Introduction
Section 1: Description of Services
1.1 Definition and Purpose of Our Coaching
1.2 Clear Distinction from Counseling that Provides Psychological Support
1.3 Disclaimer on the Scope of Services and Obligation to Seek Expert Opinion
1.4 Purpose and Limitations of GO-EN's Services
1.5 Important Notice Regarding Medical Emergencies
Section 2: Qualifications
2.1 Scope and Role of Qualifications
Section 3: Free Trial
3.1 Eligible Individuals
3.2 Content of the Free Trial
3.3 Reservation Methods
3.4 Cancellation and Changes
3.5 Limitations on Free Trial Use
3.6 Handling of Personal Information
3.7 Limitation of Liability
3.8 Changes to the Terms
3.9 Applicable Terms
Section 4: Validity of Session Coupons
4.1 Types of Coupons
4.2 Expiration of Coupons
4.3 Management of Coupons
4.4 Exceptions Regarding Coupons
4.5 Proof of Coupon Use
4.6 Refund Policy
4.7 Response in the Event of Business Closure
4.8 Consumer Protection Law Restrictions
4.9 Legal Rights Related to Consumer Protection
Section 5: Consent for Minors
Section 6: Privacy and Security
Section 7: Intellectual Property
Section 8: External Content
Section 9: Disclaimer of Warranties and Limitation of Liability
Section 10: Governing Law and Jurisdiction
Section 11: Arbitration
11.1 Arbitration
11.2 Scope and Exclusivity
11.3 Arbitration Organization and Rules
11.4 Waiver of Class Action
11.5 Arbitration Location and Governing Law
11.6 Selection of Arbitrators and Procedures
11.7 Finality and Binding Nature of Arbitration
11.8 Early Resolution and Remedies in Arbitration
11.9 Emergency Relief and Interim Measures
11.10 Arbitration Costs and Attorney Fees, and Discretionary Powers
11.11 Exceptions to Arbitration
11.12 Pre-Arbitration Dispute Resolution and Notification (Voluntary)
11.13 Application to Third Parties
11.14 Right to Refuse Arbitration
Section 12: User Responsibilities Regarding Account Management and Service Use
12.1 Maintaining Confidentiality and Security of Accounts
12.2 Disclaimer and Responsibility for Third-Party Use of Accounts
12.3 Prohibition of Unauthorized Use of Others' Accounts and Fraudulent Activities
12.4 Prohibition of Service Interference
12.5 Agreement to Comply with Laws
12.6 Agreement Regarding Virus Checks on Files
12.7 Agreement to Indemnify and Release Liability
12.8 Agreement on Payment Methods and Fees
12.9 Modifications, Suspension, or Termination of Our Coaching Services
12.10 Guarantee of Coaching Service Reliability and Access
12.11 Clauses Related to International Export Regulations and Sanctions
12.12 Provisions on Notifications and Communication
The following are the terms of service (hereinafter referred to as the "Agreement") governing the access and use of the services provided by GO-EN: Good Health for OCD-Enhancement Net Coaching (hereinafter referred to as "GO-EN").
Please read this Agreement carefully before using GO-EN. By agreeing to all the terms of this Agreement, you may proceed to use GO-EN.
In this Agreement, terms such as "we," "our," and "us" refer to GO-EN: Good Health for OCD-Enhancement Net Coaching. The term "User" in these terms refers to any individual accessing or using GO-EN's services in any capacity. User, including, but not limited to, the following: (i) Individuals who directly use online counselling or other services provided by GO-EN; (ii) Individuals accessing services to support family or friends using the service, or those who access the service together with them; (iii) Individuals who, whether for a fee or free of charge, access or view the content or information provided by GO-EN through its website or other related platforms (including free usage); (iv) Individuals who, whether for a fee or free of charge, access other products or services provided by GO-EN.
By using the service, whether paid or free, Users agree to all the terms of this Agreement and are obligated to comply with them.
This Contract is executed between the User and us, but its contents also apply to OCD CBT Coaches (hereinafter referred to as "Coach") who provide professional coaching to customers. The Coach agrees to provide services in compliance with the terms and conditions of this Agreement, and the rights and obligations of the Coach shall be governed and protected by the provisions set forth in this Contract between the User and us. The Coach shares the responsibilities set forth in this Contract, and in legal procedures, Both we and the Coach shall be bound by the same terms and conditions as stipulated in this Contract.
Our primary goal is to provide coaching services to clients with Obsessive-Compulsive Disorder (OCD Clients) and related disorders, helping them learn skills to control their obsessive thoughts and compulsive behaviours, ultimately improving their quality of life.
This website, operated by GO-EN, is based in Miyazaki, Japan. Our services may be provided or accessed through multiple websites or applications owned and operated by us or third parties.
Section 1: Service Overview
1.1 Definition and Purpose of Coaching
Our services are focused on "coaching," specifically designed for clients experiencing obsessive-compulsive disorder (OCD) and related conditions. Through our coaching program, clients will learn techniques to effectively manage anxiety and reduce compulsive behaviors, primarily employing Cognitive Behavioral Therapy (CBT). This program also aims to alter maladaptive thought patterns, assisting clients in building confidence and adaptability in their daily lives. Ultimately, our goal is to provide coaching that empowers clients to regain a sense of self-fulfillment and actively participate in social activities without being hindered by their symptoms.
It is important to note that our coaching services do not encompass medical practices, treatments, diagnoses, or counseling as regulated by the laws of the User's country of residence.
1.2 Clear Distinction from Psychological Counseling
"Psychological counseling" refers to the provision of professional diagnoses, psychological treatment, and support for mental health issues and emotional difficulties. Such services must be delivered by qualified professionals in accordance with the applicable laws of the User's country of residence. Counseling typically employs a medical approach and necessitates the development of individualized treatment plans. Our coaching services expressly exclude any medical practices, psychological treatment, diagnoses, or counseling.
1.3 Disclaimer Regarding the Scope of Services and Obligation to Seek Expert Opinions
This service provides coaching specifically for OCD and related symptoms and does not encompass medical diagnoses, treatments, or counseling. Users acknowledge and agree that this service is not a substitute for medical practices or counseling. Users are responsible for consulting licensed healthcare professionals or specialists who are qualified under the laws of their country of residence for any matters concerning their health and safety. Users agree to assume full responsibility for their health and safety, understanding that our coaching services do not include diagnoses or treatments. Users are strongly advised not to avoid or delay seeking in-person care from a licensed physician, pharmacist, or other qualified specialists in their country based on any information or advice received through our services.
1.4 Purpose and Limitations of GO-EN's Services
GO-EN does not provide clinical diagnoses that necessitate face-to-face evaluations. We do not handle court-ordered treatments, certifications, or any official documentation or approvals. Furthermore, we do not offer assessments regarding the appropriateness of medication or therapy. Please be aware that we may be unable to respond to inquiries related to these matters, and we disclaim any responsibility for the accuracy of the responses or the outcomes that result from such inquiries.
1.5 Important Notice Regarding Medical Emergencies
In the event of a medical emergency, Users are required to promptly contact the appropriate emergency services (e.g., medical assistance or police) and notify relevant authorities. Users must ensure that accurate emergency contact information is provided during registration to facilitate a timely response in case of emergencies. While we take every precaution to respect user privacy and protect personal information, in situations where there is an imminent threat to the life, health, or property of the User or others, we may disclose information as required by law, including contacting emergency services. In such instances, we will endeavor to protect user privacy to the fullest extent possible while fulfilling our legal obligations and responding appropriately to the emergency.
Please understand that our online services have inherent limitations in emergency situations. Our services do not include face-to-face medical or physical intervention, and we may be unable to adequately respond due to regulations in Japan or the constraints of online services during emergencies.
Section 2: Qualifications
2.1 Scope of Qualifications and Their Role
The OCD Cognitive Behavioral Therapy Coach (hereinafter referred to as the "OCD CBT Coach") providing coaching services on GO-EN holds a master's degree or higher in clinical psychology from a recognized institution in Japan and is registered as a Certified Public Psychologist (Kounin Shinrishi) in Japan. Additionally, the Coach has completed specialized training in Cognitive Behavioral Therapy (CBT) through the Japanese Association of Behavioral and Cognitive Therapies and has obtained certification as a Certified Behavioral Therapist. This ensures that the Coach possesses the specialized knowledge and skills necessary to conduct CBT coaching for clients with OCD and related conditions.
