Accelerate your Coaching Effectiveness : Terms of use

Article 1（Definitions）

As used in these Terms (including the recital), the following terms have the respective meanings set out below:

1. “Site” means the website managed and operated by COACH A for the purpose of providing Ayce.
2. “Exclusive Page" means a web page set up by COACH A exclusively for each User within the Site.
3. “Service Applicant” means a person who wishes to use Ayce.
4. “User” means a Service Applicant whose User registration has been approved by COACH A.
5. “Client” means a person whose information is entered as client information and who is registered by a User in accordance with Article 3, Paragraph 3.
6. “Registered User Information” means information that is entered and registered as User information by a User in accordance with Article 3, Paragraph 1 as well as revised information entered and registered by a User in accordance with Article 4, Paragraph 4.
7. “Registered Client Information” means information that is entered and registered as Client information by a User in accordance with Article 3, Paragraph 3 as well as revised information entered and registered by a User.
8. “Personal Information" means information about a living individual which can identify the specific individual by name, date of birth or other desCOACH Aption contained in such information.
9. “Registered Email Address” means email address registered as Registered User Information or Registered Client Information.
10. “Response Information” means contents of response given by a User and a Client to the questions prepared by COACH A in Ayce.
11. “Evaluation Result” means a result of evaluation of User’s coaching skills toward relevant Client based on the Response Information through an assay evaluation system independently developed by COACH A.

Article 2（Purpose of Ayce）

The purpose of Ayce is: to evaluate User’s coaching skills using the assay evaluation system independently developed by COACH A based on the response given by a User and a Client to the questions concerning User’s coaching skills prepared by COACH A on the Exclusive Page on the Site and to provide feedback to the User concerning the Evaluation Result; and to contribute to the development of coaching industry by COACH A’s collecting and analyzing the Evaluation Result and other relevant information and publishing the result of the analysis.

Article 3（Procedure for the Use of Ayce）

1. After agreeing to these Terms, a Service Applicant enters necessary items specified by COACH A on the User registration page on the Site and requests for User registration.
2. The User may start using Ayce by logging into his/her Exclusive Page using the log-in ID and password on the log-in screen on the Site.
3. The User enters email address and other necessary information of a Client to register the Client on the Exclusive Page.
4. COACH A notifies, via email, the Client registered by the User of the URL where the Client may access to the Client’s response page.
5. After logging into the Exclusive Page, the User provides response to the questions prepared by COACH A.
6. The Client receives email requesting response from COACH A, and accesses the Client’s response page and provides response to the questions prepared by COACH A.
7. COACH A evaluates the User’s coaching skills based on the response provided by the User and the Client, and notifies the User via email that the Client has finished providing response and enables the User to view the Evaluation Result on the Exclusive Page.

Article 4（Registration of User Information）

1. COACH A may not approve User registration of a Service Applicant if any of the following cases is applicable to the Service Applicant. If:
   (1)the User registration of the Service Applicant has been cancelled in the past due to breach of any of the provisions of these Terms; or
   (2)otherwise, COACH A considers that allowing User registration of the Service Applicant is not appropriate.
2. A User is not permitted to obtain multiple log-in IDs and passwords.
3. A User must not register any false information at the time of User registration.
4. If any change to the Registered User Information occurs after User registration, the User is responsible for making necessary changes to the registered information on the Exclusive Page without delay.
5. Only an individual may be registered as a User. No User registration by a corporation, organization, group, etc. is allowed.

Article 5（Management of Log-in ID and Password）

1. A User shall be responsible for managing his/her own log-in ID and password.
2. No User may provide, in any form including assignment, loan, name change and sale, to any third party his/her log-in ID and/or password desCOACH Abed in the preceding paragraph.
3. COACH A does not assume any responsibility for any damage incurred by a User arising from the use of his/her log-in ID and password, including stolen log-in ID and password, by a third party other than the User, regardless of the reason.

Article 6 （Registration of Client Information）

1. Clients who may be registered by a User to use Ayce are limited to the Clients with whom the User has entered into a coaching agreement.
2. When a User enters Client’s information in using Ayce, the User must obtain in advance the Client’s consent to cooperate in the User’s use of Ayce, to respond to the questions for Clients prepared by COACH A and to disclose Response Information and Registered Client Information including his/her name and email address to COACH A and the User.
3. If there is a change in the Registered Client Information after the Client is registered, the User must revise the registered information on the Exclusive Page without delay.

