WingArc1st Certification
Program Agreement
Accordion Description
This terms and conditions
for Application for the WingArc1st Certification Program (“Terms”) shall apply to customers
(“Customer”) who wish to use the certification program(“Certification Program”)
under which WingArc1st Inc.(“WingArc”) certifies that the customer has a
certain level of technical skills with respect to the products and services of
WingArc (“WingArc Products”).
Article 1. Application Qualifications
1. To apply for the Certification Program, the Customer must meet all of the following requirements;
(a) To Agree to all the provisions of this Terms;
(b) To Comply with the Agreement(as defined in the following article), various guidelines, and precautions defined separately by WingArc (collectively referred to as “Guidelines”);
(c) The Customer guarantees that it has no association with organized crime (“Antisocial Forces”), and that it does not interact or is involved with organized crime in any way, such as cooperating or participating in the maintenance, operation or management of Antisocial Forces through the provision of funds or other means; and
(d) The Customer must have the necessary PC environment to take exams.
2. The Customer shall be deemed to have agreed to all the provisions of the Terms upon starting this application procedure.
1. To apply for the Certification Program, the Customer must meet all of the following requirements;
(a) To Agree to all the provisions of this Terms;
(b) To Comply with the Agreement(as defined in the following article), various guidelines, and precautions defined separately by WingArc (collectively referred to as “Guidelines”);
(c) The Customer guarantees that it has no association with organized crime (“Antisocial Forces”), and that it does not interact or is involved with organized crime in any way, such as cooperating or participating in the maintenance, operation or management of Antisocial Forces through the provision of funds or other means; and
(d) The Customer must have the necessary PC environment to take exams.
2. The Customer shall be deemed to have agreed to all the provisions of the Terms upon starting this application procedure.
Article 2. Establishment of a Agreement
1. The Agreement for the use of the Certification Program (“Agreement”) shall be entered into when the Customer applies for the Certification Program in accordance with this Terms, WingArc accepts the application and notifies the Customer.
2. By filing an application, the Customer agrees that WingArc may not accept the application in the preceding paragraph in case of any of the following cases;
(a) If the customer has made an application that is untrue;.
(b) If significant business or technical difficulties are found with respect to the Customer’s use of the Certification Program;
(c) If the Customer is found to be likely to infringe the rights of third parties or commit an illegal act, by using the Certification Program;
(d) If the Customer applies for the Certification Program with illegal or unfair purposes;
(e) In addition to the cases listed in each item of this section, when it is deemed inappropriate to allow the Customer to use the Certification Program.
3. WingArc will not disclose its reason for not accepting the application.
1. The Agreement for the use of the Certification Program (“Agreement”) shall be entered into when the Customer applies for the Certification Program in accordance with this Terms, WingArc accepts the application and notifies the Customer.
2. By filing an application, the Customer agrees that WingArc may not accept the application in the preceding paragraph in case of any of the following cases;
(a) If the customer has made an application that is untrue;.
(b) If significant business or technical difficulties are found with respect to the Customer’s use of the Certification Program;
(c) If the Customer is found to be likely to infringe the rights of third parties or commit an illegal act, by using the Certification Program;
(d) If the Customer applies for the Certification Program with illegal or unfair purposes;
(e) In addition to the cases listed in each item of this section, when it is deemed inappropriate to allow the Customer to use the Certification Program.
3. WingArc will not disclose its reason for not accepting the application.
Article 3. Application Procedure for the Certification Program
1. To apply for the use of the Certification Program, the Customer shall fill out and submit the application form on WingArc’s website. The Customer may withdraw their application at any time after submitting it, provided that it has not yet been accepted by WingArc.
2. When WingArc accept the Customer’s application, WingArc shall provide the Customer with information on how to use the Certification Program.
1. To apply for the use of the Certification Program, the Customer shall fill out and submit the application form on WingArc’s website. The Customer may withdraw their application at any time after submitting it, provided that it has not yet been accepted by WingArc.
2. When WingArc accept the Customer’s application, WingArc shall provide the Customer with information on how to use the Certification Program.
Article 4. Customer’s Obligation to Inform
1. The Customer shall promptly notify Wingarc of any changes to the application details in Paragraph 1 of the preceding article.
2. WingArc shall not be liable for any damages incurred by the Customer due to inaccurate information provided by the Customer or the Customer's failure to provide the notice described in the preceding paragraph.
