User Agreement for Cooking Class
Terms of Use
By using the Utako.cooking service, you agree to be bound by these Terms of Use (hereinafter referred to as the “Terms”). Please note that separate regulations regarding the operation of the Service (e.g., “Terms of Service”) and various regulations posted on the website, etc. will be treated as forming part of the Terms of Service.
Article 1 (Definitions).
The following terms are defined as they relate to these Terms of Use.
- “Tutor”: A tutor who holds a cooking class through the Site upon agreeing to these Terms of Use.
- “Guest”: A person who agrees to these Terms and Conditions and participates in a lesson under the guidance of a Tutor.
- “Class”: A cooking class organized by a Tutor whose main purpose is to teach the skills necessary for cooking.
Article 2 (Enrollment and Withdrawal from Classroom)
- Guests shall apply for in a Classroom of their choice in accordance with the procedures determined separately by the Company.
- the content of the class may be changed even after the completion of the Guest’s application for join request, provided that the instructor has a justifiable reason to do so. The tutor shall not be liable for any unavoidable changes to the content of the class.
- no refunds will be made if a student is unable to attend a reserved class. If you are unable to attend the class, you may request a friend to attend the class.
Please make reservations only if you wish to attend the class. As a rule, cancellations are prohibited. (If your schedule is not clear, please make a reservation after your schedule is clear.
If there is a possibility that payment will be overdue, please contact us in advance.
Disclaimer
- If a class cannot be held due to instructor illness or family illness, another class will be held. In such cases, a full refund will be given.
- If a class is cancelled due to a natural disaster, a make-up class will be held at a later date. If a student is unable to attend the make-up class, the full amount will be refunded.
- In case of unavoidable circumstances such as moving, hospitalization, etc., please consult with us. A decision will be made according to the circumstances.
Article 3 (Enrollment Rules, Prohibited Items, and Precautions).
- please be sure to come to class on time. As a courtesy to other members, please notify the instructor if you will be late due to traffic or other reasons. If you do not contact us, we may refuse to allow you to attend class.
- please do not bring outside food or alcoholic beverages to class. In principle, we do not allow students to take home food prepared in the classroom for sanitary reasons, but we may refuse to do so only if you agree to take full responsibility in the event of an accident. In such a case, neither the Company nor the instructor will assume any responsibility.
3.Please do not bring valuables with you. We are not responsible for any damage caused by loss or theft of valuables.
- no sales, solicitation, or solicitation for group membership is allowed in the classrooms.
- no substitution of ingredients or separation of cooking utensils will be made to avoid contact with specific allergens. If you have allergies, please consult with the classroom instructor in advance to confirm the safety of the list of ingredients.
- in the event of death or injury during class, neither the Company nor the instructor shall be liable for damages beyond those specified in the Company’s insurance policy.
Article 4 (Forced Withdrawal from Class)
- a Guest or Instructor will be subject to mandatory withdrawal from the program if he/she commits any of the following acts
(1) Infringes intellectual property rights (including but not limited to copyrights, know-how, patent rights, utility model rights, trademark rights, etc.), privacy rights, protection of personal information, or other rights (including acts that cause or may cause distress, economic loss, or mental damage to others) of the instructor, guest, or third party Any act that is or may be an infringement.
(2) Actions that contravene or threaten to contravene public order and standards of decency.
(3) Expressions of violence, invitations to illegal activity, or intimations thereof.
(4) Actions that hinder the operation of the website or services, or that threaten to do so. (5) Actions that damage the credibility of the website or services, or that threaten to do so.
(6) Any use of the website or services while posing as a person other than yourself.
(7) Any other actions in addition to those described above which the company deems to be unacceptable.
- In the event of an action or behavior corresponding to those described above, the company may choose to deny join a class.
Article 5 (Compensation for Damages):
- In the event that an instructor or Guest inflicts damages on the company through conduct pertaining to the website or services that contravene the conditions of the user agreement, the guest is required to indemnify the company for the damages incurred.
Article 6 (Handling/Confidentiality of Personal Information):
- The company will follow all privacy laws and other applicable guidelines as well as the company’s independently specified privacy policy when handling personal information of guests during the delivery of services.
- Guests agree that the company will use the personal information it is provided during the delivery of services for the purposes listed below.
(1) When the information is necessary to administer instructors/guests for the delivery of services.
(2) When providing information regarding the services.
(3) When carrying out the duties and obligations set out in the user agreement or circumscribed by the law.
(4) For use in marketing research or analysis to maintain quality control or to improve the website/services.
(5) To respond to inquiries regarding the website/services.
(6) For matters concerning the website/delivery of services, or to provide information on additional services.
(7) For system maintenance and troubleshooting.
(8) When sending emails or messages as prescribed by Article 8 Clause 6.
(9) For other purposes provided that the company obtains prior permission from the guests. - The company will only provide third parties with the personal information of guests utilize the information beyond the extent required for the delivery of services under the conditions set out below.
(1) With prior approval from the instructors/members.
(2) When necessary for the company to exercise its rights regarding the services.
(3) In the case of transfers to a successor entity during a merger or transfer of operations.
(4) When permitted under privacy protection laws.
(5) When compelled to do so by official bodies such as government and municipal offices. - The Guest is understood to have agreed to the use of their personal information by the company pursuant to Clause 2 and 3 of Article 11.
- If Guests request that the company disclose/delete/correct any personal information provided with regards to the website or services, the company will comply promptly as soon as it can be determined that the request originates from the gusts in person. The contact information for the company is as follows:
Utako.cooking
Email: yuko.uta.japan@gmail.com
Article 7 (Photography and Consent):
- Reporters/photographers may enter a class without prior notice. Instructors/guests agree to allow photographs/video obtained during such occasions to be displayed on the company website or other applicable media. Those who do not want to be photographed or filmed should notify their instructor beforehand.
