Terms of Use for AOTS ENTAED Web Training
The purpose of these Terms of Use shall be to regulate conditions for using of remote training
(ENTAED) related to the program on Smart Industrial Safety Technologies for Thailand project
(hereinafter referred to as the "the Remote Training") performed online by the Association for
Overseas Technical Cooperation and Sustainable Partnerships (hereinafter referred to as
"AOTS"). For Ministry of Industry, Thailand (hereinafter referred to as the "Counterpart") to
allow citizens of its own country to use the Remote Training shall be subject to these Terms of
Use. Moreover, each participant using the Remote Training (hereinafter referred to as the
"Participant(s)") shall participate in the Remote Training in accordance with these Terms of
Use.
Article 1. Applicable Scope
1. In relation to the Remote Training, AOTS may regulate various provisions (hereinafter
referred to as "Individual Regulations"), such as rules for use, in addition to these Terms of
Use. Such Individual Regulations shall comprise part of these Terms of Use, regardless of the
name thereof.
2. In a case where any provision of these Terms of Use conflicts with and becomes contrary to
any provision in Individual Regulations, unless specially required under Individual Regulations,
the provisions of Individual Regulations shall prevail.
Article 2. Application for Participation in and Consent to these Terms of Use
1. When the Counterpart solicits applicants for participation in the Remote Training, the
Counterpart shall be deemed to have consented to these Terms of Use.
2. Applicants for participation in the Remote Training shall apply for participation therein to
AOTS via the Counterpart, and in this way, they shall be deemed to have consented to these
Terms of Use.
Article 3. Approval of Participation
In relation to applying for participation in the Remote Training, participation therein by the
Participants shall be deemed to have been approved through communication from AOTS or
the Counterpart.
Article 4. Validity Hereof
1. These Terms of Use shall remain effective between AOTS and the Counterpart or the
Participant during the period from the time of consenting to these Terms of Use by the
Counterpart or the Participant until March 31, 2021; provided, however, that the validity hereof
shall cease at the time when participation by the Participant is rejected, when the Remote
Training has been suspended, or at which participation thereby has been cancelled, if any.
2. The Counterpart or the Participants shall observe prohibitions set forth in Article 9 even
following the cessation of the validity hereof.
Article 5. Nature of the Remote Training
The Remote Training is described as follows.
(1) Lectures and exercises through the use of web conference systems
(2) Inspection tours for visiting corporations and onsite locations through the use of web
conference systems
(3) Conferences for the exchange of opinions, etc. through the use of web conference systems
(4) Supply of web conference systems necessary for Items (1) through (3) above
(5) Supply of files necessary for Items (1) through (3) above
(6) Supply of interpreters necessary for Items (1) through (3) above
(7) Other factors that AOTS deems necessary for achieving the purpose of the Remote
Training
Article 6. Facilities, Equipment, and Other Items
Communication lines, communication equipment, computers, etc. necessary for use of the
Remote Training shall be prepared at the cost of the Counterpart or the Participants, in principle.
Article 7. Intellectual Property Rights, Such as Copyrights, Trademark Rights, and Patent
Rights
1. Unless otherwise stated, the Counterpart and the Participants hereby agree that any and all
copyrights for copyrighted works supplied by AOTS in relation to the Remote Training are
owned by the Ministry of Economy, Trade, and Industry of Japan, experts, lecturers, and/or
AOTS. Furthermore, the Counterpart and the Participants pledge that neither of them will
infringe the same. In a case where it has been revealed that copyrights relating to the Remote
Training have been infringed by the Counterpart and/or the Participants, the Counterpart and
the Participants hereby agree that they shall assume criminal and civil liabilities therefor as
well as be subject to having their participation in the Remote Training cancelled.
2. Neither the Counterpart nor the Participants may use or utilize copyrighted work (including,
but not limited to, teaching materials, lectures/speech presentations, and guidance) supplied
by AOTS in relation to the Remote Training in the form of duplication, editing, lending,
transferring, alteration, posting, reprinting, public transmission, distribution, selling, translation,
adaptation, or any other methods without the consent of AOTS and/or other copyright holders;
provided, however, that insofar as consent by AOTS has been given, the Counterpart may
duplicate copyrighted work lent by AOTS in relation to the Remote Training and may distribute
such duplicated items to the Participants, and the Participants who have received such items
shall treat them in the same manner as when handling the above-mentioned copyrighted work
supplied by AOTS.
Article 8. Observance of Web Conference Etiquette
The Participants shall observe web conference etiquette during web conferences. Such web
conference etiquette shall include the following Items and different types of such etiquette may
be added during the Remote Training, etc.
(1) To turn off incoming notifications for cellular phones, PC emails, text chat other than that
for the Remote Training, etc.