1. The Customer shall promptly notify Wingarc of any changes to the application details in Paragraph 1 of the preceding article.
2. WingArc shall not be liable for any damages incurred by the Customer due to inaccurate information provided by the Customer or the Customer's failure to provide the notice described in the preceding paragraph.
Article 5. Certification Program
1. The Certification Program’s contents (including but not limited to grades, definitions (persona, levels), and certification period) shall be defined separately by WingArc. The contents, including the requirements for obtaining and maintaining certifications, may be changed at any time at WingArc’s sole discretion. In addition, WingArc may transfer the grades and levels of the Customer certified under the Certification Program as it stood prior to any changes made, to the modified Certification Program. The particulars of such cases shall be determined separately by WingArc.
2. WingArc may require the Customer to retake part or all of the contents of the Certification Program in accordance with the changes set out in the preceding paragraph.
1. The Certification Program’s contents (including but not limited to grades, definitions (persona, levels), and certification period) shall be defined separately by WingArc. The contents, including the requirements for obtaining and maintaining certifications, may be changed at any time at WingArc’s sole discretion. In addition, WingArc may transfer the grades and levels of the Customer certified under the Certification Program as it stood prior to any changes made, to the modified Certification Program. The particulars of such cases shall be determined separately by WingArc.
2. WingArc may require the Customer to retake part or all of the contents of the Certification Program in accordance with the changes set out in the preceding paragraph.
Article 6. Fees
1. In relation to the Agreement, the Customer shall pay WingArc fees to be determined separately (“Usage Fees”). However, this does not apply if the Customer selects a free program when applying to use the Certification Program.
2. WingArc reserves the right to change the Usage Fees. WingArc also reserves the right to change free programs to paid programs. In such cases, WingArc will notify the Customer at least two months in advance of any changes. If the Customer has not communicated a specific objection by the date when the changes are to apply, the Customer shall be deemed to have agreed to the changes. In the event of any specific objection by the Customer, the Agreement shall be deemed terminated by the Customer as of the day before the changes apply.
3. Usage Fees will not be refunded for any reason.
1. In relation to the Agreement, the Customer shall pay WingArc fees to be determined separately (“Usage Fees”). However, this does not apply if the Customer selects a free program when applying to use the Certification Program.
2. WingArc reserves the right to change the Usage Fees. WingArc also reserves the right to change free programs to paid programs. In such cases, WingArc will notify the Customer at least two months in advance of any changes. If the Customer has not communicated a specific objection by the date when the changes are to apply, the Customer shall be deemed to have agreed to the changes. In the event of any specific objection by the Customer, the Agreement shall be deemed terminated by the Customer as of the day before the changes apply.
3. Usage Fees will not be refunded for any reason.
Article 7. Period of Use and Renewal
1. The period of the Program shall be from April of each year to the end of March of the following year. However, if the termination procedure of the Program is not completed by the end of the month before the month in which the Agreement period expires, the Agreement and the Program shall be renewed for a period of one year under the same conditions as the current Agreement and the Terms, and the same shall apply thereafter.
2. Notwithstanding the preceding paragraph, if the Customer applies for the Certification Program in the middle of a fiscal year, the Agreement period shall be from the date of WingArc’s acceptance of the application to the end of March of the same fiscal year.
3. In the case of the preceding paragraph, the terms of renewal shall be the same as set out in paragraph 1 of this article.
1. The period of the Program shall be from April of each year to the end of March of the following year. However, if the termination procedure of the Program is not completed by the end of the month before the month in which the Agreement period expires, the Agreement and the Program shall be renewed for a period of one year under the same conditions as the current Agreement and the Terms, and the same shall apply thereafter.
2. Notwithstanding the preceding paragraph, if the Customer applies for the Certification Program in the middle of a fiscal year, the Agreement period shall be from the date of WingArc’s acceptance of the application to the end of March of the same fiscal year.
3. In the case of the preceding paragraph, the terms of renewal shall be the same as set out in paragraph 1 of this article.
