THIS APPLICATION AND SERVICE AGREEMENT (this “Agreement”) is entered into between ASDORY LLC (hereinafter "Company") and the customer who signs at the end of this Agreement (hereinafter "Client"), with respect to the Agreement on the terms and conditions set forth below.

 

Article 1 – Scope of Services

The service provided under this Agreement shall be named the 'Inbound Educational Consulting Service (hereinafter “Service”). The Service encompasses all consulting, research, and coordination activities conducted by the Company in connection with the Client's enrollment inquiry, including activities performed prior to the execution of this Agreement at the Client's request or with the Client's knowledge. The Company shall provide the following services to the Client:

a. Conducting consultations to understand the Client's needs and requirements;

b. Researching and identifying candidate Japanese nurseries or kindergartens (hereinafter "Accepting Institution");

c. Confirming with candidate Accepting Institutions their availability, conditions, and fees, and reporting the outcome to the Client;

d. Coordinating and supporting enrollment procedures following confirmation of acceptance. Such support includes assistance with application documentation but does not include preparation of legal documents or acting as the Client’s legal representative.

• 2. The Service is a consulting service for matching and coordination purposes only. Any enrollment agreement shall be entered into directly between the Client and the Accepting Institution; the Company shall not be a party to such agreement.

• 3. The Company shall make every reasonable effort to accommodate the Client's requirements but does not guarantee the availability or acceptance of any Accepting Institution. This provision applies equally to any search or coordination activities conducted prior to the execution of this Agreement.

• 4. The Service does not include any activities constituting travel agency services under the Travel Agency Act of Japan (Act No.239 of 1952), including arrangement of transportation or accommodation, or tours. All such arrangements are the sole responsibility of the Client.

• 5. Tuition fees, airfare, accommodation, and all other costs associated with the Client’s stay in Japan are not included in Service fee and shall be borne solely by the Client.

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Article 2 — Application and Formation of Agreement

This Agreement shall be formed upon completion of all of the following steps:

1. The Client's completion of the application form designated by the Company, including confirmation of the Agreement terms via the provided link and indication of consent by checking the designated checkbox (including the separate checkbox confirming the no-refund policy set forth in Article 4); 

2. The Company sends the Client an email containing a PDF or fixed URL of the Agreement terms as confirmed at the time of consent, which shall serve as the official record of the agreed terms; and

3. The Client completes payment of the Service fee in full in accordance with the payment instructions provided by the Company. The Agreement shall be deemed formed upon confirmation of payment receipt.

• 2. The Client’s consent via the designated online application form, including the checkbox confirmations, shall constitute a valid and binding electronic record of the Client’s agreement for the purposes of this Agreement.

 

Article 3 — Service Fee and Payment

The Service fee shall be as follows:

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The fee specified above applies per individual child. The fee is fixed in JPY. Any foreign exchange fees or intermediary bank charges, or transaction fees shall be borne by the Client.

 

• 2. If the Client requests a change of Accepting Institution or schedule after the formation of this Agreement, the Company may charge a change fee to be separately determined. Whether to accept such change and the applicable fee shall be agreed upon between the parties.

 

Article 4 — Cancellation and Refund

If the Client cancels this Agreement after formation, a cancellation fee shall apply as follows:

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• 2. Notwithstanding the foregoing, the Company shall refund the full amount of fees paid by the Client in any of the following circumstances:

a. The enrollment experience becomes impossible due to circumstances attributable to the Accepting Institution (including but not limited to over-capacity, change of policy, or closure);

b. The enrollment experience becomes impossible due to natural disaster, force majeure, or other circumstances beyond the parties' control, including but not limited to earthquakes, typhoons, floods, or large-scale infectious disease outbreaks;

c. The Company becomes unable to provide the Service due to reasons solely attributable to the Company.

• 3. Refunds pursuant to the preceding paragraph shall be made within thirty (30) days of confirmation of the relevant event, by the method designated by the Client.

• 4. The refund schedule above shall not apply in the event of early termination due to the Client's breach of the Pledge. In such cases, Article 6 of the Pledge shall prevail, and no refund shall be issued.

 

Article 5 — Personal Information

The collection, use, storage, and disclosure of personal information provided by the Client and the Client's child shall be governed exclusively by the Company's Privacy Policy, available at:

 

https://www.edoory-kids-japan.com/privacy-policy

 

The Privacy Policy forms an integral part of this Agreement. By executing this Agreement, the Client confirms that they have read and accepted the Privacy Policy. 

 

Personal information collected under this Agreement may be transferred to and processed by the Company and the Accepting Institutions in Japan for the purpose of ensuring a safe enrollment and coordination process. By executing this Agreement, the Client explicitly consents to such transfer and processing of personal data, including data relating to the Client's child, to Japan, which may not provide the same level of data protection as the Client's country of residence.

 

The Privacy Policy is primarily designed to comply with the Act on the Protection of Personal Information of Japan (Act No. 57 of 2003, as amended). Notwithstanding the foregoing, nothing in this Agreement or the Privacy Policy shall exclude or limit any non-waivable rights the Client may have under the mandatory data protection laws of the Client's country of residence.