Article 7 （Response by User）

A User must respond to the questions prepared by COACH A on the Site in a faithful manner upon understanding the meaning of the questions.

Article 8 （Notice and Use of Evaluation Result）

1. The Evaluation Result provided by COACH A to a User is merely a reference material concerning the User’s coaching skills, and COACH A does not assume any responsibility for the contents of the Evaluation Result.
2. COACH A does not respond to any inquiry from a User concerning the Evaluation Result
3. A User should use the Evaluation Result only for the purpose of improving his/her coaching skills and should not use it for any other purposes.。

Article 9 （Receiving/Sending Email）

1. COACH A sends email concerning Ayce to a User or a Client to their registered email addresses.
2. COACH A does not assume any responsibility if COACH A’s email does not arrive to a Service Applicant or if COACH A’s email arrives to a third party other than the Service Applicant due to an error made in entering his/her own email address by the Service Applicant.
3. COACH A does not assume any responsibility if COACH A’s email does not arrive to the intended Client or if COACH A’s email arrives to a third party other than the intended Client due to an error made in entering the email address of the Client by the User.
4. COACH A does not assume any responsibility if COACH A’s email does not arrive or arrives late to a User or a Client due to the User’s failure to change registered email addresses.
5. If COACH A’s email does not arrive to a User or a Client for a considerable period of time, COACH A may suspend transmission of email to such User or Client or delete the User registration of the User, without the User’s approval.
6. A User shall not forward or disclose any email sent by COACH A to the User, unless otherwise agreed to by COACH A.

Article 10 （Fee）

A User shall pay COACH A a fee that he/she is notified of or a fee that is published by COACH A in a manner presCOACH Abed by COACH A. In the event of a User’s withdrawal or deletion of User registration, the User will not receive a refund of any fees already paid.

Article 11 （Prohibition）

A User is prohibited to do any of the following acts or any act that is likely to fall under the following acts:

1. To slander, libel, infringe upon privacy or otherwise infringe upon rights of others or offer a sense of discomfort or repulsion.
2. To disCOACH Aminate by race, nationality, religion or a group to which the person belongs, or to foster such act.
3. To use or provide computer viruses or other harmful programs, or engage in any act that is likely to do the same.
4. In addition to the above, to interfere with the operation of COACH A's business or Ayce, or to engage in any act that is likely to do the same.

Article 12 （Privacy）

1. COACH A uses the Registered User Information that falls under personal information for the following purposes:
   (1) Determination to approve or disapprove User registration for Ayce.
   (2) Provision of services of Ayce.
   (3) Survey for quality management of Ayce.
   (4) Provision of information concerning products and services of COACH A (not limited to Ayce) which COACH A considers useful for the User.
2. COACH A uses Registered Client Information that constitutes personal information for the following purpose:
   (1) Provision of services of Ayce.
3. COACH A will not disclose personal information of any User and Client to any third party, except in the following cases:
   (1) When COACH A contracts all or part of handling of personal information to a third party to the extent necessary for the achievement of the purpose of use set out in Paragraphs 1 and 2 above.
   (2) When COACH A has obtained consent from the person to whom the information relates.
   (3) Where disclosure to a third party is permitted by laws and regulations.
4. COACH A handles personal information of a User or a Client in accordance with these Terms and the Policies for Protection of Personal Information of COACH A.
5. COACH A may retain and use the factual information that a Service Applicant applied for User registration for determining whether or not to approve subsequent User registration for Ayce even when COACH A did not approve the Service Applicant’s application for User registration.
6. COACH A will retain and use personal information to the extent necessary for the purposes set out in Paragraph 1 of this Article and for disclosure requests set out in Paragraphs 7 and 8 below for a time period presCOACH Abed by laws and regulations or set out by COACH A even after his/her withdrawal is tendered or deletion of User registration set out in Article 14.
7. A User may request COACH A to disclose, delete, correct or suspend using Registered User Information and Registered Client Information. COACH A will promptly respond to such request.
8. The request for disclosure, deletion, correction or suspension of use of Registered User Information or Registered Client Information must be submitted to:
   COACH A Co., Ltd.
   Contact person: Personal Information Administrator
   Email: privacy@coacha.com
   Telephone: +81-3-3237-8050
   Address: Italian Cultural Center Building 9th Floor,
   2-1-30 Kudan-minami, Chiyoda-ku, Tokyo, Japan 102-0074