Article 8. Suspension or Discontinue of the Certification Program
1. WingArc may suspend or discontinue the use of all or part of the Certification Program if any of the following cases applies;:
(a) When periodic or emergency maintenance is performed on the network system;
(b) When legal regulations and judicial or administrative orders require it;
(c) When WingArc deems it necessary to suspend or shutdown part or all of the Certification Program for operational or technical reasons;
(d) When WingArc becomes unable to operate the Certification Program due to earthquakes, lightning strikes, fires, windstorms, floods, power outages, natural disasters, or other events of force majeure; or
(e) When internet and other services necessary for the Certification Program are suspended.
2. In the event that all or part of the use of the Certification Program is to be suspended or discontinued due to any of the items in the preceding paragraph, WingArc will notify the Customer in advance.
3. WingArc shall not be liable for any damages incurred by the Customer due to the suspension or discontinue of part or all of the Certification Program.
1. WingArc may suspend or discontinue the use of all or part of the Certification Program if any of the following cases applies;:
(a) When periodic or emergency maintenance is performed on the network system;
(b) When legal regulations and judicial or administrative orders require it;
(c) When WingArc deems it necessary to suspend or shutdown part or all of the Certification Program for operational or technical reasons;
(d) When WingArc becomes unable to operate the Certification Program due to earthquakes, lightning strikes, fires, windstorms, floods, power outages, natural disasters, or other events of force majeure; or
(e) When internet and other services necessary for the Certification Program are suspended.
2. In the event that all or part of the use of the Certification Program is to be suspended or discontinued due to any of the items in the preceding paragraph, WingArc will notify the Customer in advance.
3. WingArc shall not be liable for any damages incurred by the Customer due to the suspension or discontinue of part or all of the Certification Program.
Article 9. Discontinuation of the Program and Measures to be Taken upon
Discontinuation
1. WingArc may, at its own convenience, discontinue the Certification Program or change its contents or requirements at any time. In the event that WingArc terminates or significantly changes the Certification Program, WingArc will notify the Customer at least two months prior to the change.
2. In the case of the preceding paragraph, WingArc will not refund the Usage Fees for the Certification Program or pay compensation for damages or provide any other kind of compensation to the Customer.
3. The changes defined in Item 1 shall take effect on the date of the change.
1. WingArc may, at its own convenience, discontinue the Certification Program or change its contents or requirements at any time. In the event that WingArc terminates or significantly changes the Certification Program, WingArc will notify the Customer at least two months prior to the change.
2. In the case of the preceding paragraph, WingArc will not refund the Usage Fees for the Certification Program or pay compensation for damages or provide any other kind of compensation to the Customer.
3. The changes defined in Item 1 shall take effect on the date of the change.
Article 10. Trademark License
1. The Customer may use the trademarks, trade names, or marks of WingArc or the Technical Certification Program (“Trademarks”) in accordance with the scope and rules defined in advance by WingArc.
2. The Customer must not perform any act that damages or may damage WingArc’s Trademarks.
3. The Customer must not use the Trademarks in a manner that may lead others to misunderstand that the products or services the Customer provides are WingArc products.
4. All rights not explicitly granted in the Contract, the Agreement and the Guidelines belong to WingArc. The Customer agrees that trademarks and all other rights are owned by WingArc.
5. The Agreement shall not be construed as granting any explicit or implied consent for the Customer’s use of the Trademarks other than as set out in Item 1.
6. The Customer may not assign, transfer, permit the use of, or set as collateral the rights granted in the Contract or the Agreement without prior written permission from WingArc.
1. The Customer may use the trademarks, trade names, or marks of WingArc or the Technical Certification Program (“Trademarks”) in accordance with the scope and rules defined in advance by WingArc.
2. The Customer must not perform any act that damages or may damage WingArc’s Trademarks.
3. The Customer must not use the Trademarks in a manner that may lead others to misunderstand that the products or services the Customer provides are WingArc products.
4. All rights not explicitly granted in the Contract, the Agreement and the Guidelines belong to WingArc. The Customer agrees that trademarks and all other rights are owned by WingArc.
5. The Agreement shall not be construed as granting any explicit or implied consent for the Customer’s use of the Trademarks other than as set out in Item 1.
6. The Customer may not assign, transfer, permit the use of, or set as collateral the rights granted in the Contract or the Agreement without prior written permission from WingArc.
Article 11. Agency Relationship
WingArc and the Customer are independent contractors and do not represent or act on behalf of any other party. In addition, the Customer must not engage in any activities, or say or do anything that may mislead a third party into believing that it is representing or acting on behalf of WingArc.
