Terms & Privacy Policy

Qaiwa Terms for Users and Privacy Policy

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Qaiwa's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

 

     i. Modify or copy the materials;

 

 

     ii. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

 

 

     iii. Attempt to decompile or reverse engineer any software contained on Qaiwa’s web site;

 

 

     iv. Remove any copyright or other proprietary notations from the materials; or

 

 

     v. Transfer the materials to another person or “mirror” the materials on any other server.

 

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Qaiwa at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

3. Disclaimer

The materials on Qaiwa’s web site are provided “as is”. Qaiwa makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Qaiwa does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Payment

 

Bank transfer payment, payment through Paypal account, and payment through major Credit Cards are all acceptable methods of payment. For bank transfers, transfer charges imposed by banks shall be borne by the student. The buyer (the student) shall make payment in full for all reserved lessons so that they are confirmed or finalized. Booked lessons that are not paid in full are not considered finalized unless both teachers and student agreed that it is final -- this can only occur when paying through bank transfers where payment confirmation may be delayed. In circumstances where a refund needs to be executed, the recipient of the refund may need to bare the additional fees, unless the reason for refund is due to mistake on Qaiwa's part.

Once the service has been provided or immediately after the scheduled service has passed, buyers (student) have to approve the service session in order for Qaiwa to know that the lesson indeed took place and that the provider needs to be paid. Buyers will have one week (7 days) to approve that the lesson took place without problem. If a week has elapsed without the buyer approving the scheduled service (confirmed lesson), Qaiwa will take action according to the circumstances:

a. The buyer acknowledges that the service took place but is unhappy with the service content (e.g. it does not adhere to the proposed lesson content) to the extent that he or she is unwilling to pay for the service: Total refund.

b. The buyer claims that the service did not take place due to provider’s fault: Total refund.

c. The buyer is unresponsive for the whole 7 days period: Pay the provider.

Our payment dispute policy is as follows:

When disputes arise between service providers (instructors) and buyers (students) we expect instructors and students to solve their disputes by themselves. Two of the most common payment disputes may arise due to lesson cancellation and/or dispute about the lesson’s content. As a rule Qaiwa will provide full refund to customers whose claims (e.g. claims about inappropriate lesson content, tardiness of instructor, or instructor absences) are supported with reasonable evidence. It is recommended that communication between provider and buyer are done using Qaiwa messaging system so that it could help settle disputes that may arise in the future.

If no agreement can be reached between service providers and buyers, Qaiwa requires that the instructor involve in the dispute to give in and let the student pass for once. By principle and to prevent bigger disputes, instructors should always require students to approve previously provided session (lesson) before conducting the next session with the same student.

 

5. Service Fees, Cancellation Fees, and Commission Fees

 

Buyers who book lessons at Qaiwa shall pay processing fee of around 100 yen on each purchases up to 2000 Yen and 5% on purchases above 2000 Yen. This will cover administrative costs of processing buyer transactions. For buyers residing in Japan, they shall pay an additional 8% sales tax on top of price of service according to Japan Law on purchases of products and services.

Cancellation fees (5% of the total refund) for cancelled reservation that is eligible for refund shall be borne the the entity who cancelled the reservation. Qaiwa has the right to determine and impose the cancellation charge according to the circumstance.

Qaiwa shall retain 15% of the selling price of each instructor lesson as commission for service rendered.

 

6. Cancellation, Termination of Agreements, and Refunds Policy

 

Finalized booking must be cancelled by the student 24 hours prior to the time of the confirmed lesson schedule to be eligible for full refund. Lessons cancelled less than 24 hours prior to the time of lesson shall not be eligible for refund. The reason for this is that it would be difficult for instructors's cancelled schedule to be booked again within 24 hour period. Cancellation must then be done by either cancelling your booked schedule or by informing either the instructor or Qaiwa. We reserve the right to levy additional minimum charge to cover any subsequent administrative expenses necessitated by the cancellation.

Students, instructors, and Qaiwa management have the right to terminate any service agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall not be refunded. Refund policies with regards to lessons cancelled by the student are as noted above. Confirmed lessons cancelled by instructors or by Qaiwa will be subject to full refund.

Confirmed lessons cancelled by students or instructors may be reviewed to evaluate the reason for cancellation and to determine the course of action going forward. Five or more confirmed booking cancellations by the student may be object for review and/or disciplinary action (this is to prevent users who do not intend to take lessons from gaming the system), while three or more confirmed booking cancellations by the instructor will be strictly reviewed. Cancellation of booked lessons by instructors is too jarring for student, and as instructors are looked up by students to lead them the burden of responsibility falls heavy on instructors. The management has the right to ban any user from accessing the site if we determined that not only does the user not contribute to the growth of the site but the user also pose a threat to the smooth operation of Qaiwa and/or its community of users.

 

7. Availability

 

Unless otherwise stated, the services featured on this website are only available within Japan, or in relation to postings from Japan. All advertising is intended solely for Japan market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including framing or other similar means, without the express written consent of Open Japan LLC. The company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Qaiwa, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 

8. Limitations

In no event shall Qaiwa or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Qaiwa’s Internet site, even if Qaiwa or a Qaiwa authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Revisions and Errata

The materials appearing on Qaiwa’s web site could include technical, typographical, or photographic errors. Qaiwa does not warrant that any of the materials on its web site are accurate, complete, or current. Qaiwa may make changes to the materials contained on its web site at any time without notice. Qaiwa does not, however, make any commitment to update the materials.

10. Links

Qaiwa has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Qaiwa of the site. Use of any such linked web site is at the user’s own risk.

11. Site Terms of Use Modifications

Qaiwa may revise these terms of use for its web site at any time without advance notification to its users. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use. By continuing usage of this web site after the revision of terms and subsequent notification, you are agreeing to be bound by the new and revised version of the terms.

12. Governing Law

Any claim relating to Qaiwa’s web site shall be governed by the laws of the State of Tokyo-Japan without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy (Short Summary)

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Privacy Policy (Long Version)

This Privacy Policy governs the manner in which Open Japan LLC. collects, uses, maintains and discloses information collected from users (each, a "User") of the www.qaiwa.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Open Japan LLC.

Personal identification information

We may collect personal identification information from users in a variety of ways, including, but not limited to, when users visit our site, register on the site, place an order, fill out a form, respond to a survey, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information, social security number Users may, however, visit our site anonymously. We will collect personal identification information from users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Open Japan LLC collects and uses Users personal information for the following purposes:

  • To improve customer service

    Your information helps us to more effectively respond to your customer service requests and support needs.
  • To personalize user experience

    We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site

    We continually strive to improve our website offerings based on the information and feedback we receive from you.
  • To process transactions

    We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
  • To administer a content, promotion, survey or other Site feature

    To send Users information they agreed to receive about topics we think will be of interest to them.
  • To send periodic emails

    The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Advertising

Ads appearing on our site may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.

Compliance with children’s online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Changes to this privacy policy

Open Japan LLC has the discretion to update this privacy policy at any time. When we do, post a notification on the main page of our Site, revise the updated date at the bottom of this page, send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Open Japan LLC www.qaiwa.com Hachioji, Tokyo Tel: +81-50-5539-2226 Email: support@qaiwa.com