Article 8 (Miscellaneous Provisions):
- The company reserves the right to alter, add, or discontinue services in part or in their entirety without prior notice to guests if forced to do so. However, in the event of a wholesale discontinuation of services, the company will provide at least 1 month’s notice to guests via methods deemed appropriate by the company.
- Classes may be canceled or delayed due to unavoidable circumstances including natural disasters or insufficient enrollees. The recipe/ingredients may also be altered without prior notice if procurement of the ingredients is hampered by inclement weather or regional issues.
- The company will not accept any responsibility for damages arising from the changes described in the previous Clause.
- In the event that guests inflict damages on others or otherwise provoke a dispute, those involved in the dispute are responsible for providing any funds required for its resolution.
- The company reserves the right to send email or messages containing advertising or informational material concerning the services.
- All rights (including ownership rights, intellectual property rights, rights to the usage of a likeness, and publicity rights) to the contents of the website or services (including text, photographs, illustrations and video, and hereafter referred to as “content matter”) belong to the company or other rights-holding entity. Furthermore, any text distributed inside the class by instructors cannot be disseminated on websites, blogs, SNS, or other media without prior consent from the instructor and other rights-holding entities.
- The company does not guarantee the usefulness, safety, class contents etc. of the service and the classroom.
- If the user agreement contract with the member falls under Article 2, Paragraph 3 of the Consumer Contract Act (Act No. 61 of May 12, 2000), the provision which completely exempts our responsibility from the user agreement shall not apply. In the case where the contract based on the user agreement falls under the consumer contract, and the company assumes liability for damages based on default or illegal acts, except for cases where there is deliberate or gross negligence on the company, the company shall assume the liability for damages, with the upper limit of damage suffered directly by the member, and shall not bear the responsibility for damages etc. (including cases with foreseeable occurrence of damages) arising from special circumstances.
Article 9 (Cessation of Membership and Expulsion Due to Involvement in Anti-social Forces):
- The company reserves the right to temporarily cease rights or expel members without prior notification if a person is judged to be a member of or closely associated with anti-social forces or groups (this includes any group involved in anti-social activities). The company will not be held culpable if this results in any damage or loss.
Article 10 (Applicable Law):
- Japanese law should be used to interpret the user agreement.
Article 11 (Negotiation/Jurisdiction):
- In the event that a dispute arises involving guests/instructors/the company with regards to the website or services, the involved parties agree to negotiate autonomously and in good faith to resolve the dispute.
- In the event of a lawsuit between instructors/guests and the company, the parties agree that the Kanagawa District Court shall be the exclusive jurisdiction court for the proceedings.
Article 12 (Revisions to the User Agreement)
- The company may choose to revise the user agreement as necessary. The publishing of the revised agreement on the website will cause the revisions to immediately go into effect for all members.
This Agreement has been drawn up in the Japanese language. This is only an English courtesy translation. In case of discrepancies between the Japanese text version of this Agreement and any translation, the Japanese version shall prevail.
Established and put into effect on March 26th 2022 .
Privacy Policy
Last updated: [2023.06.01] Introduction At Utako’s cooking, we are committed to protecting the privacy and security of our users' personal information. This Privacy Policy explains how we collect, use, and safeguard the information you provide to us through our website [https://utakojp.com/] (the "Website") and our services (collectively, the "Services"). By accessing or using our Services, you consent to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree with the terms of this policy, please do not use our Services. Information We Collect We collect the following types of information: Personal Information: When you use our Services, we may collect personal information such as your name, email address, phone number, and other information you voluntarily provide to us through contact forms, registration processes, or when you communicate with us. Non-Personal Information: We may automatically collect non-personal information about your interaction with our Services, such as your IP address, browser type, operating system, device information, and usage data through cookies or similar technologies. Use of Information We may use the information we collect for the following purposes: Provide and Improve Services: We use your information to provide, operate, and improve our Services. This includes processing orders, responding to inquiries, personalizing user experiences, and enhancing the functionality of our Website. Communication: We may use your contact information to send you updates, newsletters, promotional materials, or respond to your inquiries or requests. Analytics and Tracking: We may use non-personal information for analytical purposes, such as analyzing trends, monitoring user activity, and improving our Services' performance and user experience. Third-Party Sharing We do not sell, trade, or transfer your personal information to third parties without your consent, except in the following circumstances: Service Providers: We may share your information with trusted third-party service providers who assist us in operating our Services, such as hosting providers, payment processors, or email service providers. These third parties are obligated to keep your information confidential and are prohibited from using it for any other purpose. Legal Compliance: We may disclose your information to comply with applicable laws, regulations, legal processes, or enforceable government requests. We will also disclose your information if we believe it is necessary to protect our rights, property, or safety, or the rights, property, or safety of others. Data Security We implement reasonable security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security. Data Retention We will retain your information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as required by law. When we no longer need your information, we will securely dispose of it. User Rights You have certain rights regarding your personal information, including the right to access, correct, delete, or restrict its processing. If you wish to exercise any of these rights, please contact us using the contact information provided below. Contact Cookies and Tracking Technologies Our Website may use cookies and similar tracking technologies to collect and store certain information automatically. You can manage your preferences or opt-out of cookies through your browser settings. However, please note that disabling cookies may affect the functionality of our Services. Policy Updates We may update this Privacy Policy periodically to reflect changes in our practices or legal requirements. We will notify you of any material
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