WingArc and the Customer are independent contractors and do not represent or act on behalf of any other party. In addition, the Customer must not engage in any activities, or say or do anything that may mislead a third party into believing that it is representing or acting on behalf of WingArc.
Article 12. Disclosure of Initiatives
1. The Customer agrees, upon mutual confirmation with WingArc, that its trade name, business name and its use of the Certification Program may be made public on websites, seminars (including those that are co-hosted), exhibitions, and other events specified by WingArc(“Events”).
2. Based on the scope of confirmation in the preceding paragraph, WingArc may make the Events public at the places and by the methods listed in the preceding paragraph.
1. The Customer agrees, upon mutual confirmation with WingArc, that its trade name, business name and its use of the Certification Program may be made public on websites, seminars (including those that are co-hosted), exhibitions, and other events specified by WingArc(“Events”).
2. Based on the scope of confirmation in the preceding paragraph, WingArc may make the Events public at the places and by the methods listed in the preceding paragraph.
Article 13. Customer Introduction
In the event that an end user of WingArc products makes an inquiry regarding the Certification Program, WingArc may introduce the Customer to the concerned end user.
In the event that an end user of WingArc products makes an inquiry regarding the Certification Program, WingArc may introduce the Customer to the concerned end user.
Article 14. No Warranty Provided
1. WingArc and its affiliates make no warranties regarding Trademarks, and the grades or levels the Customer has been certified with based on the Certification Program.
2. There are no explicit, implied or statutory warranties or conditions concerning the Agreement, the Terms and the Guidelines. WingArc makes no implied warranties of applicability to specific purposes or non-infringement of third-party rights.
1. WingArc and its affiliates make no warranties regarding Trademarks, and the grades or levels the Customer has been certified with based on the Certification Program.
2. There are no explicit, implied or statutory warranties or conditions concerning the Agreement, the Terms and the Guidelines. WingArc makes no implied warranties of applicability to specific purposes or non-infringement of third-party rights.
Article 15. Change of the Terms
1. WingArc, if necessary, may revise the Terms at any time without the prior consent of the Customer.
2. In the event that WingArc changes the Terms, WingArc shall notify the Customer of the changes and make a public announcement of the changes and the location of the changes, and the changes shall become effective upon such public announcement.
3. In the event that the Customer continue with the Agreement or use the Certification Program after the changes to the Terms become effective, the Customer will be deemed to have agreed to the changes to the Terms as set forth in this Article.
1. WingArc, if necessary, may revise the Terms at any time without the prior consent of the Customer.
2. In the event that WingArc changes the Terms, WingArc shall notify the Customer of the changes and make a public announcement of the changes and the location of the changes, and the changes shall become effective upon such public announcement.
3. In the event that the Customer continue with the Agreement or use the Certification Program after the changes to the Terms become effective, the Customer will be deemed to have agreed to the changes to the Terms as set forth in this Article.
Article 16. Prohibited Acts
In using the Certification Program, the Customer shall not engage in any of the following;
(a) Assign, transfer, set as collateral or make any other undertakings to a third party regarding its contractual status, or regarding part or all of the rights and obligations arising from the agreements based on the Terms, without prior consent of WingArc;
(b) State falsehoods in any material submitted to WingArc, including application forms;
(c) Act to infringe or potentially infringe on the honor, social credibility, copyrights, trademark rights, patent rights, utility model rights, privacy rights, portrait rights, publicity rights, or other rights of WingArc or any third party;
(d) Advertise or promote WingArc products in any manner other than those approved by WingArc;
(e) Act to breach the Agreement, the Terms and the Guidelines;
(f) Disclose or leak to a third party, by methods such as reprinting, quoting or posting on other media, information about the Certification Program or information defined in Article 23 without the prior consent of WingArc;
(g) Provide benefits or favors to Antisocial Forces;
(h) Use the Certification Program for the purposes of providing information to parties (including corporations) other than WingArc, collecting information by parties engaged in businesses that compete with WingArc, or for soliciting for religious or political activities;
(i) Disseminate untruthful information about WingArc and the Certification Program to other parties;
(j) Act to infringe or potentially infringe WingArc’s copyrights, trademark rights, and other intellectual property rights (including but not limited to copying, modifying, publicly transmitting, making transmittable, uploading, renting, showing or broadcasting distributed content);
(k) Circumvent the technological protection measures put in place when using the Certification Program;
(l) Provide personal information obtained through the Certification Program to a third party;
(m) Falsify or delete information provided by the Certification Program;
(n) Attempt to gain unauthorized access to other computer systems or networks connected to the Certification Program;
(o) Use or provide harmful programs such as computer viruses, or act to encourage such actions;
(p) Modify, alter, grant permission to use, translate, sell, imitate after analysis, decode, decompile or disassemble, or carry out other similar acts on the software or systems used in the Certification Program;
(q) Record in audio or video information related to the Certification Program without the permission of WingArc;
(r) Distribute the Certification Program on the internet:
(s) Allow the use of the Certification Program by persons other than the Customer who filed an application:
(t) Cheating (including to cheat, leak of exam questions, take an exam on behalf of another person, receive assistance from another person during the exam or other acts prohibited by guidelines);
(u) Act to promote the actions specified in each item in this article;
(v) Acts suspected of being the actions specified in each item in this article;
(w) Act to violate public order, morals, or public sentiment;
(x) Act to violate laws and regulations to be observed by the Customer; or
(y) Aside from the actions specified in each item, similar actions and acts that WingArc deems inappropriate.