However, these qualifications do not authorize the Coach to perform medical practices, legal counseling, or treatment in the User's country of residence, nor do they imply that the Coach is capable of offering diagnoses, treatments, or counseling beyond the legal framework of each respective country. Medical practices, diagnoses, or counseling should only be provided by individuals legally qualified in the User's country of residence. To avoid any misunderstanding, although the Coach's Japanese qualifications are listed on GO-EN's website, the Coach will be referred to as "OCD CBT Coach" on our website and related applications to prevent confusion with psychotherapist qualifications recognized in the User's location.
The coaching provided by our "OCD CBT Coach" is limited to offering action plans aimed at achieving goals related to the reduction of OCD symptoms, providing feedback and guidance on progress, and supplying helpful resources and tools. Neither GO-EN nor the Coach provides any assessments regarding the appropriateness of medication or treatment. Furthermore, we disclaim any responsibility for responses to such inquiries. Users are requested to understand and agree that no professional diagnoses or treatments will be provided through our service.
Note 1: The Certified Public Psychologist is the only nationally recognized qualification for psychology professionals in Japan, legally validating that the individual possesses specialized knowledge and skills in the field of psychology. This qualification requires adherence to prescribed standards and ethical norms in the provision of psychological support. Certified Public Psychologists are authorized to offer interventions based on scientific evidence and play a legally recognized role as professionals within Japan's mental health care sector.
Section 3: Free Trial
GO-EN may offer free trial services periodically. The free trial agreement provides new users with a one-time free trial session (hereinafter referred to as the "Free Trial"). To utilize the Free Trial, users must accept and agree to the terms and conditions set forth in this Agreement.
3.1 Eligibility
The Free Trial is available only to users who are engaging GO-EN's online coaching services for the first time. Users who have previously participated in a Free Trial from GO-EN are ineligible.
3.2 Offer Details
The Free Trial grants users access to an initial coaching session (up to 30 minutes) at no cost. The session includes:
(i) An assessment and consultation to understand the User's current concerns and issues;
(ii) A determination of whether GO-EN's coaching services are suitable for addressing the User's OCD symptoms;
(iii) Recommendations on appropriate support methods and the next steps for managing the User's OCD symptoms.
The purpose of this Free Trial is to enable users to evaluate whether GO-EN’s coaching services align with their needs.
3.3 How to Book
To redeem the Free Trial, users must schedule an appointment through GO-EN's online reservation system. Users are required to provide accurate and complete information during the booking process.
3.4 Cancellation and Changes
Free Trial reservations may be canceled or rescheduled without charge up to 12 hours before the scheduled session time. If the cancellation or change is made within 12 hours of the session, or if the User fails to contact GO-EN within 10 minutes of the scheduled session start time, the Free Trial will be considered forfeited.
3.5 Limitations on Free Trial Use
Each user is entitled to one Free Trial. The creation of multiple accounts or the use of false information to claim additional Free Trials is strictly prohibited. In the event such behavior is detected, GO-EN reserves the right to suspend service and deny future access to the User.
3.6 Handling of Personal Information
Personal information collected during the Free Trial will be managed in accordance with GO-EN's Privacy Policy. For further details, please refer to the [Privacy Policy].
3.7 Limitation of Liability
GO-EN shall not be liable for any damages arising from the use of the Free Trial. The User acknowledges and accepts that they use the Free Trial at their own risk.
3.8 Changes to Terms
GO-EN reserves the right to modify the terms of this Agreement as needed. Users will be notified of any such changes via GO-EN's website. By scheduling a Free Trial after the changes, the User is deemed to have accepted the revised terms.
3.9 Applicable Terms
The use of the Free Trial is subject to all terms and conditions outlined in GO-EN's Terms of Service, including but not limited to the Privacy Policy, limitations of liability, and prohibited activities. By utilizing the Free Trial, users agree to be bound by the [Terms of Service] and [Privacy Policy].
Section 4: Session Packages
4.1 Types of Session Packages
GO-EN offers session packages consisting of 1-session, 3-session, and 5-session options. GO-EN reserves the right to modify the types of session packages available without prior notice to the User on GO-EN's website. However, for session packages purchased prior to any changes, the terms and conditions in effect at the time of purchase shall continue to apply.
4.2 Validity of Session Packages
The User must schedule the first session within 90 days of purchasing a session package. Failure to book the first session within this period will result in the expiration and invalidation of the session package, and no refunds shall be provided. Additionally, each session package must be fully utilized within 90 days of the final session. If this period is exceeded, any remaining unused sessions will automatically expire, and no refund or rescheduling requests will be entertained. In exceptional circumstances, such as prolonged illness or injury, if it becomes difficult to schedule sessions, the User must notify GO-EN within the 90-day period. Additional accommodations may be considered depending on the circumstances.
4.3 Session Package Management
GO-EN may provide notifications to the User as the expiration of a session package approaches. However, such notifications are not a service obligation. It is the User's sole responsibility to monitor and manage the expiration dates of their session packages. GO-EN shall not be liable for any expired session packages, and no compensation or reinstatement will be provided for unused sessions once the package has expired.
4.4 Exceptions Regarding Session Packages
In the case of medical reasons or other exceptional circumstances reasonably recognized by GO-EN, users may apply for an extension of up to an additional 90 days, provided the request is made within 90 days of the final session date. Extension requests must be submitted through GO-EN's contact form before the session package expires. Extensions will only be granted upon approval, and GO-EN will notify the User of the outcome via the User's registered email. Requests made after the expiration date will not be considered.
4.5 Obligation to Provide Proof
In the event of a dispute regarding the validity of a session package, the User bears the burden of proof and must submit relevant evidence, such as session booking dates, to GO-EN. Users are required to furnish proof of the validity of the session package to support their claims.
4.6 Refund Policy
GO-EN encourages new users to utilize the free trial session before purchasing a session package, allowing them to verify whether GO-EN's coaching services are suitable. Refund requests for session packages will not be accepted after 14 days from the date of purchase. Users are advised to make purchases with full acknowledgment and Agreement to this policy. If a refund request is made within 14 days of purchase and no sessions have been used, a full refund will be provided. In cases where some sessions of a discounted session package have already been used, the refund amount will be calculated based on the regular per-session price, and the cost of the used sessions will be deducted from the total purchase amount. For example, if a 5-session package (e.g., $300) is purchased and two sessions have been used, the regular session price (e.g., $100) will be applied. The cost of the two used sessions (e.g., 100 × 2 = $200) will be deducted, and the remaining balance (e.g., $100) will be refunded. Once a refund is issued, all remaining sessions in the package will be void, and the User will need to purchase a new session package to continue receiving sessions. Refunds processed via credit card or PayPal typically take 7-10 business days. This refund policy does not limit any statutory rights users may have under applicable law.
4.7 Measures in the Event of Business Closure
In the event that GO-EN ceases business operations, users with unused session packages will be entitled to a refund. If GO-EN plans to terminate operations, notifications will be posted on the website and sent to the registered email address. Users have a 90-day period from the date of the closure notice to claim refunds for unused session packages. Refunds will be calculated based on the per-session rate at the time of purchase. For example, if a 5-session package was purchased for $300 and 2 sessions were used, the per-session rate would be $60 ($300 ÷ 5 sessions). The cost of the two used sessions ($120) will be deducted, and the remaining 3 sessions ($180) will be refunded. It is the User's responsibility to promptly update their email address with GO-EN in case of changes. If a notification is not received due to an outdated email address, the 90-day period for claiming refunds will still apply, and users must take the necessary action by checking the website. Failure to make a refund claim within the 90-day period will result in forfeiture of the refund.
4.8 Restrictions under Consumer Protection Law
GO-EN complies with Japan's mandatory consumer protection regulations. In cases where changes to the terms of service result in disadvantages for users who have already purchased session packages—such as changes to the validity period, usage conditions, cancellation policies, or refund provisions—the terms and conditions in effect at the time of purchase will take precedence, as required by Japan's Consumer Protection Law. New terms will only apply to new purchases or agreements entered into after their effective date.
4.9 Legal Rights Concerning Consumer Protection
Nothing in this policy shall affect any mandatory legal rights that users may have under consumer protection laws in the country of their residence. In the event of any conflict between these terms and mandatory consumer protection regulations in the User's country, those regulations shall prevail.
