Instructor Terms

This is a legal agreement between any instructor (hereinafter referred to as “Instructor(s)”,“you”or“yourself”) who makes use of services available at the domain http://www.mail-pal.com (hereinafter referred to as “Website” or “Site”).

By registering yourself as a Instructor, you are agreeing to be bound by this agreement. You are not permitted to offer services through Mail Pal unless you agree to the Instructor terms (hereinafter referred to as “Instructor Terms”)

1.Definitions

Mail Pal is a Site that facilitates the search, request, management and payment for language-related services provided on the Internet. Mail Pal also provides various functionalities which help the Instructors advertise and manage the language-related services.

Definition of Terminology
  1. Student(s) (hereinafter referred to as “Student(s)”)The customers who make use of Mail Pal's language-related services
  2. Instructor (s) (hereinafter referred to as “Instructor (s)”)The Instructor or Students who use the Website
  3. Lesson(s) (hereinafter referred to as “Lesson(s)”)The language-related lessons, advice or information provided by the Instructor thorough the Website
  4. Service(s) (hereinafter referred to as “Service(s)”)All the services provided through the Website including the Lessons

Should you have any question, feel free to contact us at: contact@mail-pal.com

2. Notifications from Mail Pal

Mail Pal may send notices or information to the Instructor whenever Mail Pal deems fit or necessary by electronic mail or by way of posting such information on the Website.

Such notifications will take effect when they are either posted on the Website or sent to Instructor by email.

3. Limitations of Use

The Services may only be used by those who fulfill the following criteria:

  • Those who are over 18 years of age and mentally competent to be held responsible for their actions.
  • Those who are legally permitted to work in the countries from which they provide the Lessons.

4. Regarding Use

Mail Pal checks and manages the actions of all the Instructors. It generally evaluates, provides, produces or controls the content of courses and Lessons offered by the Instructors on a regular basis.

You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Website and all the Services.

Mail Pal does not take the full responsibilities for any information (verbal, electronic or otherwise), or physical material exchanged between the Instructors and Students. You hereby agree to exempt Mail Pal from any damage, liability or loss which results from such an exchange.

You will not exchange anything except information as the part of the Services you provide for Mail Pal.

5. Management of your Account

You will take the full responsibilities in the use and management of your login ID and password. You hereby agree that Mail Pal will take the full responsibilities for the misuse of your account by you or a third party.

In the event that you discover that an unauthorized third party has accessed your account, you will notify Mail Pal immediately.

6. Fees and Payment

You hereby authorize Mail Pal to collect your fees on your behalf and subtract Services charge as defined in this agreement. Mail Pal will incur an obligation to pay you for your Lessons when you complete the Lessons in a manner specified on the Website, except in the following cases.

7. Mail Pal may withhold payment to you in the following cases:

  1. In the event that a refund request made by the Students based on grievances on the Lesson's quality, manner of administration, or the Instructor’s behavior has been recognized and accepted as valid by Mail Pal
  2. In the event that you have been found to violate this agreement at any point before, during and after the administration of the Lessons
  3. In the event that Mail Pal can not pay you to incorrect or insufficient information in your profile such as your bank account information

Your fee for the Lessons will be calculated based on the unit price of the Lessons.

Your fee will be paid on the 15th of each month for the Services rendered during the first and last days of the previous month. The fee will be paid out to an online account specified by you. However the online account must be one that Mail Pal approves of beforehand. Mail Pal will bear the cost of transfer into your account but will not bear the cost of any withdrawal fee (Some online payment Services charge a withdrawal fee from your account to cash). Furthermore, the result of all calculations will be rounded to the nearest Yen.

Mail Pal has the right to freeze your account and withhold all payment in case You are found to violate this agreement.

8. Service Charge

You hereby agree to pay Mail Pal the following Service charge for all the lessons administered through Mail Pal.

A maximum of 65% of the unit price changed to the Students.

9. None Disclosure

During the registration as an Instructor at Mail Pal, there may be disclosed certain trade secrets of Mail Pal; said trade secrets consisting but not necessarily limited to:

  1. Technical information: Methods, processes, formulae, compositions, systems, techniques, inventions, machines, computer programs and research projects
  2. Business information: Customer lists, pricing data, sources of supply, financial data and marketing, production, or merchandising systems or plans

Instructors agree that they shall not during, or at any time after the termination of registration at Mail Pal, use for yourself or others, or disclose or divulge to others including, any trade secrets, confidential information, or any other proprietary data of Mail Pal in violation of this agreement.

After the termination of registration at Mail Pal, the Instructors shall return to Mail Pal all the documents and property of the Company, including but not necessarily limited to: drawings, blueprints, reports, manuals, correspondence, customer lists, computer programs, and all other materials and all copies thereof relating in any way to the Company's business, or in any way obtained by me during the course of employ. I further agree that I shall not retain copies, notes or abstracts of the foregoing.

