“Game College Lv99” Terms of Service

These Terms of Service (hereinafter referred to as “these Terms”) establish the terms and conditions for the use of the game school “Game College Lv99” and related services (collectively referred to as “the Services”) provided by Game Based Learning, Inc. (hereinafter referred to as “the Company”). These Terms also define the rights and obligations between the Company and users of the Services (hereinafter, children using the Services are referred to as “Students” and their guardians as “Guardians”; collectively referred to as “Customers”). Customers are required to thoroughly review and agree to these Terms before using the Services.

Article 1 (Application of these Terms and Conditions)

These Terms aim to define the conditions for providing the Services and the rights and obligations between the Company and Customers with respect to the use of the Services, and shall apply to all relationships between the Company and Customers with respect to the use of the Services.
The membership categories for the Services are as follows:
1. Members who apply for a trial session according to the provisions of Article 3, Paragraphs 1 to 3 and are registered as “Members” (hereinafter referred to as “Members”).
2. Members who are registered as “College Members” according to the procedures in Article 3, Paragraph 5 (hereinafter referred to as “College Members”).
Parents/Guardians who have become Members as defined in the First Item of the preceding paragraph may allow their registered Students receive the Services as defined in Article 5, Paragraph 1. In addition, Parents/Guardians who have become College Members as defined in Second Item of the preceding paragraph shall be entitled to pay the monthly usage fee (as defined in Article 6, Paragraph 2 of this Agreement; hereinafter the same), Parents/Guardians may allow the registered Students to receive the Services as defined in Article 5, Paragraph 2 of the terms and Conditions.
In addition to these Terms of use, if the Company establishes rules or guidelines related to the Services, these will form part of these Terms of use.
In the event of any discrepancy between the content of these Terms and the rules, guidelines, or other explanations outside these Terms, the provisions of these Terms will take precedence.

Article 2 (Changes to the Terms of Service)

The Company may change these Terms without prior consent from Parents/Guardians if any of the following applies:
1. The change in these Terms and Conditions benefits the general interest of the Customers.
2. Changes to these Terms of Use (as defined below) does not contradict the purpose for which this Agreement was made and is reasonable considering the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change.
When changing these Terms based on the preceding paragraph, the Company will notify Parents/Guardians of the fact that these Terms are being changed, the content of the changed Terms, and the effective date (hereinafter referred to as the “Effective Date”in this Article) of the changed Terms at least 30 days prior to the Effective Date.
The changed Terms will apply from the Effective Date, and Parents/Guardians will be deemed to have agreed to the changes. If Customers use the Services after the Effective Date, Parents/Guardians will be deemed to have agreed to all terms of the changed Terms.

Article 3 (Membership)

Parents/Guardians must agree to comply with these Terms in advance and fill out the following information on the application form provided on the site to apply for a trial session:
1. Student’s name, date of birth, and gender.
2. Guardian’s name, date of birth, gender, address, phone number, email address of parents/Guardians.
3. Other matters deemed necessary by the Company.
When using the Service, including participation in the Trial Session, Customer agree to the following terms and Conditions and must apply for the Trial Session:
1. Customers shall provide the following telecommunication devices and applications at their own expense for using the Services, and shall bear the costs of communication charges, electricity fees and other expenses:
  1. Environment with access to the internet.
  2. Devices and applications necessary for game play and communication (PC, smartphone, home game console, game software, game account).
  3. Other devices and applications necessary for attending lessons.
2. Customers are responsible for confirming that their communication environment is suitable for using the Services, and the Company shall not be held responsible for this.
3. The Company does not guarantee that the Services are compatible with all information devices, and Customers are responsible for dealing with any operational issues and update tasks due to OS, browser, and application updates.
4. The Company does not guarantee to the Customer to secure the schedule of the Tutors desired by the Customer or to continue the Tutor registration.
5. The Company is not responsible for any accidents, injuries, illnesses, etc. occurring during the use of the Services. Therefore, especially in lessons involving physical activities or equipment, Customers must prepare an appropriate environment for the lesson, use the lessons according to the physical condition and abilities of the Students, and inform the instructor in advance of any necessary information to avoid dangers during the lesson, such as mental and physical condition, health precautions, and illnesses.
The Company will review the registration information submitted by Customers and approve the membership as a Member. At that point, a use contract (hereinafter referred to as the “Usage Agreement”) based on these Terms is established between the Company and Parents/Guardians, and the registration as a Member is completed.
The Company will notify the Parents/Guardians who have registered as Members of their registration and contact them through email or phone to confirm their preferences and environment concerning the following items:
1. Desired game title for the trial session.
2. Desired date and time for the trial session.
3. Preference for a specific instructor.
4. Confirmation of the usage environment.
5. Other matters deemed necessary by the Company.