Section 5. Consent for Minors
If the service is used by a minor under the age of 18, the consent of a parent or legal guardian is required. For children under 13, explicit consent from a parent or legal guardian is mandatory. By allowing a minor to use the service, GO-EN assumes that the parent or legal guardian has explicitly agreed to the terms of service and assumes full responsibility for the minor's use of the service. Furthermore, the parent or guardian consents to the collection, processing, and use of the minor's personal information as outlined in the accompanying Privacy Policy and agrees that their consent for coaching services remains valid until the termination of the Agreement.
For minors under the age of 13, the parent’s or legal guardian’s email address will be used to verify consent. If parental consent is not obtained or if the provided email address is found to be inaccurate, the service may be restricted or suspended. The parent or legal guardian assumes full responsibility for supervising the minor’s use of the service and ensuring compliance with the terms.
Parents or legal guardians may withdraw their consent at any time by contacting GO-EN via the methods provided on the website. Upon withdrawal of consent, the minor’s access to the service will be suspended immediately. Unused session packages will be fully refunded, irrespective of the refund period. Refunds for used sessions will be calculated based on the regular session price before any applied discounts. The process for calculating refunds will align with GO-EN's standard refund policy, except that no refund period restrictions will apply.
Section 6. Privacy and Security
The protection of any information provided by the User is of paramount importance to GO-EN. Details regarding our security and privacy practices are set out in GO-EN's Privacy Policy, which is available on our website (hereinafter referred to as the "Privacy Policy"). By agreeing to this Agreement and/or using GO-EN's services, the User also agrees to the terms of the Privacy Policy. The Privacy Policy is hereby incorporated into this Agreement as part of its terms.
Any changes or revisions to this Agreement will similarly apply to the Privacy Policy, and users will be notified in accordance with the procedures outlined in this Agreement. GO-EN takes all reasonable steps to protect the User's personal information and maintain the security of our services.
Section 7. Intellectual Property
All rights, title, and interest in our website, related apps, and associated content, including all intellectual property rights therein, are owned by GO-EN or other relevant providers. This Agreement does not transfer or grant the User any intellectual property rights owned by GO-EN or its licensors.
GO-EN and all related names, logos, product names, service names, and slogans are trademarks of GO-EN or its affiliates. The use of our trademarks or brand names typically requires prior written consent. However, in the event the following condition (A) is met, trademarks may be used without permission, provided they include a link to our content.
Condition (A): The User agrees and undertakes not to use trademarks or brand names for the following purposes:
(i) Spam and/or unauthorized advertising or promotion of goods or services
(ii) Malware or harmful software
(iii) Illegal activities, harassment, invasion of privacy, abuse, threats, obscenity, vulgarity, racism, or harmful content
(iv) Content that infringes on third-party rights, including intellectual property rights
(v) Content that encourages or constitutes criminal activity
If any of the above conditions are violated, GO-EN reserves the right to terminate the use of its trademarks.
Subject to the User’s compliance with this Agreement, GO-EN grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
Access and use GO-EN services solely on the User’s personal devices
Access and use the content, information, and materials provided through GO-EN services for personal, non-commercial use only
All rights not expressly granted herein are reserved by GO-EN or its licensors.
Section 8: External Content
Our services may contain or provide access to content, products, or services offered by third parties (hereinafter referred to as "Third-Party Content"), which may include, but are not limited to, links to third-party websites or advertisements. We do not warrant the accuracy, reliability, or security of any information or content provided by these third-party sources. We disclaim all responsibility for any issues, damages, or liabilities that may arise from the use of, reliance upon, or interaction with Third-Party Content. Users acknowledge that they engage with such content at their own discretion and risk. Accordingly, we bear no liability for any damages or complications resulting from the use of third-party websites, services, or content.
Section 9: Disclaimer of Warranties and Limitation of Liability
This Limitation of Liability clause shall survive the termination or expiration of this Agreement.
In jurisdictions where applicable law does not allow for the exclusion or limitation of certain liabilities, such laws shall take precedence to the extent required.
To the fullest extent permitted by law, GO-EN disclaims any and all liability for the actions, omissions, opinions, advice, suggestions, or content (hereinafter referred to as "Coaching Services") provided in connection with its coaching services. This includes, but is not limited to, any potential damages or losses arising from the use of or reliance upon information, advice, or content offered by GO-EN or third parties. Users understand and acknowledge that GO-EN's coaching services do not constitute professional medical diagnoses or treatment, and Users remain fully responsible for their own health and well-being. We strongly recommend that Users seek advice from licensed professionals in their country of residence when necessary.
While GO-EN strives to provide high-quality services and fulfills its contractual obligations in good faith, no guarantees are made that the information or advice provided will result in specific or desired outcomes. Users are encouraged to exercise their own judgment when acting upon any advice or information provided through the services and are responsible for taking appropriate actions based on that judgment.
The User agrees that GO-EN's total aggregate liability for any claims arising from this Agreement or the use of its services shall not exceed the total amount paid by the User (or on behalf of the User) to GO-EN during the 180 days preceding the claim.
Section 10: Governing Law and Jurisdiction
This Terms of Service Agreement, and any disputes, controversies, or claims arising out of or in connection with the online coaching services we provide, shall be governed by and construed in accordance with the laws of Japan, excluding its conflicts of law provisions. The User agrees that Japanese law applies exclusively, even for users residing outside of Japan.
If the User accesses or uses our online coaching services from outside Japan, they do so at their own discretion and are solely responsible for ensuring that their use complies with any applicable local laws. GO-EN will not be liable for any losses, damages, or legal consequences arising from such access or use.
Section 11: Arbitration
11.1 Applicability
This provision applies to all parties subject to the arbitration procedures of the Japan Commercial Arbitration Association (JCAA). Any modifications or exceptions to these provisions must comply with the current JCAA rules. If any clause of this Agreement is deemed illegal, invalid, unenforceable, or otherwise in conflict with the law by a competent court, the remaining clauses of this Agreement shall remain in full force and effect. For clarity, this arbitration agreement shall survive the termination or expiration of the relationship between the parties.
11.2 Scope and Exclusivity
Both parties acknowledge that this Agreement is governed by the laws of Japan. Any issues regarding arbitration or the enforceability of this arbitration agreement will be resolved individually through final and binding arbitration. The User agrees that any claims, disputes, or controversies (hereinafter referred to as "Disputes") between the User and the Company (including coaches), regardless of when they arise, shall be exclusively resolved through final and binding arbitration without resorting to litigation, under the conditions outlined herein. All claims in arbitration shall be subject to the same statute of limitations as would apply in court. Both the User and the Company waive their rights to file a lawsuit or seek a jury trial and agree to resolve disputes through arbitration in accordance with this provision.
11.3 Arbitration Institution and Rules
All disputes shall be resolved in accordance with the arbitration rules of the Japan Commercial Arbitration Association (JCAA). Arbitration shall be conducted in a timely and equitable manner under the JCAA's rules. In the event of a conflict between the JCAA rules and this provision, the JCAA rules shall prevail.
11.4 Waiver of Class Actions
Both parties hereby waive the right to file, litigate, or arbitrate any dispute as a class action to the fullest extent permitted by law (hereinafter referred to as "Class Action Waiver"). The arbitrator shall not have the authority to adjudicate or arbitrate class actions. The User also waives the right to receive notice of any potential class actions. Notwithstanding any other provisions in this arbitration agreement or the JCAA consumer rules incorporated by reference, any claim regarding the enforceability, validity, or applicability of the Class Action Waiver shall be determined solely by a competent court. If a dispute is filed as a class action or if the Class Action Waiver is deemed unenforceable by a final judicial ruling, the class action must be litigated in a competent civil court, while any enforceable portion of the Class Action Waiver shall be resolved through arbitration.
11.5 Venue and Governing Law Online Arbitration
If the User resides outside Japan, the User and the Company agree to conduct all arbitration proceedings remotely using the online arbitration services provided by the JCAA. Physical Arbitration: If online Arbitration is not possible or if the parties cannot agree otherwise, the Arbitration will take place in Miyazaki Prefecture, Japan.