(2) Not to enter into any communication via cellular phones, PC emails, text chat other than
that for the Remote Training, etc. during the Remote Training
(3) Not to eat meals during the Remote Training
(4) To participate in lectures in a quiet environment that does not allow such lectures to be
heard by a third party, including any family members of the Participants
(5) To strive to be well-groomed and to assume an appropriate appearance
(6) To mute one's microphone except when making comments, to avoid extraneous noise
being cased
(7) To have on one's camera switched on at all times and to present one's face as a Participant
(8) When intending to make comments, to raise one's hand, to await being called by name by
the expert, lecturer, etc. running the Remote Training, and to slowly and clearly make
comments, if any
(9) To run connection tests for the web conference systems to be used in advance, to confirm
that it is possible to make a connection without any problems, including with regard to
microphones and cameras, to solve connection problems, if any, to the utmost extent possible
oneself, and when it is not possible, to consult regarding such problems with AOTS, allotting
sufficient time therefor
(10) To access the web conference systems around five minutes before the starting time and
to not arrive late
Article 9. Prohibitions
The Counterpart and the Participants shall be prohibited from undertaking any of the following
actions. Moreover, the Counterpart shall also cause the Participants not to undertake any of
the following actions.
(1) Acts of recording, videotaping, photographing, public transmission, etc. of lectures
(2) Acts of infringing copyrights, trademark rights, or other intellectual property rights included
in the Remote Training, such as the content thereof, through recording, videotaping,
photographing, public transmission, etc. of lectures or through reproduction, etc. of lecture
materials
(3) Acts of destroying or hindering servers or network functions of AOTS, other Participants, or
other third parties
(4) Acts of commercially using information obtained through the Remote Training
(5) Acts that are likely to hinder the operation of AOTS
(6) Acts of unauthorized access or attempted acts of the same
(7) Acts of collecting or accumulating of personal information, etc. relating to other Participants
(8) Acts of using the Remote Training for illicit purposes
(9) Acts causing disadvantage, damage, or a sense of discomfort to other Participants or third
parties
(10) Acts of "spoofing" (impersonating) other Participants
(11) Acts of disclosing or lending IDs, passwords, etc. to other Participants
(12) Acts of publicity, advertising, solicitation, or sale promotion targeting other Participants
(13) Other acts that AOTS deems inappropriate
Article 10. Suspension of the Remote Training, etc.
In a case where it has been revealed that one of the following reasons is applicable, AOTS
may cease or suspend the provision of the Remote Training in whole or in part without prior
notification to the Participants. AOTS shall not assume any liability for disadvantage or damage
incurred by the Counterpart, the Participants, or third parties due to cessation or suspension
of supply of the Remote Training.
(1) When computer systems related to the services in question are under maintenance, being
inspected, or being updated
(2) In a case where supply of the Remote Training has become difficult due to force majeure,
such as earthquake, lightning, fire, flood, blackout, infection, or natural disaster
(3) In a case where computers, communication lines, etc. have become stopped, due to failure
thereof
(4) In a case where AOTS has deemed it difficult to supply the Remote Training
Article 11. Cancellation of Participation
In a case where any one of the following Items is applicable to the Participants, AOTS may
cancel approval of participation in the Remote Training without prior notification. Subject to this
Article, AOTS shall not be liable for damage caused to the Counterpart, the Participants, or
third parties due to actions conducted by AOTS.
(1) In a case where any of the provisions of these Terms of Use has been breached
(2) In a case where it has been revealed that there exist misrepresentations in registered
information
(3) In a case where no replies have been made for 14 days since the time of dispatching of
communication by AOTS
(4) In a case where no use of the services in question has taken place for 14 days since the
last use thereof
(5) In a case where AOTS has deemed use of the services in question inappropriate
Article 12. Exemptions and Damages
1. AOTS shall not be liable for consequential damages, incidental damages, or indirect
damages (e.g., anticipated/future damages) incurred by the Counterpart, the Participants, or
third parties occurring from the Remote Training, regardless of whether or not the same was
foreseen or foreseeable; provided, however, that the same shall not apply to cases in which
willful misconduct or negligence exists regarding AOTS.
2. In a case where any Participant has caused damage to AOTS, experts, lecturers, or the
Ministry of Economy, Trade, and Industry of Japan through the fault of such Participant in
relation to the Remote Training, the Counterpart shall be liable for such damage jointly with
such Participant.
Article 13. Amendment Hereto
1. In a case where any one of the following Items is applicable, AOTS may amend these Terms
of Use without obtaining the approval of the Counterpart or the Participants.
(1) In a case where changes, modifications, etc. are made to service names or expressions,
of typographical errors or omitted letters have been made and such changes do not
substantially affect the nature of these Terms of Use
(2) In a case where changes are made that benefit the Participants in general
(3) In a case where changes are made that are not contrary to the contracted purpose and are
reasonable in light of the necessity of such changes, the rationality of the content after such
changes, and other circumstances related to such changes
2. In the case of any of the changes set forth in Items (2) and (3) of the preceding Paragraph,
AOTS shall provide notification via a method that AOTS deems appropriate regarding
information to the effect that these Terms of Use are to be changed, the nature of these Terms
of Use after change, and the period for effectuation of such change, 14 days prior to the
effectuation of the change of these Terms of Use. In addition, in the case of the change set
forth in Item (1) of the preceding Paragraph, these Terms of Use after change shall become
effective at the time at which the notification of the nature of these Terms of Use after the
change thereof has been provided via a method that AOTS deems appropriate.
Article 14. Governing Law and Jurisdiction
1. These Terms of Use shall be governed by and construed in accordance with the laws of
Japan.
2. Disputes raised regarding the Remote Training, if any, shall be brought to the exclusive
jurisdiction of the court with jurisdiction over the head office location of AOTS.