Enuncia Online Community
User Service Agreement
Welcome to Enuncia Community!
When you access and use (or continue to use) this Enuncia Online Community (“Enuncia,” “Website,” or “We”), or enroll as a member (“User(s),” or “You”) of the website, you shall be deemed to have agreed to be bound by the terms and conditions set forth under this Enuncia User Service Agreement (“Service Agreement”, or “Agreement”) and any other agreement, policy, guidelines that are listed below or referred to herein (collectively referred to as “Terms of Service”). If you disagree with the Terms of Service, please stop accessing this Website immediately.
Service Contents and Items
- The Enuncia online community is an online language exchange community. The purpose of this service is to enable users who wish to exchange languages to search, browse, post and share information on topics of their own interest using the Internet. The services provided by the Website include, but are not limited to, online community services, video streaming services and other services as updated by the Website from time to time.
- Enuncia shall assist in clarifying the process and facilitating the resolution of any disputes between users, and Enuncia shall not be liable for any actions of users, and users shall not act on behalf of the Site without the Site’s written consent.
The Scope and Amendment of the Agreement
- Enuncia reserves the right to update, amend, and supplement this Agreement to maintain this Website from time to time. Each such update, amendment, or supplement shall form part of this Agreement. In case there is any amendment or update or supplement to this Agreement, the Website will make update announcements on its website or applications, or otherwise notify you. Should you continue browsing or using this Website, you agree to be bound by the terms and conditions as updated; otherwise you shall stop accessing the Website and may contact us for further assistance.
Membership Types and Eligibility
- This Website is only available to individuals who are over the age of 18 and have the legal capacity to conclude binding contracts, unless the applicable laws state otherwise. If you are under the age of 18, or do not have the legal capacity to sign a contract on your own, as per the applicable laws, you shall obtain the consent from your legal guardians. The Website has the right to reject your access to this Website, should you do not meet the aforementioned eligibility requirement.
- The term User refers to those who uses the Website, completes the admission process on the Website and searches for, browses and posts topics.
- Monthly subscription for online communities
- Monthly subscription plans in the online community are billed on a monthly basis. You will be billed continuously before each monthly subscription period.
- At the end of each monthly subscription period, the monthly subscription will automatically renew under the same terms and conditions unless you or we cancel the monthly subscription.
- If a monthly subscription bill is not paid for any reason, the Website may immediately cease to provide the Services to the User concerned.
- We are free to amend the monthly subscription and other charges at any time. Any modification of the monthly subscription fees will apply at the next renewal of the monthly subscription period.
- Prior to any modification of the charges for a monthly subscription, we will send the User a prior notification in order to give the User the opportunity to decide on the continuation of that monthly subscription.
- If the User continues to use the Service after a change in the monthly subscription fee, the User is deemed to have agreed to that change in the monthly subscription fee.
- Cancellation of monthly subscription
- You can cancel your monthly subscription at any time.
- The monthly subscription is a purchase contract for the month following the month of application.
- If a User applies for cancellation of a monthly subscription before the last day of each month, the subscription will be valid until the end of the following month and payment will be made for the following month.
- In any case, any monthly subscription fee paid before cancellation will not be refunded.
- Free trial
- The Website may, at its discretion, offer a free trial for a limited period of time for the monthly subscription.
- If the User does not cancel the subscription before the end of the free trial period, the relevant monthly subscription fee will be automatically charged.
- We may, at any time, change the terms and conditions of the free trial and cease to offer it.
- Monthly subscription for online communities
- In the event of a refund, the total amount will be calculated and credited to your account in accordance with our terms and conditions.
- The monthly subscription shall become void once Enuncia has completed the refund process.
- You acknowledge and agree there are certain procedures for the refund process. Enuncia will complete the refund within 30 weekdays upon receiving your confirmation.
Terms and Conditions of UseYou agree to abide by the following user policy. If you disagree with any of the terms and conditions set forth below, please stop accessing the Website immediately.
- The Member account(s) as provided by the Website is(are) solely for your personal use. You shall not sign up for, or use, more than one account, or otherwise make your account available to a third party either for a fee or free of charge.
- You shall keep your account properly and secure the account. In case of any mistake or identity fraud, you shall notify the Website as soon as practicable by endeavouring to provide relevant information for the Website to investigate.
- You shall ensure the accuracy and completeness of personal information provided to us for registration purpose and shall keep it updated, as per the request of the Website.
- You shall review all the notifications made available by the Website. You shall review all the announcements of the Website concerning service process and policies of the websites on a periodical basis; you shall access the Website on a periodical basis.