11.6 Selection of Arbitrators and Procedures
Arbitration shall be conducted by one or more arbitrators selected in accordance with the rules of the JCAA. The arbitrators will be chosen by mutual Agreement of both parties; if no agreement is reached, the JCAA will appoint the arbitrator(s). The Arbitration shall be conducted promptly, based on written submissions and online or remote evidence, with simplified procedures for a swift resolution. The arbitrator's decision or award shall be made in writing and include findings of fact and legal conclusions. The judgment based on the arbitrator's decision may be rendered by a competent Japanese court.
11.7 Finality and Binding Nature of Arbitration
The arbitrator's decision shall be final and binding. The User and the Company shall abide by that decision and will not challenge it in any court. The arbitration award shall be enforceable under Japanese law and internationally in accordance with the 1958 New York Convention, ensuring enforcement in the New York Convention's signatory countries.
11.8 Expedited Resolution and Remedies in Arbitration
The arbitration proceedings will proceed promptly and aim to conclude within six months, although delays may occur based on specific circumstances. Until the dispute is resolved, either party may seek interim or injunctive relief without delaying the arbitration proceedings.
11.9 Emergency Relief and Interim Measures
The parties may seek specific emergency injunctive relief or interim measures from a Japanese court before or during the arbitration proceedings. Such an application shall not be deemed a waiver of the arbitration obligation under this Agreement. The court may consider the merits of the arbitrable dispute to the extent necessary to render a ruling but only within the limits allowed by applicable law. Any final relief determination shall be made through Arbitration, and the User is obligated to adhere to the subsequent arbitration proceedings.
11.10 Arbitration Fees and Legal Fees
The costs of the arbitration proceedings shall be shared equally by both parties in accordance with the rules of the JCAA. However, if the arbitrator acknowledges special circumstances, the cost allocation may be adjusted. The arbitrator will have final authority over the distribution of arbitration costs, taking into consideration the progress of the proceedings and the parties' conduct. Furthermore, if the arbitrator determines that the User made an invalid or improper claim in the arbitration process, the Company reserves the right to charge the User for the Company's legal fees and all arbitration-related costs. If a separate written agreement exists between the parties regarding the distribution of arbitration costs, it will take precedence over the regular rules.
11.11 Exceptions to Arbitration
Notwithstanding the foregoing, this arbitration agreement does not require arbitration for the following claims: (i) individual claims filed in a small claims court (provided the issue remains in that court and proceeds individually); (ii) individual claims related to sexual assault or harassment arising from the use of coaching services; and (iii) injunctions or other equitable relief sought in a competent court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, including copyrights, trademarks, trade secrets, or patents. This arbitration agreement also does not apply to disputes explicitly exempted from arbitration under applicable Japanese law or laws enacted by legislative bodies.
11.12 Pre-Arbitration Negotiation
Optional Pre-Arbitration Dispute Resolution and Notice: Before initiating arbitration, the parties agree to engage in good faith negotiations for a minimum of 30 days (unless extended by mutual agreement) to amicably resolve any disputes. If no resolution is reached by the conclusion of this period, arbitration may be initiated upon receipt of a written notice ("Dispute Notice") from one party to the other. The "Dispute Notice" must include (i) the name and contact details of the party making the complaint, and (ii) the specific relief sought. The Company will send the Dispute Notice to the User's provided address or email, while the User should send a Dispute Notice to GOENsince2024@gmail.com. All offers, promises, actions, and statements made during the negotiation process shall remain confidential, privileged, and inadmissible in any subsequent arbitration or legal proceedings. However, evidence that is otherwise admissible or disclosable shall not be rendered inadmissible solely due to its use in the negotiation.
11.13 Application to Third Parties
This arbitration agreement binds any claims made by or against third parties, including the User's spouse, heirs, third-party beneficiaries, and assignees, provided the underlying claim arises from or relates to the User's use of the coaching services. Any claim raised by a third-party beneficiary against a party to this Agreement shall also be subject to this arbitration agreement.
11.14 Right to Opt Out of Arbitration
The User may opt out of this arbitration agreement by sending a written notice titled "Opt-Out of Arbitration" to GOENsince2024@gmail.com within seven days of first accessing or using the coaching services (including the free trial). By opting out, neither the User nor the Company shall be required to arbitrate disputes under this agreement, allowing both parties to pursue litigation instead. However, arbitration remains a mandatory condition for using the Company's coaching services, and the Company reserves the right to refuse services if the User opts out of this Agreement. If the User does not opt out within the seven-day period, both the User and the Company shall be deemed to have accepted the terms of this arbitration agreement and the class action waiver.
Section 12: User Responsibilities Regarding Account Management and Service Use
12.1 Maintenance of Account Confidentiality and Security
Users agree to maintain the confidentiality of their passwords and security information associated with their accounts (collectively referred to as "Account Access") and are encouraged to change their passwords regularly. Users must notify us immediately of any unauthorized use of their Account Access or any security breaches. We will make reasonable efforts to take appropriate action upon receiving reports of unauthorized account use. However, users acknowledge that it is impossible to eliminate all risks and accept full responsibility for managing those risks.
12.2 Disclaimer and Liability for Third-Party Account Use
Users acknowledge and agree that they are solely responsible for all activities conducted using their Account Access. Users further agree that we shall not be liable for any damages or losses resulting from the use of their Account Access by third parties, whether or not such use was authorized by the User, and users agree to indemnify us against such claims. This does not apply to instances arising from our intentional misconduct or gross negligence.
12.3 Prohibition of Unauthorized Use of Others' Accounts
Users agree not to use other individuals' accounts or Account Access and shall not disrupt or attempt to gain unauthorized access to our services or systems.
12.4 Prohibition of Service Disruption
Users agree not to disrupt or interfere with our services, servers, networks, infrastructure, or coaching service systems. Prohibited actions include, but are not limited to: (i) sending spam or promotional materials for products or services; (ii) transmitting malicious software or code; (iii) disseminating content that is illegal, harassing, invasive of privacy, abusive, threatening, obscene, racist, or potentially harmful; (iv) infringing upon third-party rights, including intellectual property rights; and (v) engaging in or encouraging criminal activity.
12.5 Compliance with Applicable Laws
Users agree to comply with all applicable local, state, national, and international laws, statutes, regulations, and ethical codes in relation to their use of our coaching services and their interactions with the coach and us.
12.6 Agreement on Virus Checking of Files
Users agree to check and scan any files received from us or the coach for viruses or malicious software before opening or using them, regardless of the source.
12.7 Indemnification and Disclaimer Agreement
Users agree to indemnify, defend, and hold us harmless from any claims, losses, damages, demands, liabilities, costs, or expenses (including but not limited to reasonable attorney fees) arising from or related to: (i) the User's access to or use of our coaching services; (ii) any acts performed using the User's account or Account Access by the User or third parties; (iii) violations of this Agreement by the User; (iv) unpaid amounts for services provided through our coaching services; or (v) infringement of third-party rights (including, but not limited to, intellectual property rights, publicity rights, confidentiality rights, property rights, or privacy rights). This provision shall survive the expiration or termination of this Agreement.
12.8 Agreement on Payment Methods and Fees
Users agree to utilize only payment methods (hereinafter referred to as "Payment Methods") for which they possess legitimate rights and to ensure that all payment information related to the coaching services is accurate and up to date, including future payment information. Users further agree to pay all fees and charges associated with their accounts in a timely manner, as per the published price lists and terms for the coaching services. By providing us with Payment Methods, users authorize us to charge fees to them through those Payment Methods and agree to maintain valid payment information for their accounts.
12.9 Changes, Interruptions, or Terminations of Our Coaching Services
Users acknowledge and agree that we may change, suspend, interrupt, or discontinue our coaching services, any part of the coaching services, or the use of the coaching services at any time, with or without notice to the User. Users accept that we shall not be liable for any losses or damages arising from such actions. However, for any session packages that have already been paid for, we will offer refunds or equivalent alternative services for unused portions, even if such changes, suspensions, interruptions, or discontinuations occur.
12.10 Warranty of Reliability and Access to Coaching Services
Our coaching services rely on our proprietary systems, along with the software, hardware, and tools provided by our contractors and suppliers. Users understand and agree that we cannot guarantee that our coaching services will always be reliable and accessible. Therefore, we cannot ensure uninterrupted access to the coaching services or that they will always be consistent, timely, and error-free. However, if there is an access interruption lasting more than 10 minutes during the use of session packages, we will not offer a refund but will reschedule the next session free of charge. We will provide support and advice for problem-solving, even if the issue arises from the User's side.