The Company will coordinate the trial session based on these preferences and inform the Parents/Guardians of the details. Parents/Guardians can have the Students participate in the designated trial session.

After the trial session, the Company will contact the Parents/Guardians of the participating Students by email to request the registration of College Members and payment information. Customers who wish to register as College Members must provide the Student’s name, date of birth, gender, and payment information. The Company will verify the registration information and notify the Parents/Guardians of the completion of the College Member and payment information registration by email. The Use Contract for College Members between the Guardians and the Company is established upon this notification, and the registered Students can receive the Services as defined in Article 5, Paragraph 2.
The Company reserves the right to refuse the registration of a prospective member or College Member under the following circumstances. The Company is not obligated to disclose the reason for such refusal:
1. If any part or all of the registration information provided to the Company is false, incorrect, or incomplete.
2. If the applicant has violated a contract with the Company in the past or is judged by the Company to be related to such a person.
3. If the applicant has previously received withdrawal measures as stipulated in Article 13.
4. If the Company deems the membership application inappropriate for other reasons.
Parents/Guardians who wish to become College Members must pay the entrance fee as defined in Article 6, Paragraph 1 and the monthly usage fee for the first month as defined in Article 6, Paragraph 2 (or, if applicable, the usage fee for the first month as defined in Article 6, Paragraph 3) using the registered payment method in accordance with Article 4.

Article 4 (Changes to Registration Information)

If there is any change in the registered information, the Parent/guardian shall make such change on the official WhatsApp of the Company without delay.
The Company is not responsible for any damages suffered by Customers due to failure to change the registration information as specified in the preceding paragraph.

Article 5 ( Contents of Service)

Students registered as Members can participate in the trial session introduced at the time of enrollment and attend paid game classes held irregularly by the Company at “Game College Lv99″(hereinafter referred to as “Spot Lessons”) upon paying the specified tuition fee for each Spot Lesson.
Students registered as College Members can attend game classes (hereinafter referred to as “Lessons”) held by the Company at “Game College Lv99” on specific days or times determined at the time of College Member registration.

Article 6 (Entrance Fee, Monthly Usage Fee, and Usage Fee for Mid-Month Enrollment)

Parents/Guardians registered as College Members must pay the entrance fee to the Company according to Article 3, Paragraph 7 to use the Services.
Parents/Guardians of College Members must pay to the Company the monthly usage fee (hereinafter referred to as “Monthly Usage Fee”). The payment for the first month must be made in accordance with Article 3, Paragraph 7.
For Customers who Use Contract is established after the first lesson day of the month, the Customers can participate in lessons from the second business day after the contract establishment date (hereinafter referred to as the “Lesson Participation Start Date”), and the usage fee for the first month will be calculated as follows:

First Month Usage Fee = Monthly Usage Fee × Number of Lessons from Lesson Participation Start Date to End of Month ÷ Prescribed Number of Lessons in the Month
Payments will be processed using Stripe, an online payment processing service. The accepted payment methods will be in accordance with Stripe’s guidelines. For more details, please refer to the following URL: Stripe Payment Methods Overview
Invoices will be issued at the beginning of each month.
There will be no penalties for late payments or failed transactions.

Article 7 (Withdrawal and Termination)

If a Parent/Guardian wishes to withdraw their Student from membership, they must complete the withdrawal procedure via official WhatsApp by the end of the month they wish to terminate. The Service Agreement between the Parent/Guardian, Student, and the Company will terminate upon the completion of the withdrawal procedure. However, if the Customer has applied for Spot Lessons to be held after the withdrawal month, the Service Agreement will continue until the end of the month in which the Spot Lesson is held.
If a Parent/Guardian wishes to withdraw from College Membership, they must complete the withdrawal procedure through My Page by the 15th of the month before the desired withdrawal month (if this day is a Service holiday, the Parent/Guardian must notify the Service on the day before holiday; the same applies hereinafter). Upon completion of the withdrawal procedure, the Guardian will withdraw from College Membership at the end of the previous month and become a regular Member from the current month. If the withdrawal procedure is not completed by the 15th of the previous month, the Parent/Guardian will remain a College Member for the current month and withdraw from College Membership at the end of the month, becoming a regular Member from the following month, and must pay the Lesson fee for the current month.
If a Parent/Guardian of a College Member wishes to withdraw from the membership as well as withdraw from the College Member, the Parent/Guardian must also withdraw from the membership during the withdrawal from the College Member, the Terms of Use between Customer and the Company shall be terminated.

