and the teachers will not be liable for any issues before, during, and after the experience. You should contract proper travel and personal injuries insurances by yourself.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with my-taiken.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to my-taiken.com
You agree to indemnify, defend and hold harmless my-taiken.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Governing Law, Venue
The Service and the legal relations among the parties hereto will be governed by and construed in accordance with the laws of Japan. The parties consent and submit to the exclusive jurisdiction of the courts of the Tokyo District Court.
my-taiken.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and my-taiken.com Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of my-taiken.com.
Contacting My Taiken
Please also feel free to contact us if you have any questions about My Taiken’s User Terms of Service. You may contact us at firstname.lastname@example.org.
The following contents cover the cases when a refund may occur and detail the refund conditions. Please review carefully before placing an order and contact us if you have any question.
After the payment for an experience, the following rules will apply for cancellation:
- After confirmation of the payment, you will not be able to receive a refund if you decide to cancel your experience. We cannot reschedule an experience already paid.
- In case of natural disaster, weather conditions, problems with teacher’s availability or for any other reason, we will have the right to cancel your order anytime and you will receive a 100% refund.
Information we collect and receive
Content and information you submitted is referred to in this policy as “Customer Data.”
- Account creation information. Users provide information such as an email address, name, other contact information and password to create an account. We may send you e-mails to share new features, development regarding the service and you can opt out anytime. We will also collect and store a copy of your ID or passport prior to the payment for the experience for identity confirmation purposes.
- Billing and other information. During checkout when using our payment provider, you may choose if you want or not to store the payment information for future purchase
- Services usage information. This is information about how you are accessing and using the Services, which may include administrative and support communications with us.
- Log data. When you use the Services our servers automatically record information, including information that your browser sends whenever you visit a website or your mobile app sends when you are using it. This log data may include your Internet Protocol address, the address of the web page you visited before using the Services, your browser type and settings, the date and time of your use of the Services, information about your browser configuration and plug-ins, language preferences, and cookie data.
Cookies are small text files sent by us to your computer and from your computer or mobile device to us each time you visit our website. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire.
Some cookies are associated with your account and personal information in order to remember that you are logged in and which teams you are logged into. Other cookies are not tied to your account but are unique and allow us to carry out site analytics and customization, among other similar things.
In addition, we use third parties like Google Analytics for website analytics and other advertising technologies in order to share relevant offers with you.
How we use your information
We use your information to provide and improve the Services.
My Taiken may access and use Customer Data as reasonably necessary and in accordance with your instructions to (a) provide, maintain and improve the Services; (b) to prevent or address service, security, technical issues or at your request in connection with customer support matters; (c) as required by law and (d) as set forth in our agreement with you or as expressly permitted in writing by you.
Research and marketing
We may disclose or use aggregate or de-identified information for any purpose. For example, we may share aggregated or de-identified information with our partners or others for business or research purposes like telling a prospective customer the number of experiences booked on My Taiken.
We take security seriously. We take various steps to protect information you provide to us from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the information we collect, process and store, and the current state of technology.
Our Services are not directed to children under 18. If you learn that a child under 18 has provided us with personal information without consent, please contact us.
If you have any questions about your information, our use of this information, or your rights when it comes to any of the foregoing, contact us at email@example.com.