Last Updated July 1st, 2018
1. The purpose of these Terms is to set forth the obligations for provision of Service and the rights and obligations between the Company and the Registered User. The Terms shall apply to all aspects of the relationship between the Registered User and the Company in relation to the Service.
2. Rules listed on the Company’s website (http://cafesta.co.id/manual) pertaining to use of the Service shall constitute an integral part of these Terms.
3. If there is any conflict between the Terms and any rules or other descriptions of the Service not provided here, the Terms shall prevail.
or the purposes of the Terms, the following terms have the following meanings:
(2) “Intellectual property rights” refers to copyrights, patent rights, utility model rights, design rights, trademarks, and any other intellectual property rights (including rights to obtain or to apply for registration of such rights).
(3) “Posted Data” refers to any content (including but not limited to text, images, animation, and other data) that is posted or otherwise transmitted by the Registered User. (4) “Company” refers to Centillion Japan Co., Ltd.
(5) “Website” refers to the website whose domain name is cafesta.co.id which the Company manages. In cases where the website’s domain name or contents are modified for any reason, this shall include the modified website.
(6) “Registered User” refers to any person or entity (combination of students and teachers) that has been registered as a user of the Service under Article 3 (Registration).
(7) “Student” refers to a Registered User who receives lessons from teachers as stipulated in the following item.
(8) “Teacher” refers to a Registered User who gives lessons to Students under the stipulations of the Website.
(9) “Service” refers to the service known as “Cafesta” which is provided by the Company. In cases where the Service’s name or contents are modified for any reason, this shall include the modified Service.
1. Any person who wishes to use the Service (hereafter referred to as a “Registration Applicant”) may apply to the Company for registration as a user of the Service by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereafter referred to as the “Registration Information”) in a manner specified by the Company.
2. The Company will determine, in accordance with the Company's criteria, whether to permit the registration of any Registration Candidate who has, as specified in the preceding paragraph, applied for registration (hereafter referred to as an "Applicant"). The Company shall notify the Applicant of their approval if the Company approves the registration. The Applicant's registration as a Registered User will be completed once the Company gives notice as specified under this paragraph.
3. Upon the completion of registration as specified in the preceding paragraph, a service usage agreement shall be established between the Registered User and the Company, and the Registered User shall become able to use the Service in accordance with these Terms.
4. The Company reserves the right to refuse registration or re-registration of any Applicant without any obligation to disclose its reasons for any of the following:
The Registered User shall immediately notify the Company of any changes to the Registration Information in a manner that the Company prescribes.
The Registered User shall strictly manage an ID and password for the Service under his/her own responsibility. When the Company confirmed that the ID and password used to log in to the Service match with the Registration Information following the procedures specified by the Company, the Registered User shall be deemed to be an authentic member of the Service. In case the ID and password are stolen or illegally used by non-authentic members, the Company shall not be liable for any damage or loss incurred by the Users.
The Registered User shall immediately review those who have received or provided services on the Service in accordance with the methods posted on this website. Posted reviews will be displayed on this website and application along with the registered photograph and name of the user who posted the review. The Company checks the contents of posted reviews before they are published and, in cases where a review contains slander, libel, offensive or obscene contents, or any other content that is against the Terms, said review will not be published. Posted reviews will be published after the Company reviews the content and may be viewed by any Registered User of the Website.
The Service shall conclude agreements pertaining to lessons between Registered Users, and the Company affirms in advance that it will not be a party to said agreements. Students shall pay Teachers a fee (which the Teacher can specify on the Service) and, in addition, pay Rp 50.000 (including tax) to the Company as a teacher referral fee. Once a month, the Company may notify the Teacher by email or in writing to perform procedures for receipt of fees. Payment for fees must be requested within six (6) months of the delivery date of a lesson, after which time the Teacher shall lose all rights to request payment for that particular lesson. The Teacher gives the Company the authority to receive payment on their behalf (hereafter referred to as the “Recipient Agent Right”) for usage fee claims and cancellation fee claims that they make against Students based on the lesson agreement. The Company may enter a payment service agreement with a payment service provider (referring to “Stripe” and hereafter the same shall apply). In this case, the Company may transfer its Recipient Agent Rights to the payment service provider, and Registered Users shall give their advance consent to this. Transaction Fee: When a Teacher provides lessons on this Service, the amount remaining from the displayed lesson fee after a five (5) percent settlement fee and withholding taxes(PPh 21) are deducted will be paid to the Teacher on a prescribed schedule.