Article 8 (Prohibited Acts)

When using the Service, Customers must not engage in any of the following prohibited acts or any act that the Company deems to fall under any of the following items:

Acts that violate laws, court decisions, or administrative measures
Acts that violate these Terms, laws, court decisions, or administrative measures
Acts that violate public order and morals
Intentional damage to our facilities
The Company, its employees, tutors (as defined in Article 11, Section 1 of this Agreement. The same shall apply hereinafter). Any act that causes discomfort, damage, or disadvantage to the Company or other users of the Service.
Providing false registration information to the Company
Acts of exploiting vulnerabilities in the system to manipulate information
Advertising, publicity, solicitation, or business activities on the premises without our prior consent
Collection of information about other users of this service
Provision of benefits to antisocial forces, etc.
Acts that directly or indirectly cause or facilitate any of the aforementioned actsAny other acts that the Company deems inappropriate

Article 9 (Force majeure)

in the event of any of the following events, the provision of the Service may be suspended for a period of time until the event is resolved.
1. When the Company deems it is difficult to operate the Service due to typhoons or other extreme weather conditions, fire, earthquakes, war, the spread of infectious diseases, or other man-made or natural disasters beyond the Company’s control.
2. When we deem it inappropriate to hold the lesson.
When we judge that it is difficult to open a lesson or a spot lesson due to any of the reasons in preceding paragraph, we shall notify the Parents/Guardians by contacting the phone number or email address provided at the time of registration by the close of business on the previous day for lessons or spot lessons starting in the morning, and by 10:00 am on the same day for lessons or spot lessons starting in the afternoon. We will notify the Parents/Guardian by contacting them at the phone number or email address provided at the time of registration.
In the event of any of the events listed in Paragraph 1, you shall take the lesson in accordance with the provisions of Article 10 of these Terms and Conditions, as a substitute (as defined in Article 10.1 of these Terms and Conditions). (The same shall apply hereinafter). However, the lesson may not be substituted for any of the reasons listed in Paragraph 1. However, in the event of any of the events listed in Paragraph 1, the lesson to be substituted shall be the same (as defined in Paragraph 1). (The same shall apply hereinafter). Within one month from the scheduled date of the lesson.
In the event that a lesson or spot lesson cannot be resumed after one month has passed since the occurrence of any of the events in Paragraph 1, we will refund the portion of the monthly fee paid that corresponds to the lesson or spot lesson that was not taken, or apply the lesson fee to the monthly fee after the resumption of the lesson, the lesson fee will be applied to the monthly fee after the resumption of the lesson.

Article 10 (Transfer)

If Customers are unable to participate in a lesson due to their circumstances, they may take one lesson out of the current month’s lessons (hereinafter referred to as “the lesson to be substituted”) by following the procedures described in the next section. If you are unable to participate in a lesson during the month, you may take a lesson on different days of the week during the same month and the following month as long as you follow the procedures described in the following paragraph. Spot lessons (except those for which the maximum number of students scheduled has been reached) the Students may take lessons by transferring them to another lesson(hereafter referred to as “Transferred lesson”). In the event that a student is not able to take a substitution lesson, the Company will charge the customer the monthly usage fee. The Company will not refund the monthly usage fee to the Customer in the event that the transfer of lessons is not possible.

Article 11 (Change of Lecturers)

The Company does not guarantee that the tutors (hereinafter referred to as ‘Tutors’) who provide lessons or spot lessons to students will remain the same for any specific period of time.The Company or the tutor may change the tutor at their discretion. In this case, we shall notify Parents/Guardians of the change of the tutor by email or Mypage.
If it is necessary to temporarily change tutors due to illness, injury, or other urgent circumstances of the tutor in charge of Service, the Company may change the tutor after notifying the Parents/Guardian in advance or after the fact by email or phone.

Article 12 (Intellectual Property Rights)

All goods and information provided by the Company through the Services (including these Terms, various software, lesson materials, live streaming videos in the Services, etc.) (hereinafter referred to as “the Items”) and all intellectual property rights such as copyrights, patent rights, trademark rights, and know-how (hereinafter referred to as “the Intellectual Property Rights”) belong to the Company or the entities that permit the Company to use the Items.
Customers are to use the Items solely for the purposes of utilizing the Services and must not disclose the Product to third parties.

Article 13 (Withdrawal Regulations)

The Company may temporarily suspend or treat as withdrawn the use of the Services for Customers and may terminate the Use Contract without prior notice or demand if the Customer falls under any of the following:
1. Violation of these Terms.
2. Discovery of any falsehood in the registration information.
3. In the event of non-payment or inability to pay by the Guardian, or if bankruptcy or similar proceedings are filed against the Guardian.
4. Failure to contact the Company despite attempts to reach the Customer for more than seven days.
5. Falling under any of the items in Article 3, Paragraph 5.
6. Absence from lessons for more than one month without notice.
7. Any other reason deemed inappropriate for the use of the Services by the Company.
In any of the cases mentioned in the previous paragraph, the Parents/Guardian loses all benefits of the term for any debt owed to the Company and must immediately pay all debts owed to the Company.
The Company is not liable for any damages incurred by the Customer due to actions taken under this Article, except in cases of intentional or gross negligence by the Company.