- You shall be responsible for any electronic device, equipment, Internet access used for using the service through the Website and shall ensure their availability. If you are unable to use the service due to any technical errors or glitches that are not attributable to the Website, the Website shall bear no costs and/or losses incurred; you shall have no right to request that refund the monthly subscription fees.
- You shall not, by way of bots or other means, change, delete, or destroy, the data or equipment of the Website. You shall not utilize loopholes (if any) embedded in the design of the Website, bypass the security measures to change, delete, or collect the data on the Website, or use techniques that may otherwise affect the operation of the Website.
- You shall not abuse any coupons, cause yourself or others to receive unlawful benefits, or otherwise use the marketing and rewarding policies not explicitly permitted by the Website.
- In case of disputes arising from the payment or refund, you shall endeavour to cooperate with the Website by providing relevant information for investigation and cooperate with banks, financial institutions, or other relevant authorities to complete the investigation process.
- You shall not solicit or entice away any User, or encourage them to leave or cease to use the Website, or try to do so.
- Users shall not use bots, etc. to influence the evaluation of the Site by means of profiteering, threats, intimidation or other methods, or to influence the evaluation of others with regard to a particular user.
- You shall not use the Website for false or illegal transactions.
- You shall not infringe upon the rights of the Website or Members, including the infringement of others’ copyrights, trademarks, patents, trade secrets, and other intellectual property rights.
- You shall not upload information publicly via the Website, send private messages, or make comments or do such acts during the usage of the service that involve indecency, obscenity, defamation, inaccuracy, abusiveness, unlawfulness or otherwise that can make others uncomfortable. You shall not harass, or send messages irrelevant to the services to other Members.
- You shall not, by words or conduct, harass, hurt, threaten, or stalk other Members of the Website.
- You shall not discriminate against Members of the Website, by words or conduct, based on race, social class, language, ideology, religion, political opinion, ancestral home, place of birth, gender, sexual orientation, age, marriage, appearance, facial features, physical and mental disabilities, horoscope, blood type, etc.
- You shall not promote for-profit or non-for-profit advertisements through the Website for yourself or on behalf of others without the written consent of the Website.
- You shall be bound by the terms and conditions set forth under the Service Agreement of the Website as per the principle of good faith and shall abide by the local laws and regulations as applicable in your jurisdiction and shall not engage any misconduct that may harm the Website, Members, or third parties.
Data ownership and Safe Use Policy
- Ownership of this Website: The Website, all creations, trademarks, patents or other intellectual property rights belong to the Website or a third-party so authorized. Unless otherwise specified under the Service Agreement, the Website does not grant you any express or implied rights.
- Member Ownership: Subject to the preceding article, the copyright and data (“User Content”) in connection with what you have created, uploaded, stored, and published on the Website shall belong to you. You agree and undertake that you have the proprietary rights of User Content and do not infringe the rights of any third party. In cases where you notice any infringement, please contact us immediately and provide relevant evidence.
- User Content Authorization: You hereby grant irrevocable authorization to the Website to use User Content, free of charge, on a permanent, non-exclusive, and transferable basis. You agree that the Website can use the User Content by virtue of manners including, but not limited to the following: viewing, reproducing, modifying, issuing, distributing, public presentation, public broadcasting, public release, public performance, and public transmission, on a paid basis or free of charge, in order to maintain, upgrade or amend the function of this Website, or promote, or market this Website.
- Privacy expectation: You understand and agree that the Website is a public forum with a variety of users. All information you upload, store, and publish is not confidential, which information includes, but is not limited to, your comment made on the Website, the communications between you and the Website or other Members through the Website. Please pay attention to your privacy and data protection.
- Security control mechanism
- You may request this Website to remove the information that you have uploaded, stored, or published on the Website. However, such a request may render you no longer able to access this Website.
- You understand and agree that where your User Content involves copyright infringement dispute or affects other Members’ rights to use the Website, the Website shall, at its own discretion, suspend or remove what you have uploaded, stored, and published on the Website; the Website may, at its own discretion, suspend or terminate your rights, in whole or in part, to access or use this Website. If any of the above-mentioned circumstances are attributable to you, you are not entitled to claim any damages arising from the suspension or removal of what you have uploaded, stored, or published, or the termination of your access the Website.
- Principles of dispute resolution: the service is intended for language exchange between users.