10. Forbidden Actions

As an Instructor, you will not do any of the following:

  • Offer services which require a professional license such as legal or medical advice
  • Offer services which include contents that are criminal or discriminatory in nature
  • Offer services which may be offensive to public order and morals
  • Offer services which include adult content, or any other content which may be deemed inappropriate for the general public including minors
  • Offer services which the primary purpose is the sale of material goods
  • Offer services which infringe on the privacy rights of third parties
  • Disseminate untruthful information on your profile or thorough Mail Pal's Services
  • Tamper or delete any information on the Website which does not belong to you
  • Infringe on the copyrights, intellectual property rights, privacy rights or any other right belonging to Mail Pal or other third parties
  • Abuse, slander or libel Mail Pal or other third parties
  • Send unauthorized email or solicitations of business to Mail Pal or the Users
  • Use Mail Pal as a tool for Ponzi schemes, pyramid schemes and other fraudulent money making schemes
  • Use Mail Pal for election campaigns, or to use Mail Pal in any way that infringes on public election laws
  • Spread computer viruses and other damaging programs or to suggest such acts
  • Use someone else's identity when using Services on the Website
  • Attempt to access without authorization other computer systems or networks connected with Mail Pal's Services
  • Engage in any action which may cause any disbenefit towards Mail Pal, the Users or other third parties connected with the Website
  • Promote or endorse any of the previously stated actions
  • Engage in any other action which Mail Pal deems inappropriate
  • Encourage the Students to use any other language-related Services provided by any profit or non-profit organization or individual that are clearly considered as the competitors of Mail Pal
  • Directly make any agreement and contract with the Students to provide any other language-related Services if they are introduced by Mail Pal, and will still remain effective despite of the terminations of contracts with Mail Pal

11. Instructor Responsibilities

You hereby recognize and agree to the following responsibilities which come into effect when you accept this agreement.

  • You will make sure that your profile always contains accurate and up-to-date information.
  • You will make all the possible efforts to adhere to the Lesson conditions (such as content, start date/time, etc) agreed upon between the Instructors and Students.

You will take the full responsibilities for the filing of tax reports and payment of appropriate taxes in your country of residence for all the payment received from Mail Pal.

12. Treatment of Private/Sensitive Information Exchanged through Mail Pal

You hereby understand and agree that some of the information you register in your profile will be disclosed to the general public. Such information will be clearly marked so in their respective input forms.

You will not disclose or let leak to third parties any sensitive, private or secret information you receive through the course of your Lessons. Nor will you use such information for any other purpose than to administer your Lessons.

Other than the information you freely and publicly disclose on your profile, you will not disclose any confidential or sensitive information in your possession including information which may lead to a financial, marketing, technical advantage; and any other information that might be considered an asset to the Students, Users or third parties through Mail Pal's Services. In the event that you do disclose such information, you will be considered to have relinquished all the claims to the information's sensitivity or confidentiality.

Mail Pal will, according to the Privacy Policy on the Website, appropriately protect all the personal information registered on the Website.

13. Assignment of Licensing Rights

You hereby agree to assign to Mail Pal free of charge the eternal and non-exclusive rights to globally use, display, play, alter, translate and distribute any information and its derivatives which you choose to publicly disclose through the Website. This information may include text, photographs, paintings, music, and reviews. Mail Pal will consider any other relevant right you may have when exercising this right.

14. Indemnification

You agree to indemnify, defend, and hold harmless Mail Pal and its officers, employees, shareholders, directors and suppliers against all the claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of the Website and the Services offered within, or any claim by a third party related to the use of the Website.

15. Warranty and Liability

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY LESSON, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHT OR LICENSE UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAIL PAL DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE LESSONS OFFERED THEREIN WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. MAIL PAL SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGE, OR LOST PROFIT OR ANY OTHER DAMAGE, COST OR LOSSE ARISING OUT OF YOUR USE OF THE WEBSITE OR THE LESSON.

16. Availability/Continuity of the Service

Mail Pal shall not be held responsible for any damages caused by inevitable events altering or interrupting the service such as:

  • virus attack
  • system downtime
  • natural disaster
  • any other event not listed here that cannot be prevented using reasonable means

17. Modification of the Service

Mail Pal reserves the right to modify, halt temporarily or permanently the service at any time and without preliminary notice.

18. Modification of the Terms of Use

Mail Pal reserves the right to modify the present terms of use without prior notice. By their continued use of the site, users are expected to agree with the revised terms of use available on this same page.

19. Governing Law

Any disputes involving this site will be governed by Japanese Law before the Tokyo District Court.

20. Date

The present terms of use shall become effective from August 1, 2009.