In using the Certification Program, the Customer shall not engage in any of the following;
(a) Assign, transfer, set as collateral or make any other undertakings to a third party regarding its contractual status, or regarding part or all of the rights and obligations arising from the agreements based on the Terms, without prior consent of WingArc;
(b) State falsehoods in any material submitted to WingArc, including application forms;
(c) Act to infringe or potentially infringe on the honor, social credibility, copyrights, trademark rights, patent rights, utility model rights, privacy rights, portrait rights, publicity rights, or other rights of WingArc or any third party;
(d) Advertise or promote WingArc products in any manner other than those approved by WingArc;
(e) Act to breach the Agreement, the Terms and the Guidelines;
(f) Disclose or leak to a third party, by methods such as reprinting, quoting or posting on other media, information about the Certification Program or information defined in Article 23 without the prior consent of WingArc;
(g) Provide benefits or favors to Antisocial Forces;
(h) Use the Certification Program for the purposes of providing information to parties (including corporations) other than WingArc, collecting information by parties engaged in businesses that compete with WingArc, or for soliciting for religious or political activities;
(i) Disseminate untruthful information about WingArc and the Certification Program to other parties;
(j) Act to infringe or potentially infringe WingArc’s copyrights, trademark rights, and other intellectual property rights (including but not limited to copying, modifying, publicly transmitting, making transmittable, uploading, renting, showing or broadcasting distributed content);
(k) Circumvent the technological protection measures put in place when using the Certification Program;
(l) Provide personal information obtained through the Certification Program to a third party;
(m) Falsify or delete information provided by the Certification Program;
(n) Attempt to gain unauthorized access to other computer systems or networks connected to the Certification Program;
(o) Use or provide harmful programs such as computer viruses, or act to encourage such actions;
(p) Modify, alter, grant permission to use, translate, sell, imitate after analysis, decode, decompile or disassemble, or carry out other similar acts on the software or systems used in the Certification Program;
(q) Record in audio or video information related to the Certification Program without the permission of WingArc;
(r) Distribute the Certification Program on the internet:
(s) Allow the use of the Certification Program by persons other than the Customer who filed an application:
(t) Cheating (including to cheat, leak of exam questions, take an exam on behalf of another person, receive assistance from another person during the exam or other acts prohibited by guidelines);
(u) Act to promote the actions specified in each item in this article;
(v) Acts suspected of being the actions specified in each item in this article;
(w) Act to violate public order, morals, or public sentiment;
(x) Act to violate laws and regulations to be observed by the Customer; or
(y) Aside from the actions specified in each item, similar actions and acts that WingArc deems inappropriate.
Article 17. Measures to be taken in case of Breach of the Terms
1. WingArc may seek the suspension or removal of such actions, may limit, suspend, or revoke the Customer’s certification, or enforce fixed-term or permanent revocation of exam qualifications, when the Customer breach or be likely to breach the Agreement, the Terms, the Guidelines or any other laws and regulations to be observed by the Customer.
2. WingArc shall not be liable for any damages incurred by the Customer, even if the measures defined in Paragraph 1of this article are carried out.