Article 14 (Termination of Service Provision)

The Company may terminate the provision of the Services described in Article 5 at its convenience. In such a case, the Company will notify the Parents/Guardians in advance.
The Company is not liable for any damages incurred by the Customer due to actions taken under the previous paragraph, except in cases of intentional or gross negligence by the Company.

Article 15 (Indemnification and Disclaimer of Liability for Damages)

Customers shall compensate for any damages caused to the Company or third parties due to violation of these Terms, the terms of the Services, or laws and regulations.
Customers must resolve any disputes with third parties arising in connection with the use of the Services at their own responsibility and expense.
Even if the Company is liable to Customers in connection with the provision of the Services, the Company’s liability is limited to direct and ordinary damages actually incurred by the Customer, excluding lost profits and special damages arising from special circumstances, whether foreseeable by the Company or not. The Company’s liability is capped at the total amount of usage fees received from the individual Customer, except in cases of intentional or gross negligence by the Company.

Article 16 (Confidentiality)

Customers must treat as confidential any non-public information disclosed by the Company to the Customer in connection with the Services and marked as confidential, unless there is prior written consent from the Company.

Article 17 (Handling of Customer Information and Personal Information)

The Company may collect the following information related to the Services (including personal information, hereinafter referred to as “Customer Information”):
1. Information about Students: Name, date of birth, gender, game skill level, records of game skill improvement, videos during lessons and spot lessons.
2. Information about Guardians: Name, date of birth, gender, phone number, address, email address, and emergency contact information.
The Company will handle Customer Information with due care and use it for the following purposes:
1. For instructing Students.
2. For placing Students in appropriate classes.
3. For conducting tests to verify Students’ growth.
4. For contacting Guardians about the Services.
5. For conducting surveys related to the Services.
6. For issuing and sending invoices related to the Services.

Article 18 (Exclusion of Anti-Social Forces)

Parents/Guardians must represent and warrant that they are not currently, and will not in the future be, involved in any anti-social forces such as organized crime groups, members of organized crime groups, persons who have not been a member of organized crime groups for less than five years, quasi-members of organized crime syndicate, corporate racketeers, or those involved in social movements with violent tendencies, or other equivalent entities (collectively referred to as “Organized Crime Members”), and must not:
1. Have relationships that are recognized as using Organized Crime Members for unlawful benefits or to harm third parties.
2. Have relationships that are recognized as providing funds or convenience to Organized Crime Members.
3. Have socially condemnable relationships with Organized Crime Members.
Guardians shall ensure to not use themselves or third parties to engage in:
1. Violent demands.
2. Unreasonable demands beyond legal responsibility.
3. Acts of threatening behavior or violence in connection with transactions.
4. Acts of spreading rumors, using fraud or force to damage the Company’s credibility or obstruct the Company’s business.
5. Other acts equivalent to the preceding items.
If the ParentsGuardian is found to be an Organized Crime Member or engages in any acts specified in the previous paragraph, or makes false declarations regarding the representations and warranties in this Article, the Company will suspend the use of the Services and cancel the membership registration of the Student or terminate the Use Contract.
In the event of damage to the Customer due to the provisions of the previous paragraph, the Customer cannot claim any compensation from the Company. Furthermore, if the Company suffers damages, the Parents/Guardian will be responsible for such damages.

Article 19 (Contact, Notification, and Announcement)

Inquiries related to the Services, and other contacts or notifications from Parents/Guardians to the Company or instructors, shall be made by calling the phone number below, contacting via the official WhatsApp, or sending through the inquiry form on the “Game College Lv99” official website:

Phone number: 090-8780-1553
Official website: https://gb-learning.com/

Notifications or announcements from the Company to Parents/Guardians, or changes to these Terms, will be made to the phone number or address registered by the Customer.

Article 20 (Assignment of Position under the Use Contract)

Parents/Guardians cannot transfer, assign, set as collateral, or otherwise dispose of their position under the Use Contract or rights and obligations under the Use Contract to any third party under any circumstances.
If the Company transfers the business related to the Services to another company, the Company may transfer the position under the Use Contract, rights and obligations under these Terms of Use, and Customer registration information and other customer information to the transferee, and Guardians agree in advance to such transfer. This business transfer includes not only ordinary business transfers but also company splits and any other cases where business is transferred.

Article 21 (Severability)

If any provision or part of these Terms and Condition is found to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions and parts of these Terms, as well as the remaining portions of the provision found to be partially invalid or unenforceable, will continue to be fully effective.

Article 22 (Governing Law and Court of Jurisdiction)

These Terms and the Use Contract will be governed by and construed in accordance with the laws of Japan.
All disputes arising from or related to these Terms or the Use Contract will be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Established on July 1, 2024

On October 1, typos in Article 10 were corrected.