12.11 Provisions Regarding International Export Regulations and Sanctions
We will comply with export sanctions and restrictions imposed by the United Nations (UN), the United States, and other international regulatory bodies. Our services may be limited by these sanctions and regulations. Users understand and agree that we retain the right to comply with international sanctions and regulations, which may limit the provision of our services.
12.12 Provisions Regarding Notifications and Communications
We may provide notifications or other communications regarding this Agreement or any aspect of the coaching services to users via email, regular mail, or online postings to the email address we have on record for them. Regardless of users' residences, notifications will be deemed received on the date of receipt. Users must send notifications to us via email at GOENsince2024@gmail.com.
Last updated: September 19, 2024
Section 1: Description of Services
1.1 Definition and Purpose of Our Coaching
1.2 Clear Distinction from Counseling that Provides Psychological Support
1.3 Disclaimer on the Scope of Services and Obligation to Seek Expert Opinion
1.4 Purpose and Limitations of GO-EN's Services
1.5 Important Notice Regarding Medical Emergencies
Section 2: Qualifications
2.1 Scope and Role of Qualifications
Section 3: Free Trial
3.1 Eligible Individuals
3.2 Content of the Free Trial
3.3 Reservation Methods
3.4 Cancellation and Changes
3.5 Limitations on Free Trial Use
3.6 Handling of Personal Information
3.7 Limitation of Liability
3.8 Changes to the Terms
3.9 Applicable Terms
Section 4: Validity of Session Coupons
4.1 Types of Coupons
4.2 Expiration of Coupons
4.3 Management of Coupons
4.4 Exceptions Regarding Coupons
4.5 Proof of Coupon Use
4.6 Refund Policy
4.7 Response in the Event of Business Closure
4.8 Consumer Protection Law Restrictions
4.9 Legal Rights Related to Consumer Protection
Section 5: Consent for Minors
Section 6: Privacy and Security
Section 7: Intellectual Property
Section 8: External Content
Section 9: Disclaimer of Warranties and Limitation of Liability
Section 10: Governing Law and Jurisdiction
Section 11: Arbitration
11.1 Arbitration
11.2 Scope and Exclusivity
11.3 Arbitration Organization and Rules
11.4 Waiver of Class Action
11.5 Arbitration Location and Governing Law
11.6 Selection of Arbitrators and Procedures
11.7 Finality and Binding Nature of Arbitration
11.8 Early Resolution and Remedies in Arbitration
11.9 Emergency Relief and Interim Measures
11.10 Arbitration Costs and Attorney Fees, and Discretionary Powers
11.11 Exceptions to Arbitration
11.12 Pre-Arbitration Dispute Resolution and Notification (Voluntary)
11.13 Application to Third Parties
11.14 Right to Refuse Arbitration
Section 12: User Responsibilities Regarding Account Management and Service Use
12.1 Maintaining Confidentiality and Security of Accounts
12.2 Disclaimer and Responsibility for Third-Party Use of Accounts
12.3 Prohibition of Unauthorized Use of Others' Accounts and Fraudulent Activities
12.4 Prohibition of Service Interference
12.5 Agreement to Comply with Laws
12.6 Agreement Regarding Virus Checks on Files
12.7 Agreement to Indemnify and Release Liability
12.8 Agreement on Payment Methods and Fees
12.9 Modifications, Suspension, or Termination of Our Coaching Services
12.10 Guarantee of Coaching Service Reliability and Access
12.11 Clauses Related to International Export Regulations and Sanctions
12.12 Provisions on Notifications and Communication
Introduction
The following are the terms of service (hereinafter referred to as the "Agreement") governing the access and use of the services provided by GO-EN: Good Health for OCD-Enhancement Net Coaching (hereinafter referred to as "GO-EN").
Please read this Agreement carefully before using GO-EN. By agreeing to all the terms of this Agreement, you may proceed to use GO-EN.
In this Agreement, terms such as "we," "our," and "us" refer to GO-EN: Good Health for OCD-Enhancement Net Coaching. The term "User" in these terms refers to any individual accessing or using GO-EN's services in any capacity. User, including, but not limited to, the following: (i) Individuals who directly use online counselling or other services provided by GO-EN; (ii) Individuals accessing services to support family or friends using the service, or those who access the service together with them; (iii) Individuals who, whether for a fee or free of charge, access or view the content or information provided by GO-EN through its website or other related platforms (including free usage); (iv) Individuals who, whether for a fee or free of charge, access other products or services provided by GO-EN.
By using the service, whether paid or free, Users agree to all the terms of this Agreement and are obligated to comply with them.
This Contract is executed between the User and us, but its contents also apply to OCD CBT Coaches (hereinafter referred to as "Coach") who provide professional coaching to customers. The Coach agrees to provide services in compliance with the terms and conditions of this Agreement, and the rights and obligations of the Coach shall be governed and protected by the provisions set forth in this Contract between the User and us. The Coach shares the responsibilities set forth in this Contract, and in legal procedures, Both we and the Coach shall be bound by the same terms and conditions as stipulated in this Contract.
Our primary goal is to provide coaching services to clients with Obsessive-Compulsive Disorder (OCD Clients) and related disorders, helping them learn skills to control their obsessive thoughts and compulsive behaviours, ultimately improving their quality of life.
This website, operated by GO-EN, is based in Miyazaki, Japan. Our services may be provided or accessed through multiple websites or applications owned and operated by us or third parties.
Section 1: Service Overview
1.1 Definition and Purpose of Coaching
Our services are focused on "coaching," specifically designed for clients experiencing obsessive-compulsive disorder (OCD) and related conditions. Through our coaching program, clients will learn techniques to effectively manage anxiety and reduce compulsive behaviors, primarily employing Cognitive Behavioral Therapy (CBT). This program also aims to alter maladaptive thought patterns, assisting clients in building confidence and adaptability in their daily lives. Ultimately, our goal is to provide coaching that empowers clients to regain a sense of self-fulfillment and actively participate in social activities without being hindered by their symptoms.
It is important to note that our coaching services do not encompass medical practices, treatments, diagnoses, or counseling as regulated by the laws of the User's country of residence.
1.2 Clear Distinction from Psychological Counseling
"Psychological counseling" refers to the provision of professional diagnoses, psychological treatment, and support for mental health issues and emotional difficulties. Such services must be delivered by qualified professionals in accordance with the applicable laws of the User's country of residence. Counseling typically employs a medical approach and necessitates the development of individualized treatment plans. Our coaching services expressly exclude any medical practices, psychological treatment, diagnoses, or counseling.
1.3 Disclaimer Regarding the Scope of Services and Obligation to Seek Expert Opinions
This service provides coaching specifically for OCD and related symptoms and does not encompass medical diagnoses, treatments, or counseling. Users acknowledge and agree that this service is not a substitute for medical practices or counseling. Users are responsible for consulting licensed healthcare professionals or specialists who are qualified under the laws of their country of residence for any matters concerning their health and safety. Users agree to assume full responsibility for their health and safety, understanding that our coaching services do not include diagnoses or treatments. Users are strongly advised not to avoid or delay seeking in-person care from a licensed physician, pharmacist, or other qualified specialists in their country based on any information or advice received through our services.
1.4 Purpose and Limitations of GO-EN's Services
GO-EN does not provide clinical diagnoses that necessitate face-to-face evaluations. We do not handle court-ordered treatments, certifications, or any official documentation or approvals. Furthermore, we do not offer assessments regarding the appropriateness of medication or therapy. Please be aware that we may be unable to respond to inquiries related to these matters, and we disclaim any responsibility for the accuracy of the responses or the outcomes that result from such inquiries.
1.5 Important Notice Regarding Medical Emergencies
In the event of a medical emergency, Users are required to promptly contact the appropriate emergency services (e.g., medical assistance or police) and notify relevant authorities. Users must ensure that accurate emergency contact information is provided during registration to facilitate a timely response in case of emergencies. While we take every precaution to respect user privacy and protect personal information, in situations where there is an imminent threat to the life, health, or property of the User or others, we may disclose information as required by law, including contacting emergency services. In such instances, we will endeavor to protect user privacy to the fullest extent possible while fulfilling our legal obligations and responding appropriately to the emergency.
Please understand that our online services have inherent limitations in emergency situations. Our services do not include face-to-face medical or physical intervention, and we may be unable to adequately respond due to regulations in Japan or the constraints of online services during emergencies.
