1. Introductionteacha.com (hereafter referred to as "Teacha", "we","us", or "our") provides an online platform that connects teachers who have lessons to provide with students seeking to provide such lessons (collectively, the “Services”) and any other websites through which Teacha makes the Services available (collectively, the “Site”).
The site comprise an online platform through which teachers (“Teacher”) may create lessons (“Lessons”) and students (“Student”) may book lessons. You understand and agree that teacha is not a party to any agreements entered into between teachers and students, nor is teacha a teacher broker, agent or insurer. Teacha has no control over the conduct of teachers, students and other users of the site or any lessons, and disclaims all liability in this regard.
2. Key Terms
- “Services” means an online platform that connects teachers who have lessons to provide with students seeking to provide such lessons.
- “Site” means any other websites through which Teacha makes the Services available.
- “User(s)” means a person who completes Teacha’s account registration process, including, but not limited to Teachers and Students.
- “Student(s)” means a user who requests a booking of a Lesson via the Site, or a user who takes part in a Lesson and is not the Teacher for such Lesson.
- “Teacher(s)” means a user who creates a Listing via the Site.
- “Lesson(s)” means any type of form of consultation, advices, information, conversational practices offered for improving the skill or knowledge of Student.
- “Listing(s)” means a Lesson that is listed by a Teacher as available for lesson via the Site and Services.
- “Point(s)” means internal point unit used for Lessons and the Service fees. Student purchases Points in exchange for fixed, predetermined amount.
- “Tax(s)” means any consumption taxes, or other withholding and personal or corporate income taxes (IT).
- “Teacha Content” means all Content that Teacha makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding User Content.
- “User Content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through the Site.
- “Collective Content” means User Content and Teacha Content.
- “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
3. ModificationTeacha reserves the right, at its sole discretion, to modify the Site or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Change Logs” at the bottom of these Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
4. EligibilityThe Site are for persons who are 20 or older. Any access to or use of the Site by anyone under 20 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 20 or older.
Teacha makes available a platform or marketplace with related technology for Students and Teachers to meet online and arrange for bookings of Lessons. Teacha’s responsibilities are limited to facilitating the availability of the Site and serving as the limited agent of each Teacher for the purpose of accepting payments from Students on behalf of the Teacher.
Please note that, as stated above, the site are intended to be used to facilitate the booking of lessons. Teacha cannot and does not control the content contained in any listings and the condition, legality or suitability of any lessons. Teacha is not responsible for and disclaims any and all liability related to any and all listings and lessons. Accordingly, any bookings will be made at the student’s own risk.
5. RegistrationIn order to access certain features of the Site, and to book a Lesson or create a Listing, you must register to create an account (“Teacha Account”) and become a user. You may register to join the Services directly via the Site.
We will create your Teacha Account and your Teacha Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS. You may not have more than one (1) active Teacha Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
Teacha reserves the right to suspend or terminate your Teacha Account and your access to the Site if you create more than one (1) Teacha Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your own password and should never disclose it to any third party. You will immediately notify Teacha of any unauthorized use of your Teacha Account. And, Teachers, prior to the lesson creation, need to send a copy of foreigner registration card and passport by email or post to Teacha.
The required operating environment of is listed as below.
- Recommended OS : iOS 5 or above, OSX 10.4 or above, Android 2.0 or above, Windows 7/8
- Recommended Browser : Safari, Firefox, Chrome, Internet Explorer 8 or above
- Recommended OS and browser requirements do not guarantee Teacha’s complete operation for all computer systems.
6. LessonsYou acknowledge and agree that you are responsible for any and all Listings you post and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Lesson. Please note that Teacha assumes no responsibility for a Teacher’s compliance with any applicable laws, rules and regulations. Teacha reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Teacha, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
You understand and agree that Teacha does not act as an insurer or as a contracting agent for you as a Teacher. If a Student requests a booking of your Lesson and takes part in your Lesson, any agreement you enter into with such Student is between you and the Student and Teacha is not a party thereto. Notwithstanding the foregoing, Teacha serves as the limited authorized agent of the Teacher for the purpose of accepting payments from Students on behalf of the Teacher and is responsible for transmitting such payments to the Teacher.
7. No EndorsementTeacha does not endorse any Users or any Lessons. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site. Teacha, Teachers and Students agree that we will not be responsible for any damage or harm, and any financial loss resulting from your interactions with other Users.
By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Teacha.