1. A lesson agreement is entered when a Teacher, in response to an application for a lesson agreement by a Student, sends an approval of said application using the systems of the Service.
2. Teachers agree that, based on the Cancellation Policy for Students that is separately specified by the Company, Students may cancel lesson agreement applications or lesson agreements after they have been entered.
3. Students agree that, based on the Cancellation Policy for Teachers that is separately stipulated by the Company, Teachers may reject applications for lesson agreements or may cancel lesson agreements after they have been entered.
4. The permissibility of refusals of applications for lesson agreements received from Students by Teachers; the permissibility of cancellations of completed lesson agreements or schedule changes; and the handling of completed lesson agreements once canceled shall conform with the Cancellation Policy for Teachers that is separately specified by the Company.
5. The Company may request that a Teacher provide information deemed necessary by the Company should a situation arise falling under or expected to fall under any of the items listed below; the Teacher must respond promptly to said requests.
1) If the Teacher or a Student cancels a lesson agreement following completion.
2) If otherwise deemed necessary by the Company.
The user bears sole responsibility for their conduct and activities on and in relation to Cafesta and for any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (hereafter collectively referred to as the "Content") that the user submits, posts, and displays on Cafesta.
Prohibited Items and Conduct: Your Content and your use of Cafesta shall not:
1) Be false, inaccurate, or misleading.
2) Infringe upon any third party's copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights or rights of publicity or privacy.
4) Be defamatory or slanderous, be unlawfully threatening or harassing, or constitute the impersonation or intimidation of any person (including employees or users of Cafesta) or their products. Additionally, the user may not fraudulently or inaccurately represent their relationship to any other person through the use or creation of a similar email address, nickname, or false account or through any other means or device.
5) Be obscene or contain child pornography
6) Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
7) Modify, adapt/edit, or hack the Website or any other website in a way that implies the involvement of Cafesta.
9) Results in or solicits the performance of lessons for students directly and unmediated by the Cafesta platform. All Teachers must be matched with Students and conduct lessons on the Cafesta platform. If a Teacher is found to have violated this provision, said Teacher's account may be terminated immediately.
10) Solicits the provision of services outside of Cafesta by Cafesta Teachers. Cafesta users may not solicit Cafesta Teachers for any opportunities (work or otherwise) not affiliated with Cafesta. If a Student is found to have attempted to solicit Cafesta Teachers for opportunities not affiliated with Cafesta, said user's account may be terminated immediately. Furthermore, we reserve the right to take legal action against any user that attempts to solicit Cafesta Teachers for opportunities not affiliated with Cafesta.
1. The Company may temporarily suspend the Service without notifying the Registered Users in case the Company concluded the suspension of the Service is required due to system maintenance, repair work for system failures, force majeure such as natural disasters, and other technical and operational reasons.
2. The Company shall not be liable for any damage or loss incurred by Registered Users due to the suspension of the Service which is set forth in the preceding paragraph
1. The Company and those who have agreed to license the Company reserve all intellectual property rights concerning the Website and the Service; consent for the use of the Service based on the Terms does not constitute consent for the use of the intellectual property rights of the Company or those who have agreed to license the Company concerning the Website and the Service.
2. The Registered User represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data does not infringe on any rights of a third party.
3. The Registered User grants to the Company a global, non-exclusive, sublicensable, and transferable license to use, reproduce, and distribute Posted Data and to create, present, and implement derivative works at no cost. Additionally, the Registered User grants to the other Registered Users a non-exclusive license to use, reproduce, distribute, make, express, and create derivative works of the Posted Data posted or otherwise transmitted by the Registered User using the Service.