Section 2: Qualifications
2.1 Scope of Qualifications and Their Role
The OCD Cognitive Behavioral Therapy Coach (hereinafter referred to as the "OCD CBT Coach") providing coaching services on GO-EN holds a master's degree or higher in clinical psychology from a recognized institution in Japan and is registered as a Certified Public Psychologist (Kounin Shinrishi) in Japan. Additionally, the Coach has completed specialized training in Cognitive Behavioral Therapy (CBT) through the Japanese Association of Behavioral and Cognitive Therapies and has obtained certification as a Certified Behavioral Therapist. This ensures that the Coach possesses the specialized knowledge and skills necessary to conduct CBT coaching for clients with OCD and related conditions.
However, these qualifications do not authorize the Coach to perform medical practices, legal counseling, or treatment in the User's country of residence, nor do they imply that the Coach is capable of offering diagnoses, treatments, or counseling beyond the legal framework of each respective country. Medical practices, diagnoses, or counseling should only be provided by individuals legally qualified in the User's country of residence. To avoid any misunderstanding, although the Coach's Japanese qualifications are listed on GO-EN's website, the Coach will be referred to as "OCD CBT Coach" on our website and related applications to prevent confusion with psychotherapist qualifications recognized in the User's location.
The coaching provided by our "OCD CBT Coach" is limited to offering action plans aimed at achieving goals related to the reduction of OCD symptoms, providing feedback and guidance on progress, and supplying helpful resources and tools. Neither GO-EN nor the Coach provides any assessments regarding the appropriateness of medication or treatment. Furthermore, we disclaim any responsibility for responses to such inquiries. Users are requested to understand and agree that no professional diagnoses or treatments will be provided through our service.
Note 1: The Certified Public Psychologist is the only nationally recognized qualification for psychology professionals in Japan, legally validating that the individual possesses specialized knowledge and skills in the field of psychology. This qualification requires adherence to prescribed standards and ethical norms in the provision of psychological support. Certified Public Psychologists are authorized to offer interventions based on scientific evidence and play a legally recognized role as professionals within Japan's mental health care sector.
Section 3: Free Trial
GO-EN may offer free trial services periodically. The free trial agreement provides new users with a one-time free trial session (hereinafter referred to as the "Free Trial"). To utilize the Free Trial, users must accept and agree to the terms and conditions set forth in this Agreement.
3.1 Eligibility
The Free Trial is available only to users who are engaging GO-EN's online coaching services for the first time. Users who have previously participated in a Free Trial from GO-EN are ineligible.
3.2 Offer Details
The Free Trial grants users access to an initial coaching session (up to 30 minutes) at no cost. The session includes:
(i) An assessment and consultation to understand the User's current concerns and issues;
(ii) A determination of whether GO-EN's coaching services are suitable for addressing the User's OCD symptoms;
(iii) Recommendations on appropriate support methods and the next steps for managing the User's OCD symptoms.
The purpose of this Free Trial is to enable users to evaluate whether GO-EN’s coaching services align with their needs.
3.3 How to Book
To redeem the Free Trial, users must schedule an appointment through GO-EN's online reservation system. Users are required to provide accurate and complete information during the booking process.
3.4 Cancellation and Changes
Free Trial reservations may be canceled or rescheduled without charge up to 12 hours before the scheduled session time. If the cancellation or change is made within 12 hours of the session, or if the User fails to contact GO-EN within 10 minutes of the scheduled session start time, the Free Trial will be considered forfeited.
3.5 Limitations on Free Trial Use
Each user is entitled to one Free Trial. The creation of multiple accounts or the use of false information to claim additional Free Trials is strictly prohibited. In the event such behavior is detected, GO-EN reserves the right to suspend service and deny future access to the User.
3.6 Handling of Personal Information
Personal information collected during the Free Trial will be managed in accordance with GO-EN's Privacy Policy. For further details, please refer to the [Privacy Policy].
3.7 Limitation of Liability
GO-EN shall not be liable for any damages arising from the use of the Free Trial. The User acknowledges and accepts that they use the Free Trial at their own risk.
3.8 Changes to Terms
GO-EN reserves the right to modify the terms of this Agreement as needed. Users will be notified of any such changes via GO-EN's website. By scheduling a Free Trial after the changes, the User is deemed to have accepted the revised terms.
3.9 Applicable Terms
The use of the Free Trial is subject to all terms and conditions outlined in GO-EN's Terms of Service, including but not limited to the Privacy Policy, limitations of liability, and prohibited activities. By utilizing the Free Trial, users agree to be bound by the [Terms of Service] and [Privacy Policy].
Section 4: Session Packages
4.1 Types of Session Packages
GO-EN offers session packages consisting of 1-session, 3-session, and 5-session options. GO-EN reserves the right to modify the types of session packages available without prior notice to the User on GO-EN's website. However, for session packages purchased prior to any changes, the terms and conditions in effect at the time of purchase shall continue to apply.
4.2 Validity of Session Packages
The User must schedule the first session within 90 days of purchasing a session package. Failure to book the first session within this period will result in the expiration and invalidation of the session package, and no refunds shall be provided. Additionally, each session package must be fully utilized within 90 days of the final session. If this period is exceeded, any remaining unused sessions will automatically expire, and no refund or rescheduling requests will be entertained. In exceptional circumstances, such as prolonged illness or injury, if it becomes difficult to schedule sessions, the User must notify GO-EN within the 90-day period. Additional accommodations may be considered depending on the circumstances.
4.3 Session Package Management
GO-EN may provide notifications to the User as the expiration of a session package approaches. However, such notifications are not a service obligation. It is the User's sole responsibility to monitor and manage the expiration dates of their session packages. GO-EN shall not be liable for any expired session packages, and no compensation or reinstatement will be provided for unused sessions once the package has expired.
4.4 Exceptions Regarding Session Packages
In the case of medical reasons or other exceptional circumstances reasonably recognized by GO-EN, users may apply for an extension of up to an additional 90 days, provided the request is made within 90 days of the final session date. Extension requests must be submitted through GO-EN's contact form before the session package expires. Extensions will only be granted upon approval, and GO-EN will notify the User of the outcome via the User's registered email. Requests made after the expiration date will not be considered.
4.5 Obligation to Provide Proof
In the event of a dispute regarding the validity of a session package, the User bears the burden of proof and must submit relevant evidence, such as session booking dates, to GO-EN. Users are required to furnish proof of the validity of the session package to support their claims.
4.6 Refund Policy
GO-EN encourages new users to utilize the free trial session before purchasing a session package, allowing them to verify whether GO-EN's coaching services are suitable. Refund requests for session packages will not be accepted after 14 days from the date of purchase. Users are advised to make purchases with full acknowledgment and Agreement to this policy. If a refund request is made within 14 days of purchase and no sessions have been used, a full refund will be provided. In cases where some sessions of a discounted session package have already been used, the refund amount will be calculated based on the regular per-session price, and the cost of the used sessions will be deducted from the total purchase amount. For example, if a 5-session package (e.g., $300) is purchased and two sessions have been used, the regular session price (e.g., $100) will be applied. The cost of the two used sessions (e.g., 100 × 2 = $200) will be deducted, and the remaining balance (e.g., $100) will be refunded. Once a refund is issued, all remaining sessions in the package will be void, and the User will need to purchase a new session package to continue receiving sessions. Refunds processed via credit card or PayPal typically take 7-10 business days. This refund policy does not limit any statutory rights users may have under applicable law.
4.7 Measures in the Event of Business Closure
In the event that GO-EN ceases business operations, users with unused session packages will be entitled to a refund. If GO-EN plans to terminate operations, notifications will be posted on the website and sent to the registered email address. Users have a 90-day period from the date of the closure notice to claim refunds for unused session packages. Refunds will be calculated based on the per-session rate at the time of purchase. For example, if a 5-session package was purchased for $300 and 2 sessions were used, the per-session rate would be $60 ($300 ÷ 5 sessions). The cost of the two used sessions ($120) will be deducted, and the remaining 3 sessions ($180) will be refunded. It is the User's responsibility to promptly update their email address with GO-EN in case of changes. If a notification is not received due to an outdated email address, the 90-day period for claiming refunds will still apply, and users must take the necessary action by checking the website. Failure to make a refund claim within the 90-day period will result in forfeiture of the refund.