For TeachersWhen you confirm a booking requested by a Student, Teacha will send you an email, text message or message confirming such booking, depending on the selections you make via the Site. The fees displayed in each Listing are comprised of the Lesson Fees and Service Fees. The amounts due and payable by a Student solely relating to a Teacher’s Lesson are the “Lesson Fees”.
Appointment of Teacha as Payment Agent for TeacherEach Teacher hereby appoints Teacha as the Teacher’s limited agent solely for the purpose of collecting payments made by Students on behalf of the Teacher.
Each Teacher agrees that payment made by a Student to Teacha shall be considered the same as a payment made directly to the Teacher and the Teacher will make the Lesson available to Student in the agreed upon manner as if the Teacher has received the Lesson Fees.
Each Teacher agrees that, Teacha may, in accordance with the cancellation policy reflected in the relevant Listing, permit the Student to cancel the booking and refund to the Student that portion of the Lesson Fees specified in the applicable cancellation policy. Teacha assumes no liability for any acts or omissions of the Teacher.
For StudentsThe Teachers, not Teacha, are solely responsible for honoring any confirmed bookings and making available any Lessons reserved through the Site. If you, as a Student, choose to enter into a transaction with a Teacher for the booking of a Lesson, you agree and understand that you will be required to enter into an agreement with the Teacher and you agree to accept any terms, conditions, rules and restrictions associated with such Lesson imposed by the Teacher.
You acknowledge and agree that you, and not Teacha, will be responsible for performing the obligations of any such agreements, that Teacha is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Teacha disclaims all liability arising from or related to any such agreements.
You acknowledge and agree that, notwithstanding the fact that Teacha is not a party to the agreement between you and the Teacher, Teacha acts as the Teacher’s payment agent for the limited purpose of accepting payments from you on behalf of the Teacher.
Upon your payment of amounts to Teacha which are due to the Teacher, your payment obligation to the Teacher for such amounts is extinguished, and Teacha is responsible for remitting such amounts, less Teacha’s Teacher Fees, to the Teacher. In the event that Teacha does not remit any such amounts to a Teacher, such Teacher will have recourse only against Teacha.
As noted above, the Teacher is required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by Teacha in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Teacher), any amounts of Points collected by Teacha will be refunded to such Student, depending on the selections the Student makes via the Site.
In order to establish a booking pending the applicable Teacher’s confirmation of your requested booking, you understand and agree that Teacha, on behalf of the Teacher, reserves the right, in its sole discretion, to obtain a pre-authorization via your Points for the Lesson Fees.
Please remember that all banking fees and charges must be covered by Student in full.
9. Service FeesIn consideration for providing the Services, Teacha collects service fees from Teachers (“Service Fees”).Service Fees is a fee that is included in the Lesson Fees based upon a percentage of the amount of the Lesson Fees. When paying out the Lesson Fees to Teachers, Incoming taxes also are charged to the Lesson Fees.
Service Fees and Incoming taxes are deducted from the Lesson Fees before remitting the Lesson Fees to the Teacher. Balances will be remitted by Teacha to Teachers via domestic bank, PayPal, or other payment methods described on the Site. Please note that for any payments by Teacha in Japanese Yen.
10. General Booking and Financial Terms
Cancellations and RefundsIf, as a Student, you cancel your requested booking before the requested booking is confirmed by a Teacher, Teacha will cancel any pre-authorization to your Points and/or refund your Points in connection with the requested booking within a commercially reasonable time. If, as a Student, you wish to cancel a confirmed booking made via the Site, either prior to or after arriving at the Lesson, the cancellation policy of the Teacher contained in the applicable Listing will apply to such cancellation. Our ability to refund the Lesson Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. If a Teacher cancels a confirmed booking made via the Site, Teacha will refund the Points for the Lesson Fees for such booking to the applicable Student within a commercially reasonable time of the cancellation. If a Teacher cancelled a confirmed booking and you, as a Student, have not received an email or other communication from the Teacher, please contact Teacha through Contact Form.
TaxesRegarding Japan’s tax reporting requirements, the regulation stipulates that Teacha must collect living address from all teachers. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Teacha cannot and does not offer Tax-related advice to any Users of the Site. Additionally, please note that each Teacher is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Teacher, Teacha may issue a valid slip of Income tax at source to such Teacher.