4. The Registered User agrees not to exercise personal rights against the Company or anyone who has either acceded or been granted licensing rights from the Company.
1. The Company may, without prior notification or warning, delete Posted Data, temporarily suspend the Registered User’s use of the Service, or cancel the Registered User’s registration if:
2. In cases where any of the preceding items apply and where the Registered User owes any debt to the Company, the Registered User shall immediately pay such debts to the Company in full.
3. The Company shall not be liable for any damages sustained by the Registered User as a result of any actions taken by the Company under this article.
1. The Registered User may withdraw from the Service and cancel registration by notifying the Company in such manner as specified by the Company.
2. Upon withdrawal, if the Registered User owes a debt to the Company, the Registered User shall immediately pay such debts to the Company in full.
3. After withdrawal, handling of user information shall be subject to the stipulations of Article 15.
1. The Company may change content of the Service without notifying the Registered Users.
2. The Company may terminate the offer of the Service by notifying the Registered Users via e-mail (to the user’s registered e-mail address) or by publishing the notice on the Service.
3. The Company shall not be liable for any damage or loss incurred by Registered Users due to the actions set forth in this Article
1. The Company makes no explicit or implicit warranty that the Service is without factual or legal defects, including defects in safety, reliability, accuracy, completeness, efficacy, suitability for particular purposes, security defects, errors, bugs, infringements of rights, and so forth.
2. The Company shall not be liable for any damages sustained by a Registered User originating from the Service. This shall not apply to damages attributable to Company’s intent or gross negligence, or when an agreement (including these Terms) between the Company and the Registered User becomes a consumer contract as stipulated in the Consumer Contract Act.
3. Regardless of the provision given in the preceding paragraph, the Company accepts no responsibility for damages sustained by the Registered User (including damages whose occurrence is foreseen or foreseeable by either the Company or the Registered User) arising from special circumstances among those damages due to default on a debt or illegal conduct attributable to the negligence (excluding gross negligence) of the Company. Compensation for damages sustained by a Registered User due to default on a debt or illegal conduct attributable to this company’s negligence (excluding gross negligence) shall not exceed the amount of usage fees received from the Registered User in the month in which said damages are sustained.
4. The Company accepts no responsibility for any transactions, communications, or disputes that arise in relation to the Service between a Registered User and another Registered User or third party.
Except when granted prior written approval, the Registered User shall keep confidential all information in relation to the Service and not publicly known that is disclosed by the Company and for which the Company requests confidentiality.
2. The Company may, at its own discretion, use or make public the information provided by the Registered User to the Company or data as statistical information in a form not personally identifiable; the user shall not object to this usage or publication.
The Company may revise the Terms at any time at its own discretion. Revised terms shall be in effect upon publication on the Service and the Registered User shall be deemed to have agreed to the revised content in case the User utilizes the Service after the revision of the Terms
Any inquiries with respect to the Service or other communications or notices from the Registered User to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.
1. The Registered User may not transfer or offer to any third party as collateral any status based on the service usage agreement or right or obligation based in these Terms without prior written approval by the Company.
2. In the event that the Company transfers operations covered by the Service to another organization, the Company may also transfer to the transferee of operations its position under the usage agreement, its rights and obligations based in the Terms, and the Registration Information of Registered Users and other customer information. The Registered User agrees in advance to this article concerning any applicable transference. Furthermore, the transference of operations specified in this paragraph shall include not only ordinary transference of operations but also the partition of the company and any other relocation of operations.
If, pursuant to the Consumer Contract Act or other law or regulation, any article of the Terms is deemed to be invalid or unenforceable, in whole or in part, the remaining provisions of the Terms and the remaining parts of the provisions deemed invalid or unenforceable shall remain in full force and effect.
The Terms shall be governed and interpreted by the Japanese law and the parties hereby consent to and confer non-exclusive jurisdiction of first instance upon Tokyo District Court over any disputes arising out of or relating to the Service
Established July 1st, 2018