Terms and Conditions
Last updated: 17th April, 2022
Please read these Terms and Conditions (“TERMS”, “TERMS AND CONDITIONS”) carefully before using the BabelTEQ sales funnel landing page service (the “SERVICE”, "OUR SERVICE") operated by 有限会社GLC ("Yugen Gaisha GLC", “US”, “WE”, "OUR").
Your access to and use of the SERVICE is conditioned upon your acceptance of and compliance with these TERMS. These TERMS apply to all visitors, users and others who wish to access or use the SERVICE.
By accessing or using the SERVICE you agree to be bound by these TERMS. If you disagree with any part of the TERMS then you do not have permission to access the SERVICE.
Content
OUR SERVICE allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“CONTENT”). You are responsible for the CONTENT that you post on or through the SERVICE, including its legality, reliability, and appropriateness.
By posting CONTENT on or through the SERVICE, you represent and warrant that: (i) the CONTENT is yours (you own it) and/or you have the right to use it and the right to grant US the rights and license as provided in these TERMS, and (ii) that the posting of your CONTENT on or through the SERVICE does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. WE reserve the right to terminate without warning the account of anyone found to be infringing on such rights.
You retain any and all of your rights to any CONTENT you submit, post or display on or through the SERVICE and you are responsible for protecting those rights. WE take no responsibility and assume no liability for CONTENT you or any third party posts on or through the SERVICE. However, by posting CONTENT using the SERVICE you grant US the right and license to publicly display, reproduce, and distribute such CONTENT for the purposes of promoting the SERVICE as a commercial product.
BabelTEQ has the right but not the obligation to monitor and edit all CONTENT provided by users.
Prohibited Content
CONTENT which contains hate speech or links to content which contains hate speech may lead to the immediate termination of your account without warning. WE define "hate speech" as a direct attack on people based on what WE call protected characteristics — race, ethnicity, national origin, immigration status, religious affiliation, sexual orientation, caste, sex, gender, gender identity, age, serious disability and/or disease. WE define "attack" as violent or dehumanizing speech, harmful stereotypes, statements of inferiority, or calls for exclusion or segregation.
CONTENT which contains political commentary or links to content which contains political commentary may also lead to the immediate termination of your account without warning. We define "political commentary" as any text, images or other digital media which portrays the policies of any national, state or local government or national, state or local political party in a negative manner or takes politically controversial stances. WE retain the sole discretion to determine what CONTENT is deemed political commentary according to its context.
CONTENT which contains malware, viruses or other malicious code which would be potentially harmful to site visitors may also lead to immediate termination of your account without warning. BabelTEQ takes the integrity and security of OUR SERVICE extremely seriously and expects account holders to do likewise.
Ownership of Placeholder Content
Placeholder content ("PLACEHOLDER CONTENT") such as photos, graphic designs or other digital media provided to you when you subscribe to the SERVICE, is exclusively for use on web pages provided by or created while using the SERVICE. You may not distribute, modify, transmit, repost, copy, or use PLACEHOLDER CONTENT, whether in whole or in part, for any other commercial purposes or for personal gain, without express advance written permission from us. Legal ownership of PLACEHOLDER CONTENT remains at all times with BabelTEQ and is not sold or transferred to you.
Subscriptions
Some parts of the SERVICE are billed on a subscription basis (“SUBSCRIPTION”). You will be billed in advance on a recurring and periodic basis (the “BILLING CYCLE(S)”). BILLING CYCLES are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each BILLING CYCLE, your SUBSCRIPTION will automatically renew under the exact same conditions unless you cancel it or BabelTEQ cancels it. You may cancel your SUBSCRIPTION renewal either through your online account management page or by contacting BabelTEQ via email at info@babelteq.com
A valid payment method, including credit card, is required to process the payment for your SUBSCRIPTION. You shall provide BabelTEQ with accurate and complete billing information including full name and valid payment information. By submitting such payment information, you automatically authorize BabelTEQ to charge all SUBSCRIPTION fees incurred through your account to any such payment instruments. BabelTEQ does not retain credit card or other payment information on OUR servers. Such information is transmitted via secure, encrypted methods to the payment processing companies who notify US via a digital token when the subscription(s) have been successfully processed.
Should automatic billing fail to occur for any reason, BabelTEQ will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date (the "DEADLINE DATE"), with full payment corresponding to the billing period as indicated on the invoice. In the event that your SUBSCRIPTION remains unpaid at the DEADLINE DATE, we shall suspend your account.
All accounts which do not have an active SUBSCRIPTION are suspended for a period of 30 days. If the SUBSCRIPTION is resumed, it may be backdated to the point in time when the SUBSCRIPTION became expired. In the event that payment is still not received by 30 days after the expiry date of the subscription, your account will be terminated and all of your account CONTENT will be permanently and irrevocably deleted from OUR SERVICE.
Plans
Depending on which SUBSCRIPTION option you choose, you will be allowed access to different levels of functionality which correspond to your chosen plan (the "PLAN"). You may upgrade or downgrade your PLAN at any time. Such upgrades will take effect from the start of the next BILLING CYCLE. You accept that in the event of a PLAN downgrade, any data or CONTENT related to discontinued functionality may be lost.
In the event of changing plans, the existing SUBSCRIPTION fee for the new plan at the time of the change shall apply and any discounts or coupons from the previous plan do not apply to the new plan.
Fee Changes
WE retain discretion to modify the SUBSCRIPTION fees for any PLANS. Any SUBSCRIPTION fee change will become effective at the end of the then-current BILLING CYCLE.