1. WingArc may seek the suspension or removal of such actions, may limit, suspend, or revoke the Customer’s certification, or enforce fixed-term or permanent revocation of exam qualifications, when the Customer breach or be likely to breach the Agreement, the Terms, the Guidelines or any other laws and regulations to be observed by the Customer.
2. WingArc shall not be liable for any damages incurred by the Customer, even if the measures defined in Paragraph 1of this article are carried out.
Article 18. Revocation of Certification
1. In addition to the preceding article, WingArc may revoke certifications in the following; When the customer lacks certification requirements; and
(a) When the customer lacks certification requirements; and
(b) When there is failure to comply with the measures set out in Paragraph 1 of the preceding article.
2. In the event of revocation of certification based on the preceding paragraph, the provisions of Paragraph 2 of the preceding article shall apply in the same manner.
1. In addition to the preceding article, WingArc may revoke certifications in the following; When the customer lacks certification requirements; and
(a) When the customer lacks certification requirements; and
(b) When there is failure to comply with the measures set out in Paragraph 1 of the preceding article.
2. In the event of revocation of certification based on the preceding paragraph, the provisions of Paragraph 2 of the preceding article shall apply in the same manner.
Article 19. Effects of Termination of Certification
Upon expiration of the term of the Agreement and the certification period, or upon termination of the Agreement due to reasons such as revocation of certification, the Customer must promptly implement the following;
(a) Suspend all activities related to the Certification Program;
(b) Stop presenting proof of being a customer of the Certification Program;
(c) Stop the use of all certifications and Trademarks: and
(d) Destroy relevant materials received through the Certification Program.
Upon expiration of the term of the Agreement and the certification period, or upon termination of the Agreement due to reasons such as revocation of certification, the Customer must promptly implement the following;
(a) Suspend all activities related to the Certification Program;
(b) Stop presenting proof of being a customer of the Certification Program;
(c) Stop the use of all certifications and Trademarks: and
(d) Destroy relevant materials received through the Certification Program.
Article 20. Preservation of Personal Information
1. Refer to the Personal Information Protection Policy (Privacy Policy) in the following URL for information about WingArc’s handling of personal information. https://www.wingarc.com/en/about/policy.html
2. WingArc will handle personal information provided by the Customer when using the Certification Program in accordance with the “Act on the Protection of Personal Information”. The term “Personal Information” in this article refers to personal information as defined in the ““Act on the Protection of Personal Information”.
3. If the Customer registers the corporation/organization they belong in (including equivalent groups, hereinafter collectively referred to as “Affiliated Corporations”) as part of the information in its application form or other Certification Program, WingArc shall be able to disclose the Customer’s information to the Affiliated Corporations, if the Affiliated Corporations requests it.
1. Refer to the Personal Information Protection Policy (Privacy Policy) in the following URL for information about WingArc’s handling of personal information. https://www.wingarc.com/en/about/policy.html
2. WingArc will handle personal information provided by the Customer when using the Certification Program in accordance with the “Act on the Protection of Personal Information”. The term “Personal Information” in this article refers to personal information as defined in the ““Act on the Protection of Personal Information”.
3. If the Customer registers the corporation/organization they belong in (including equivalent groups, hereinafter collectively referred to as “Affiliated Corporations”) as part of the information in its application form or other Certification Program, WingArc shall be able to disclose the Customer’s information to the Affiliated Corporations, if the Affiliated Corporations requests it.
Article 21. Disclaimer
1. WingArc shall not be liable for any damages incurred by the Customer arising from the following events, regardless of whether WingArc has been negligent or not. This is not limited to cases in which any of the following events occur during the use of the Certification Program;
(a) Events caused by force majeure or attributable to the Customer or a third party.
(b) Breachof the Agreement, the Terms, the Guidelines, or other laws and regulations to be observed by the Customer.
(c) System failure, server errors, and defects or delays in telecommunication lines.
(d) Unauthorized access to data related to the service.
(e) Damage or impairment to part or all of the test data and others based on the events listed in each item.
2. WingArc shall not be liable for any damages incurred by the Customer in connection with this Terms or the Certification Program, except in cases of willful misconduct or gross negligence.
1. WingArc shall not be liable for any damages incurred by the Customer arising from the following events, regardless of whether WingArc has been negligent or not. This is not limited to cases in which any of the following events occur during the use of the Certification Program;
(a) Events caused by force majeure or attributable to the Customer or a third party.