11. User ConductYou understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content.
In connection with your use of our Site and Services, you agree that you will not:
- violate any local laws or regulations, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, copyrights or contractual rights;
- use our Site or Services in connection with exessive political or religious activities or the distribution of unsolicited commercial email ("spam") or advertisements;
- "stalk" or harass any other user of our Site or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Teacha Student or Teacher;
- offer, as a Teacher, any Lessons that you do not yourself organize or have permission to provide a lesson (without limiting the foregoing, you will not list Lessons as a Teacher if you are serving in the capacity of a school agent or listing agent for a third party);
- connect to a Teacher for any purpose other than asking a question related to a booking, such Teacher’s Lessons or Listings;
- connect to a Student for any purpose other than asking a question related to a booking or such Student’s use of the Site;
- when acting as a Student or otherwise, recruit or otherwise solicit any Teacher or other user to join third party services or websites that are competitive to Teacha, without Teacha’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use the Site to find a Teacher or Student and then complete a booking of a Lesson transaction independent of the Site in order to circumvent the obligation to pay any Service Fees related to Teacha’s provision of the Services;
- as a Teacher, submit any Listing with a false or misleading information, or submit any Listing with that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person;
- or promotes illegal or harmful activities or substances;
- attempt to probe, scan, or test the vulnerability of any Teacha system or network or breach any security or authentication measures;
- advocate, encourage, or assist any third party in doing any of the foregoing.
Teacha reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Teacha, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site.
12. PointsPoints may only be redeemed for confirmed bookings via the Site. Points expire six (6) months from the date that any Points are last purchased in your Teacha Account. Teacha will notify you at the email address you provided during Account registration within thirty (30) days of when the Points in your Teacha Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Points, please contact us at Contact Form.
All decisions regarding your balance will be final and at Teacha’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Points. All Points are forfeited if your Teacha Account is terminated or suspended for any reason, in Teacha’s sole discretion, or if Teacha discontinues providing the Site or Services.
13. Content LicenseSubject to your compliance with the terms and conditions of these Terms, Teacha grants you a limited, non-exclusive, non-transferable license, to access and view any Teacha Content solely for your personal and non-commercial purposes and access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Teacha or its licensors, except for the licenses and rights expressly granted in these Terms.
14. User ContentWe may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site, you hereby grant to Teacha a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site. Teacha does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Teacha the rights in such User Content, as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Teacha’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
15. Copyright PolicyTeacha respects copyright law and expects its users to do the same. It is Teacha’s policy to terminate in appropriate circumstances the Teacha Accounts of Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
16. TerminationWe may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or close your Teacha Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Teacha terminates these Terms, or your access to our Site and Services or deactivates or closes your Teacha Account you will remain liable for all amounts due hereunder.
You may close your Teacha Account at any time via the “Cancel Account” feature of the Services or by sending a request from Contact Form. Please note that if your Teacha Account is closed, we do not have an obligation to delete or return to you any Content you have posted to the Site, including, but not limited to, any reviews or Feedback.
17. DisclaimersIf you choose to use the site, you acknowledge and agree that teacha does not have an obligation to conduct background checks on any user, including, but not limited to, students and teachers, but may conduct such background checks in its sole discretion. The site, collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, teacha explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Teacha makes no warranty that the site, collective content, including, but not limited to, the listings or any lessons, or will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Teacha makes no warranty regarding the quality of any listings, lessons, your accrual of teacha Points, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site.
No advice or information, whether oral or written, obtained from teacha or through the site or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site and with other persons with whom you communicate or interact as a result of your use of the site, including, but not limited to, any teachers or students. You understand that teacha does not make any attempt to verify the statements of users of the site or to review or visit any lessons. Teacha makes no representations or warranties as to the conduct of users of the site or their compatibility with any current or future users of the site. You agree to take reasonable precautions in all communications and interactions with other users of the site and with other persons with whom you communicate or interact as a result of your use of the site, including, but not limited to, students and teachers, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Teacha. Notwithstanding teacha’s appointment as the limited agent of the teachers for the purpose of accepting payments from students on behalf of the teachers, teacha explicitly disclaims all liability for any act or omission of any student or other third party.
18. Reporting MisconductIf you stay with or teacher anyone who you feel is acting or has acted inappropriately including but not limited to, anyone who as followings:
- engages in offensive, violent or sexually inappropriate behavior
- you suspect of stealing from you
- engages in political or religious activities
- engages in soliciting or networking activities
- engages in criminal activities
- engages in aggressive solicit to the lessons
- engages in any other disturbing conduct
19. NoticesAny notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Teacha; via email (in each case to the address that you provide) or by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
20. Dispute ResolutionYou and Teacha agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This “Dispute Resolution” section will survive any termination of these Terms. The interpretation and application of this website and the Terms of Service shall be governed by the laws of Japan.
21. Change logs
- 2014/05/01 Created