4.8 Restrictions under Consumer Protection Law
GO-EN complies with Japan's mandatory consumer protection regulations. In cases where changes to the terms of service result in disadvantages for users who have already purchased session packages—such as changes to the validity period, usage conditions, cancellation policies, or refund provisions—the terms and conditions in effect at the time of purchase will take precedence, as required by Japan's Consumer Protection Law. New terms will only apply to new purchases or agreements entered into after their effective date.
4.9 Legal Rights Concerning Consumer Protection
Nothing in this policy shall affect any mandatory legal rights that users may have under consumer protection laws in the country of their residence. In the event of any conflict between these terms and mandatory consumer protection regulations in the User's country, those regulations shall prevail.
Section 5. Consent for Minors
If the service is used by a minor under the age of 18, the consent of a parent or legal guardian is required. For children under 13, explicit consent from a parent or legal guardian is mandatory. By allowing a minor to use the service, GO-EN assumes that the parent or legal guardian has explicitly agreed to the terms of service and assumes full responsibility for the minor's use of the service. Furthermore, the parent or guardian consents to the collection, processing, and use of the minor's personal information as outlined in the accompanying Privacy Policy and agrees that their consent for coaching services remains valid until the termination of the Agreement.
For minors under the age of 13, the parent’s or legal guardian’s email address will be used to verify consent. If parental consent is not obtained or if the provided email address is found to be inaccurate, the service may be restricted or suspended. The parent or legal guardian assumes full responsibility for supervising the minor’s use of the service and ensuring compliance with the terms.
Parents or legal guardians may withdraw their consent at any time by contacting GO-EN via the methods provided on the website. Upon withdrawal of consent, the minor’s access to the service will be suspended immediately. Unused session packages will be fully refunded, irrespective of the refund period. Refunds for used sessions will be calculated based on the regular session price before any applied discounts. The process for calculating refunds will align with GO-EN's standard refund policy, except that no refund period restrictions will apply.
Section 6. Privacy and Security
The protection of any information provided by the User is of paramount importance to GO-EN. Details regarding our security and privacy practices are set out in GO-EN's Privacy Policy, which is available on our website (hereinafter referred to as the "Privacy Policy"). By agreeing to this Agreement and/or using GO-EN's services, the User also agrees to the terms of the Privacy Policy. The Privacy Policy is hereby incorporated into this Agreement as part of its terms.
Any changes or revisions to this Agreement will similarly apply to the Privacy Policy, and users will be notified in accordance with the procedures outlined in this Agreement. GO-EN takes all reasonable steps to protect the User's personal information and maintain the security of our services.
Section 7. Intellectual Property
All rights, title, and interest in our website, related apps, and associated content, including all intellectual property rights therein, are owned by GO-EN or other relevant providers. This Agreement does not transfer or grant the User any intellectual property rights owned by GO-EN or its licensors.
GO-EN and all related names, logos, product names, service names, and slogans are trademarks of GO-EN or its affiliates. The use of our trademarks or brand names typically requires prior written consent. However, in the event the following condition (A) is met, trademarks may be used without permission, provided they include a link to our content.
Condition (A): The User agrees and undertakes not to use trademarks or brand names for the following purposes:
(i) Spam and/or unauthorized advertising or promotion of goods or services
(ii) Malware or harmful software
(iii) Illegal activities, harassment, invasion of privacy, abuse, threats, obscenity, vulgarity, racism, or harmful content
(iv) Content that infringes on third-party rights, including intellectual property rights
(v) Content that encourages or constitutes criminal activity
If any of the above conditions are violated, GO-EN reserves the right to terminate the use of its trademarks.
Subject to the User’s compliance with this Agreement, GO-EN grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
Access and use GO-EN services solely on the User’s personal devices
Access and use the content, information, and materials provided through GO-EN services for personal, non-commercial use only
All rights not expressly granted herein are reserved by GO-EN or its licensors.
Section 8: External Content
Our services may contain or provide access to content, products, or services offered by third parties (hereinafter referred to as "Third-Party Content"), which may include, but are not limited to, links to third-party websites or advertisements. We do not warrant the accuracy, reliability, or security of any information or content provided by these third-party sources. We disclaim all responsibility for any issues, damages, or liabilities that may arise from the use of, reliance upon, or interaction with Third-Party Content. Users acknowledge that they engage with such content at their own discretion and risk. Accordingly, we bear no liability for any damages or complications resulting from the use of third-party websites, services, or content.
Section 9: Disclaimer of Warranties and Limitation of Liability
This Limitation of Liability clause shall survive the termination or expiration of this Agreement.
In jurisdictions where applicable law does not allow for the exclusion or limitation of certain liabilities, such laws shall take precedence to the extent required.
To the fullest extent permitted by law, GO-EN disclaims any and all liability for the actions, omissions, opinions, advice, suggestions, or content (hereinafter referred to as "Coaching Services") provided in connection with its coaching services. This includes, but is not limited to, any potential damages or losses arising from the use of or reliance upon information, advice, or content offered by GO-EN or third parties. Users understand and acknowledge that GO-EN's coaching services do not constitute professional medical diagnoses or treatment, and Users remain fully responsible for their own health and well-being. We strongly recommend that Users seek advice from licensed professionals in their country of residence when necessary.
While GO-EN strives to provide high-quality services and fulfills its contractual obligations in good faith, no guarantees are made that the information or advice provided will result in specific or desired outcomes. Users are encouraged to exercise their own judgment when acting upon any advice or information provided through the services and are responsible for taking appropriate actions based on that judgment.
The User agrees that GO-EN's total aggregate liability for any claims arising from this Agreement or the use of its services shall not exceed the total amount paid by the User (or on behalf of the User) to GO-EN during the 180 days preceding the claim.
Section 10: Governing Law and Jurisdiction
This Terms of Service Agreement, and any disputes, controversies, or claims arising out of or in connection with the online coaching services we provide, shall be governed by and construed in accordance with the laws of Japan, excluding its conflicts of law provisions. The User agrees that Japanese law applies exclusively, even for users residing outside of Japan.
If the User accesses or uses our online coaching services from outside Japan, they do so at their own discretion and are solely responsible for ensuring that their use complies with any applicable local laws. GO-EN will not be liable for any losses, damages, or legal consequences arising from such access or use.
Section 11: Arbitration
11.1 Applicability
This provision applies to all parties subject to the arbitration procedures of the Japan Commercial Arbitration Association (JCAA). Any modifications or exceptions to these provisions must comply with the current JCAA rules. If any clause of this Agreement is deemed illegal, invalid, unenforceable, or otherwise in conflict with the law by a competent court, the remaining clauses of this Agreement shall remain in full force and effect. For clarity, this arbitration agreement shall survive the termination or expiration of the relationship between the parties.
11.2 Scope and Exclusivity
Both parties acknowledge that this Agreement is governed by the laws of Japan. Any issues regarding arbitration or the enforceability of this arbitration agreement will be resolved individually through final and binding arbitration. The User agrees that any claims, disputes, or controversies (hereinafter referred to as "Disputes") between the User and the Company (including coaches), regardless of when they arise, shall be exclusively resolved through final and binding arbitration without resorting to litigation, under the conditions outlined herein. All claims in arbitration shall be subject to the same statute of limitations as would apply in court. Both the User and the Company waive their rights to file a lawsuit or seek a jury trial and agree to resolve disputes through arbitration in accordance with this provision.
11.3 Arbitration Institution and Rules
All disputes shall be resolved in accordance with the arbitration rules of the Japan Commercial Arbitration Association (JCAA). Arbitration shall be conducted in a timely and equitable manner under the JCAA's rules. In the event of a conflict between the JCAA rules and this provision, the JCAA rules shall prevail.
11.4 Waiver of Class Actions
Both parties hereby waive the right to file, litigate, or arbitrate any dispute as a class action to the fullest extent permitted by law (hereinafter referred to as "Class Action Waiver"). The arbitrator shall not have the authority to adjudicate or arbitrate class actions. The User also waives the right to receive notice of any potential class actions. Notwithstanding any other provisions in this arbitration agreement or the JCAA consumer rules incorporated by reference, any claim regarding the enforceability, validity, or applicability of the Class Action Waiver shall be determined solely by a competent court. If a dispute is filed as a class action or if the Class Action Waiver is deemed unenforceable by a final judicial ruling, the class action must be litigated in a competent civil court, while any enforceable portion of the Class Action Waiver shall be resolved through arbitration.