Article 13 （Ownership of Rights）

1. Copyrights and all other rights to the information delivered by COACH A to a User through Ayce including questions and Evaluation Results prepared by COACH A in Ayce (including designs and layouts) are the property of COACH A and no right whatsoever will be granted to any User through the use of Ayce.
2. A User must assign copyrights (including rights provided for in Articles 27 and 28 of the Copyright Act) and all other rights to the Response Information (limited to the information provided by the User; same applies hereinafter in this article) to COACH A and COACH A may freely select, correct and edit the Response Information. No User may exercise moral rights related to such copyrights against COACH A and third parties.
3. COACH A may use the Response Information without the User’s approval, and disclose the Response Information without the User’s approval in such a manner that the respondent cannot be identified by third parties.

Article 14 （Withdrawal）

1. A User may tender his/her withdrawal from User registration with Ayce by following a procedure presCOACH Abed by COACH A, in which case, the ID and password of the User will lose its validity upon completion of such procedure. The User will be deemed as withdrawn upon full payment of any remaining obligations owed to COACH A.
2. If a User who previously withdrew wishes to use Ayce again, the User must complete User registration once again in accordance with these Terms. The previous Registered User Information and Registered Client Information will not be transferred to the log-in ID obtained under the new User registration.

Article 15 （Suspension of Use and Deletion of User Registration）

1. COACH A may suspend use of or delete User registration without the User’s prior approval, if the User falls under any of the following events. If:
   (1) the User breaches any of the provisions of these Terms or other regulations provided by COACH A;
   (2) COACH A determines that the User provided improper response to COACH A’s questions, did double registration, spoofing registration or engaged in illegal act or an act that is likely to be such act; or
   (3) COACH A determines that it is appropriate to suspend use of or delete User registration.
2. In the case of the preceding paragraph, COACH A does not owe any obligation to respond to any inquiry from the User regarding such suspension or deletion, including providing reasons for such measures, and the User shall agree therewith.

Article 16 （Disclaimer）

1. COACH A does not assume any responsibility for any damage to a User arising from delay in notifying Evaluation Result and error in the contents of Evaluation Result.
2. COACH A does not assume any responsibility for any dispute between a User and a Client or any person related to them arising from the use of Ayce.
3. COACH A will adopt, maintain, and operate a reasonable system in accordance with the technical standards generally available as of that time in terms of electronic devices, software, encryption technology, etc. that are used in Ayce. However, COACH A does not guarantee the integrity of the system.
4. In addition to Paragraphs 1, 2, and 3 above, COACH A does not assume any responsibility for any damage to a User arising in connection with his/her use of Ayce.

Article 17 （Change of Contents of Ayce and Temporary Suspension, Stoppage and Discontinuation of Ayce）

1. In the event of natural disaster or any other emergency, or if there is likelihood of such event, COACH A may take measures to temporarily suspend or discontinue all or part of Ayce without prior public announcement or notification to Users.
2. COACH A may temporarily suspend all of part of Ayce for a time period necessary to take measures to maintain and manage Ayce or maintain security of Ayce, including maintenance, etc. of the system, in which case, COACH A will provide prior public announcement or notification to Users. However, in the event of an emergency requiring urgent maintenance, security, avoidance of concentrated load on the system, COACH A will temporarily suspend or discontinue Ayce without prior public announcement or notification to Users.
3. In addition to the provisions in Paragraphs 1 and 2 above, if deemed necessary by COACH A, COACH A may temporarily suspend or discontinue all or part of Ayce with prior public announcement or notification to Users.
4. COACH A does not assume any responsibility for any damage arising from the temporary suspension or discontinuation of Ayce under Paragraphs 1, 2, or 3.

Article 18 （Amendments to these Terms）

COACH A may amend these Terms without Users’ approval.

Article 19 （Governing Law and Court of Jurisdiction）

1. Interpretation and application of these Terms shall be governed by the laws of Japan.
2. User agrees that any dispute that may arise between COACH A and the User in relation to these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of the first instance.