(b) Breachof the Agreement, the Terms, the Guidelines, or other laws and regulations to be observed by the Customer.
(c) System failure, server errors, and defects or delays in telecommunication lines.
(d) Unauthorized access to data related to the service.
(e) Damage or impairment to part or all of the test data and others based on the events listed in each item.
2. WingArc shall not be liable for any damages incurred by the Customer in connection with this Terms or the Certification Program, except in cases of willful misconduct or gross negligence.
Article 22. Cancellation of Agreement
1. WingArc may immediately terminate this contract without any notice, should any of the following items apply:
(a) When the Customer has breachedor is likely to breach the Agreement, the Terms, the Guidelines, or other laws and regulations to be observed by the Customer.
(b) When there is any untruthful statement in the materials submitted by the Customer to WingArc in relation to the conclusion of the Agreement.
(c) When the Customer does not pay the amount due and the charges incurred by the Customer according to the time and method specified in the Agreement and the Terms and does not make a payment within a considerable time frame despite a demand from WingArc.
(d) When the Customer does not start using the Certification Program after a considerable period of time.
(e) When other serious circumstances that make it difficult to continue the Agreement arise.
2. WingArc shall not be liable for any damages incurred by the Customer in connection with this Program or the Certification Program, except in cases of willful misconduct or gross negligence.
1. WingArc may immediately terminate this contract without any notice, should any of the following items apply:
(a) When the Customer has breachedor is likely to breach the Agreement, the Terms, the Guidelines, or other laws and regulations to be observed by the Customer.
(b) When there is any untruthful statement in the materials submitted by the Customer to WingArc in relation to the conclusion of the Agreement.
(c) When the Customer does not pay the amount due and the charges incurred by the Customer according to the time and method specified in the Agreement and the Terms and does not make a payment within a considerable time frame despite a demand from WingArc.
(d) When the Customer does not start using the Certification Program after a considerable period of time.
(e) When other serious circumstances that make it difficult to continue the Agreement arise.
2. WingArc shall not be liable for any damages incurred by the Customer in connection with this Program or the Certification Program, except in cases of willful misconduct or gross negligence.
Article 23. Obligation of Confidentiality
The Customer shall not disclose, publish, transmit, use or reproduce to any third party any information obtained by applying for the Certification Program (including but not limited to tests, test content, grades, definitions and certification methods). However, this excludes;
(a) information already possessed or publicly known prior to becoming aware of it through the Program, or information that subsequently became public knowledge through no fault of its own;
(b) information legitimately obtained from a third party without any obligation of confidentiality;
(c) information developed independently without relying on the disclosed confidential information; and
(d) information that must be disclosed due to a legal obligation.
The Customer shall not disclose, publish, transmit, use or reproduce to any third party any information obtained by applying for the Certification Program (including but not limited to tests, test content, grades, definitions and certification methods). However, this excludes;
(a) information already possessed or publicly known prior to becoming aware of it through the Program, or information that subsequently became public knowledge through no fault of its own;
(b) information legitimately obtained from a third party without any obligation of confidentiality;
(c) information developed independently without relying on the disclosed confidential information; and
(d) information that must be disclosed due to a legal obligation.
Article 24. Force Majeure
WingArc shall not be liable to the Customer if part or all of the Agreement becomes impossible to fulfill, or is delayed due to reasons beyond WingArc’s control, such as natural disasters, wars, riots, civil disturbances, the enactment, revision or abolition of laws and regulations, orders and measures by public authorities, strikes, power outages, abnormalities in communication lines and other events of force majeure.
WingArc shall not be liable to the Customer if part or all of the Agreement becomes impossible to fulfill, or is delayed due to reasons beyond WingArc’s control, such as natural disasters, wars, riots, civil disturbances, the enactment, revision or abolition of laws and regulations, orders and measures by public authorities, strikes, power outages, abnormalities in communication lines and other events of force majeure.
Article 25. Liability for Damages
Unless otherwise defined in the Consumer Contract Act, the scope of WingArc’s liability to the Customer for damages incurred in connection with the Terms shall be limited to ordinary and actual damages directly incurred by the Customer due to reasons attributable to WingArc, regardless of the basis of liability. The amount of compensation shall be, at most, a year’s worth of the most recent usage fees paid by the Customer to WingArc. The scope of such liability, under any circumstances, shall not include damages arising from special circumstances, loss of usage benefits, loss of profits, loss of or damage to data, indirect or consequential damages, or damages claimed by a third party, regardless of whether such damages were foreseen or not. However, this does not apply to cases due to intentional or gross negligence on the part of WingArc.