As a general policy, any existing users will be allowed to continue using OUR SERVICE at their current SUBSCRIPTION fee rate (i.e. they shall be "grandfathered"). If this is ever not the case, BabelTEQ will provide you with a reasonable prior notice of any change in SUBSCRIPTION fees to give you an opportunity to terminate your SUBSCRIPTION before such change becomes effective.
Your continued use of OUR SERVICE after the SUBSCRIPTION fee change comes into effect constitutes your agreement to pay the modified SUBSCRIPTION fee amount.
Refunds and Cancelations
We issue refunds for the BabelTEQ monthly SUBSCRIPTION service within 14 days of the original purchase of the product. After that you may cancel your plan at any time but unfortunately WE do not provide pro-rata refunds of unused portions of your SUBSCRIPTION within the BILLING CYCLE.
Refunds for other digital products and add-on services may be considered by BabelTEQ on a case-by-case basis and granted at the sole discretion of BabelTEQ.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide to US is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the SERVICE.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our SERVICE or a third-party service. You must notify US immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use. You may not use as a username a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Termination
WE may terminate or suspend your account and bar access to the SERVICE immediately, without prior notice or liability, under OUR sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the TERMS.
If you wish to terminate your account, you may do so via the links provided in the membership dashboard or by emailing US at info@babelteq.com
All provisions of the TERMS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Support
Support is available for OUR SERVICE only to members with an active SUBSCRIPTION. Support is provided exclusively via OUR official support channels. Support is provided on a best effort basis and BabelTEQ makes no guarantees about time to response or resolution. BabelTEQ will endeavor to provide timely support during Japan Standard Time (JST) business hours ( i.e. 9am JST – 5pm JST, public holidays and weekends excepted) through our support channels. Video conferencing is available by pre-arrangement in very limited circumstances at OUR discretion.
Support for Third Party Services
Training and support for the use of third party tools which integrate with OUR SERVICE is not included. This includes, but is not limited to, third party analytics tools and third party marketing tools.
Downtime
BabelTEQ aims to achieve 99.5% online availability for all public facing web pages provided by the SERVICE. However, from time to time, the SERVICE may need to briefly go offline for the purpose of maintenance and other processes required to keep the SERVICE stable and secure. BabelTEQ will endeavor at all times to provide sufficient advance warning of such planned downtime.
Censorship
BabelTEQ bears no responsibility for the blocking of access to the SERVICE by any national government internet regulatory body. In such event, BabelTEQ will make "best efforts" to rectify the situation but cannot make any guarantees about the timeliness or effectiveness of such a solution.
By default, routine transaction emails generated by the SERVICE will be sent from a common email account such as (but not limited to) noreply@babelteq.com. WE make every effort to ensure the deliverability of such email. However, many factors can affect whether the end user receives such email and you agree to hold BabelTEQ blameless in the event of email undeliverability.
You may decide to use your own email service such as a free Gmail account or paid GSUITE account instead of the default transaction email account. You agree that BabelTEQ has no responsibility for the creation, configuration, payment, renewal or maintenance of such alternative email systems.
Domain Names
By default, new accounts on the SERVICE will be allowed to choose a subdomain for the public display of your web pages. BabelTEQ allows you to alternatively use a custom domain name. You have the sole responsibility to register and renew such a custom domain. You also agree to modify the Domain Name System (DNS) records for your domain as requested by BabelTEQ. This includes pointing your DNS to a third party DNS management service such as Cloudflare. In the event that you require a Mail Exchange (MX) record for your custom email service, you agree to allow BabelTEQ to manage such records through a third party DNS management service.
Links To Other Web Sites
OUR SERVICE may contain links to third party web sites or services that are not owned or controlled by BabelTEQ.
BabelTEQ has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that BabelTEQ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Indemnification
You agree to defend, indemnify and hold harmless BabelTEQ and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the SERVICE, by you or any person using your account and password; b) a breach of these TERMS, or c) CONTENT posted on the SERVICE.
Limitation Of Liability
In no event shall BabelTEQ, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the SERVICE; (ii) any conduct or content of any third party on the SERVICE; (iii) any content obtained from the SERVICE; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You are solely responsible for complying with laws, taxes, and tariffs, arising from the use of the SERVICE and will defend, indemnify and hold blameless BabelTEQ and its subcontractors against any claim, legal suit, penalty, tax, or tariff arising in connection to such activity and associated activities.
These TERMS constitute the sole agreement between you and BabelTEQ regarding the use of the SERVICE. It becomes effective as soon as your first subscription payment has been completed. You agree that if any part, term, or provision of the TERMS shall be found illegal or in conflict with any valid controlling law, the validity of the remaining conditions shall not be affected thereby. These TERMS supersede any other promotion, documents or communication of the same nature.
Disclaimer
Your use of the SERVICE is at your sole risk. The SERVICE is provided on an “AS IS” and “AS AVAILABLE” basis. The SERVICE is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
BabelTEQ, its subsidiaries, affiliates, and its licensors do not warrant that a) the SERVICE will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the SERVICE is free of viruses or other harmful components; or d) the results of using the SERVICE will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These TERMS shall be governed and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these TERMS will not be considered a waiver of those rights. If any provision of these TERMS is held to be invalid or unenforceable by a court, the remaining provisions of these TERMS will remain in effect. These TERMS constitute the entire agreement between you and US regarding OUR SERVICE, and supersede and replace all other agreements.
Changes to Terms
WE reserve the right, at OUR sole discretion, to modify or replace these TERMS at any time. If a revision is material WE will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at OUR sole discretion.
By continuing to access or use OUR SERVICE after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the SERVICE.
Marketing Communications
By creating an account on OUR SERVICE, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from US by following the unsubscribe link or instructions provided in any email WE send.
Contact Us
If you have any questions about these TERMS, please contact BabelTEQ by email at: info@babelteq.com