 

Article 6 — Insurance Obligation

The Client must obtain travel insurance or personal accident insurance covering the Client's child and accompanying guardian(s) for accidents, injuries, and illness occurring within Japan, prior to the first day of the enrollment experience.

• 2. The Company may request the Client to submit proof of insurance coverage (e.g., a copy of the insurance policy) to the Company by the date separately specified by the Company. If such documentation is not received by the specified deadline, the Company may, at its discretion, suspend coordination or terminate this Agreement without refund obligation.

• 3. If the Client's child commences the enrollment experience without valid insurance, or if it is subsequently discovered that a false declaration was made regarding insurance status, the Company shall bear no liability for any accident, injury, illness, or other loss arising during the enrollment experience.

• 4. The selection of insurance products and all enrollment procedures shall be the sole responsibility of the Client, and all insurance premiums shall be borne by the Client.

 

Article 7 — Disclaimer and Limitation of Liability

Prior to recommending any Accepting Institution, the Company shall conduct a reasonable review of publicly available information regarding such institution, its licensing status where applicable. The Company's liability, if any, shall be limited to cases where it failed to perform such reasonable review. The Company shall bear no liability for any of the following:

a. Accidents, injuries, illness, or loss or damage to property occurring during the enrollment experience at the Accepting Institution;

b. Matters relating to the educational philosophy, childcare content, or facility environment of the Accepting Institution;

c. Matters relating to any enrollment agreement entered into directly between the Client and the Accepting Institution;

d. Matters relating to the Client's visa, travel, or immigration procedures in connection with the stay in Japan;

e. Any loss or damage arising from the Client's failure to obtain insurance or from any false declaration regarding insurance coverage as set forth in Article 6.

• 2. To the extent the Company bears any liability to the Client, such liability shall not exceed the total amount of Service fees paid by the Client under this Agreement. This limitation shall not apply in cases of willful misconduct or gross negligence on the part of the Company.

• 3. The Company shall not be liable for any incidental, indirect, special, consequential damages, or lost profits, regardless of the cause.

• 4. The Client acknowledges that Japanese nurseries or kindergartens may emphasize children's autonomy, which can involve outdoor activities and potential minor risk inherent to such an environment (including, but not limited to, minor scrapes, bruises, insect bites, or fatigue resulting from outdoor activities). The Company shall bear no liability for incidents arising from such inherent risks.

• 5. The Client shall provide accurate and complete information regarding the child's health condition, allergies, and any special medical needs, or dietary needs at the time of application. In the event that any inaccuracy, omission, or concealment of such information results in an incident at the Accepting Institution or refusal of enrollment, the Company shall bear no obligation to provide a refund and shall not be liable for any resulting damages.

 

Article 8 — Term

This Agreement shall remain in effect from the date of formation until the last day of the enrollment experience. Notwithstanding the foregoing, the provisions of Article 5 (Personal Information), Article 6 (Insurance Obligation), Article 7 (Disclaimer and Limitation of Liability), Article 9 (Exclusion of Antisocial Forces), and Article 10 (Governing Law and Jurisdiction) shall survive the expiration or termination of this Agreement.

 

Article 9 — Exclusion of Antisocial Forces

The Client represents and warrants that they are not, and are not affiliated with, any organized crime group, organized crime group member, quasi-member, related company, corporate racketeer, or any other antisocial force (as defined under the Guidelines for Exclusion of Antisocial Forces issued by the National Public Safety Commission of Japan).

• 2. The Company may immediately terminate this Agreement without refund obligation if the foregoing representation is found to be false or if the Client engages in conduct associated with antisocial forces.

 

Article 10 — Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Japan. 

• 2. Any disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

• 3. Nothing in this Agreement shall exclude or limit any rights the Client may have under the mandatory consumer protection laws of their country of residence that cannot be contractually waived.

 

Article 11 — General Provisions

Dispute resolution: Prior to initiating any legal proceedings, the parties shall attempt in good faith to resolve any dispute through written correspondence (including email) for a period of not less than thirty (30) days from the date one party first notifies the other of the dispute

a. Amendment: Any amendment to these terms shall apply only to Agreements formed after the date such amendment takes effect. Agreements already in force at the time of amendment shall continue to be governed by the terms in effect at the time of their formation, unless the Client expressly consents in writing to the application of the amended terms.

b. Electronic records: The Client’s consent via the designated online application form, including all checkbox confirmations, shall constitute a valid and legally binding electronic record for the purpose of this Agreement.

c. Severability: If any provision of this Agreement is found to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

d. Entire agreement: This Agreement, together with the Privacy Policy incorporated by reference constitutes the entire agreement between the parties with respect to the Service and supersedes all prior discussions and understandings.

• 2. Any matters not expressly provided for in this Agreement shall be resolved through good-faith discussion between the parties.

• 3. The Client's obligations set forth in the Pledge submitted at the time of application form an integral part of this Agreement.