Unless otherwise defined in the Consumer Contract Act, the scope of WingArc’s liability to the Customer for damages incurred in connection with the Terms shall be limited to ordinary and actual damages directly incurred by the Customer due to reasons attributable to WingArc, regardless of the basis of liability. The amount of compensation shall be, at most, a year’s worth of the most recent usage fees paid by the Customer to WingArc. The scope of such liability, under any circumstances, shall not include damages arising from special circumstances, loss of usage benefits, loss of profits, loss of or damage to data, indirect or consequential damages, or damages claimed by a third party, regardless of whether such damages were foreseen or not. However, this does not apply to cases due to intentional or gross negligence on the part of WingArc.
Article 26. Non-transferable Rights and Obligations
The Customer and WingArc shall not assign, transfer or set as collateral any rights or obligations under this Agreement to any third party, except when there is prior written consent of the other party.
The Customer and WingArc shall not assign, transfer or set as collateral any rights or obligations under this Agreement to any third party, except when there is prior written consent of the other party.
Article 27. Exclusion of Antisocial Forces
1. WingArc and the Customer declare that they (or their representatives, officers, or managers), or the persons who represent or mediate the use of the Certification Program, do not fall under the category of Antisocial Forces during the contract period of the Agreement, and swear that they will not fall under this category in the future.
2. Should an investigation be deemed necessary to determine the applicability of the preceding paragraph, WingArc and the Customer will cooperate with the investigation and submit the necessary materials.
3. WingArc or the Customer may cancel this Contract without giving notice should the other party or the person acting or mediating the use of the Certification Program on behalf of the other party be found to belong to Antisocial Forces.
1. WingArc and the Customer declare that they (or their representatives, officers, or managers), or the persons who represent or mediate the use of the Certification Program, do not fall under the category of Antisocial Forces during the contract period of the Agreement, and swear that they will not fall under this category in the future.
2. Should an investigation be deemed necessary to determine the applicability of the preceding paragraph, WingArc and the Customer will cooperate with the investigation and submit the necessary materials.
3. WingArc or the Customer may cancel this Contract without giving notice should the other party or the person acting or mediating the use of the Certification Program on behalf of the other party be found to belong to Antisocial Forces.
Article 28. Relationship of the Terms and the Guidelines
1. The Guidelines that WingArc communicates to the Customer shall supplement and form part of the Terms. However, this shall not apply should the Guidelines be contrary to the Terms or should a flaw be found.
2. Should there be any inconsistency between the Guidelines and the Terms, the provisions of the Terms shall take precedence.
1. The Guidelines that WingArc communicates to the Customer shall supplement and form part of the Terms. However, this shall not apply should the Guidelines be contrary to the Terms or should a flaw be found.
2. Should there be any inconsistency between the Guidelines and the Terms, the provisions of the Terms shall take precedence.
Article 29. Duration Clause
If any part of the provisions of the Agreement or the Terms is judged to be illegal or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
If any part of the provisions of the Agreement or the Terms is judged to be illegal or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Article 30. Governing Law and Jurisdiction
1. The Agreement shall be governed by and construed in accordance with the laws of Japan.
2. All disputes, controversies or differences of opinion that may arise out of or in connection with the Agreement or the Terms shall be settled by arbitration in Tokyo, Japan, in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. Japanese shall be the language used in arbitral proceedings.
1. The Agreement shall be governed by and construed in accordance with the laws of Japan.
2. All disputes, controversies or differences of opinion that may arise out of or in connection with the Agreement or the Terms shall be settled by arbitration in Tokyo, Japan, in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. Japanese shall be the language used in arbitral proceedings.
Article 31. Ruling Language
The Japanese version of the Terms shall be the official version. Even if there are other languages, such as English, in the Terms, these other languages are for reference purposes only and shall not have any effect on the interpretation of the Terms.
End of Document
The Japanese version of the Terms shall be the official version. Even if there are other languages, such as English, in the Terms, these other languages are for reference purposes only and shall not have any effect on the interpretation of the Terms.
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