- Filing a complaint: complaints regarding refunds of monthly subscription fee may, in exceptional cases, be filed in writing by the user with the Site and shall be subject to the dispute resolution procedure established by the Site. However, the complaint must be lodged within 3 working days after the dispute arises and the Site may refuse to deal with the complaint if the requirements and prescribed timeframe are not met.
- Dispute resolution deliberations: the user must provide relevant evidence to support the facts required for the purpose of dispute resolution. Deliberations on dispute resolution shall be made in writing. However, the Site may, for justifiable reasons, invite both parties to a designated venue for an oral explanation.
- Deliberation of Dispute Resolution:Both parties shall provide relevant evidence to support the facts needed for dispute resolution purpose. The deliberation of the dispute resolution shall be done in writing; the Website may, however, invite both parties to a designated venue for oral presentation, if the circumstances so justify.
- Handling of the Dispute Resolution: The Site may decide whether to perform the service in question, taking into account all evidence. If either of the disputing parties has good reason to terminate the Service Agreement, the Site may adjust the disputed matter appropriately.
The Legal Effects of Breach of this Service Agreement
- Where the User violates the Service Agreement, the Website may adopt measures, which include but are not limited to:
- Removing any such content from the Website or any other platforms under the control of Enuncia as and when we consider appropriate and necessary.
- Suspending the account of that User who violates the terms and conditions hereunder.
- Terminating the account of the violating Member.
- In the event that the User violates this Service Agreement, Enuncia may adopt all or part of the measures listed in Article 9.1 on Website’s sole discretion.
- In cases where a User account is suspended or terminated, he/she cannot access the Website either temporarily or permanently. The Website reserves the right to suspend or terminate any User’s account without prior notice. If the membership is terminated, the Member may no longer access, change, or delete the information stored or uploaded onto the Website.
- If the User attempts to evade the payment of tuition fees, or cause others to do so, the User shall pay the monthly subscription fees due to the Website in full.
- Where the User violates the Service Agreement, the Website may adopt measures, which include but are not limited to:
Liability and Exclusion
- The User is responsible for the truthfulness, accuracy and compliance with applicable laws and regulations of the information provided by the user on the registration page.
- The Website provides no guarantee for the authenticity, safety, and accuracy of the content, advertisement, or other information owed by third parties rather than the Website for the purpose of business operation, and whether such information is compliant with the applicable laws.
- The Website provides no guarantee in the case of the suspension or interruption of the services that arise from the fault of a third-party supplier.
- The Website provides no guarantee in the case of the suspension or interruption of services as a result of force majeure such as war, major fire, flood, typhoon, earthquake, outbreak of contagious diseases.
Termination of the Service agreement
- The User may terminate the Service Agreement with the Website at any time. However, monthly subscription that existed prior to the termination shall not be affected.
- The Website is still obliged to assist Members in performing their obligations already incurred under the Service Agreement prior to the termination of the Service Agreement.
- User shall continue to perform their obligations already incurred under the Service Agreement before the Service Agreement is either terminated by User. The Website may, insofar as it performs its obligations under the Service Agreement, continue to charge User services fees and surcharge in connection with the use of the Website.
- The User shall continue to fulfil the obligations under the Service User Agreement which the User had already incurred prior to the termination of the Service User Agreement. The Website may continue to charge the User service fees and surcharges incurred in connection with the use of the Website as long as the User fulfils his/her obligations under the Service Usage Agreement.
- This Article, the terms and conditions under Article 7, 8, and Article 11 shall survive after the termination of the Service Agreement.
Liability for damages and ceilingIn cases where user suffers any damages for reasons that can be attributable to the Website, the Website shall be liable for compensation such damages up to the total amount of the monthly subscription fee.
- This Website is operated and powered by Enuncia, a Japanese company with its registered address at 521 Okuohono, Omiya-cho, Kyotango City, Kyoto, Japan.
- The Terms of Service constitute the entire agreement between you and the Website in connection with the use of the Website.
- In cases where the Website has not exercised any of the rights under the Service Agreement, it shall not be deemed as the Website having waived such rights. In cases where some of the terms and conditions under the Service Agreement are declared void or unenforceable through court judgments, the remainder shall stay in effect and enforceable.
- You agree that the email used by you to sign up on this Website shall be considered as the way in which you communicate with the Website.
- For any inquiries about the Service Agreement, please contact the customer services of the Website. The Website may reject to handle inquires if such inquires fail to meet the formality requirement.
- The Service Agreement and the Terms of Service shall be governed by the laws of Japan. Kyoto District Court shall be the court of exclusive jurisdiction by agreement in the first instance over any and all disputes arising out of or related to this Contract.