11.5 Venue and Governing Law Online Arbitration
If the User resides outside Japan, the User and the Company agree to conduct all arbitration proceedings remotely using the online arbitration services provided by the JCAA. Physical Arbitration: If online Arbitration is not possible or if the parties cannot agree otherwise, the Arbitration will take place in Miyazaki Prefecture, Japan.
11.6 Selection of Arbitrators and Procedures
Arbitration shall be conducted by one or more arbitrators selected in accordance with the rules of the JCAA. The arbitrators will be chosen by mutual Agreement of both parties; if no agreement is reached, the JCAA will appoint the arbitrator(s). The Arbitration shall be conducted promptly, based on written submissions and online or remote evidence, with simplified procedures for a swift resolution. The arbitrator's decision or award shall be made in writing and include findings of fact and legal conclusions. The judgment based on the arbitrator's decision may be rendered by a competent Japanese court.
11.7 Finality and Binding Nature of Arbitration
The arbitrator's decision shall be final and binding. The User and the Company shall abide by that decision and will not challenge it in any court. The arbitration award shall be enforceable under Japanese law and internationally in accordance with the 1958 New York Convention, ensuring enforcement in the New York Convention's signatory countries.
11.8 Expedited Resolution and Remedies in Arbitration
The arbitration proceedings will proceed promptly and aim to conclude within six months, although delays may occur based on specific circumstances. Until the dispute is resolved, either party may seek interim or injunctive relief without delaying the arbitration proceedings.
11.9 Emergency Relief and Interim Measures
The parties may seek specific emergency injunctive relief or interim measures from a Japanese court before or during the arbitration proceedings. Such an application shall not be deemed a waiver of the arbitration obligation under this Agreement. The court may consider the merits of the arbitrable dispute to the extent necessary to render a ruling but only within the limits allowed by applicable law. Any final relief determination shall be made through Arbitration, and the User is obligated to adhere to the subsequent arbitration proceedings.
11.10 Arbitration Fees and Legal Fees
The costs of the arbitration proceedings shall be shared equally by both parties in accordance with the rules of the JCAA. However, if the arbitrator acknowledges special circumstances, the cost allocation may be adjusted. The arbitrator will have final authority over the distribution of arbitration costs, taking into consideration the progress of the proceedings and the parties' conduct. Furthermore, if the arbitrator determines that the User made an invalid or improper claim in the arbitration process, the Company reserves the right to charge the User for the Company's legal fees and all arbitration-related costs. If a separate written agreement exists between the parties regarding the distribution of arbitration costs, it will take precedence over the regular rules.
11.11 Exceptions to Arbitration
Notwithstanding the foregoing, this arbitration agreement does not require arbitration for the following claims: (i) individual claims filed in a small claims court (provided the issue remains in that court and proceeds individually); (ii) individual claims related to sexual assault or harassment arising from the use of coaching services; and (iii) injunctions or other equitable relief sought in a competent court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, including copyrights, trademarks, trade secrets, or patents. This arbitration agreement also does not apply to disputes explicitly exempted from arbitration under applicable Japanese law or laws enacted by legislative bodies.
11.12 Pre-Arbitration Negotiation
Optional Pre-Arbitration Dispute Resolution and Notice: Before initiating arbitration, the parties agree to engage in good faith negotiations for a minimum of 30 days (unless extended by mutual agreement) to amicably resolve any disputes. If no resolution is reached by the conclusion of this period, arbitration may be initiated upon receipt of a written notice ("Dispute Notice") from one party to the other. The "Dispute Notice" must include (i) the name and contact details of the party making the complaint, and (ii) the specific relief sought. The Company will send the Dispute Notice to the User's provided address or email, while the User should send a Dispute Notice to GOENsince2024@gmail.com. All offers, promises, actions, and statements made during the negotiation process shall remain confidential, privileged, and inadmissible in any subsequent arbitration or legal proceedings. However, evidence that is otherwise admissible or disclosable shall not be rendered inadmissible solely due to its use in the negotiation.
11.13 Application to Third Parties
This arbitration agreement binds any claims made by or against third parties, including the User's spouse, heirs, third-party beneficiaries, and assignees, provided the underlying claim arises from or relates to the User's use of the coaching services. Any claim raised by a third-party beneficiary against a party to this Agreement shall also be subject to this arbitration agreement.
11.14 Right to Opt Out of Arbitration
The User may opt out of this arbitration agreement by sending a written notice titled "Opt-Out of Arbitration" to GOENsince2024@gmail.com within seven days of first accessing or using the coaching services (including the free trial). By opting out, neither the User nor the Company shall be required to arbitrate disputes under this agreement, allowing both parties to pursue litigation instead. However, arbitration remains a mandatory condition for using the Company's coaching services, and the Company reserves the right to refuse services if the User opts out of this Agreement. If the User does not opt out within the seven-day period, both the User and the Company shall be deemed to have accepted the terms of this arbitration agreement and the class action waiver.
Section 12: User Responsibilities Regarding Account Management and Service Use
12.1 Maintenance of Account Confidentiality and Security
Users agree to maintain the confidentiality of their passwords and security information associated with their accounts (collectively referred to as "Account Access") and are encouraged to change their passwords regularly. Users must notify us immediately of any unauthorized use of their Account Access or any security breaches. We will make reasonable efforts to take appropriate action upon receiving reports of unauthorized account use. However, users acknowledge that it is impossible to eliminate all risks and accept full responsibility for managing those risks.
12.2 Disclaimer and Liability for Third-Party Account Use
Users acknowledge and agree that they are solely responsible for all activities conducted using their Account Access. Users further agree that we shall not be liable for any damages or losses resulting from the use of their Account Access by third parties, whether or not such use was authorized by the User, and users agree to indemnify us against such claims. This does not apply to instances arising from our intentional misconduct or gross negligence.
12.3 Prohibition of Unauthorized Use of Others' Accounts
Users agree not to use other individuals' accounts or Account Access and shall not disrupt or attempt to gain unauthorized access to our services or systems.
12.4 Prohibition of Service Disruption
Users agree not to disrupt or interfere with our services, servers, networks, infrastructure, or coaching service systems. Prohibited actions include, but are not limited to: (i) sending spam or promotional materials for products or services; (ii) transmitting malicious software or code; (iii) disseminating content that is illegal, harassing, invasive of privacy, abusive, threatening, obscene, racist, or potentially harmful; (iv) infringing upon third-party rights, including intellectual property rights; and (v) engaging in or encouraging criminal activity.
12.5 Compliance with Applicable Laws
Users agree to comply with all applicable local, state, national, and international laws, statutes, regulations, and ethical codes in relation to their use of our coaching services and their interactions with the coach and us.
12.6 Agreement on Virus Checking of Files
Users agree to check and scan any files received from us or the coach for viruses or malicious software before opening or using them, regardless of the source.
12.7 Indemnification and Disclaimer Agreement
Users agree to indemnify, defend, and hold us harmless from any claims, losses, damages, demands, liabilities, costs, or expenses (including but not limited to reasonable attorney fees) arising from or related to: (i) the User's access to or use of our coaching services; (ii) any acts performed using the User's account or Account Access by the User or third parties; (iii) violations of this Agreement by the User; (iv) unpaid amounts for services provided through our coaching services; or (v) infringement of third-party rights (including, but not limited to, intellectual property rights, publicity rights, confidentiality rights, property rights, or privacy rights). This provision shall survive the expiration or termination of this Agreement.
12.8 Agreement on Payment Methods and Fees
Users agree to utilize only payment methods (hereinafter referred to as "Payment Methods") for which they possess legitimate rights and to ensure that all payment information related to the coaching services is accurate and up to date, including future payment information. Users further agree to pay all fees and charges associated with their accounts in a timely manner, as per the published price lists and terms for the coaching services. By providing us with Payment Methods, users authorize us to charge fees to them through those Payment Methods and agree to maintain valid payment information for their accounts.
12.9 Changes, Interruptions, or Terminations of Our Coaching Services
Users acknowledge and agree that we may change, suspend, interrupt, or discontinue our coaching services, any part of the coaching services, or the use of the coaching services at any time, with or without notice to the User. Users accept that we shall not be liable for any losses or damages arising from such actions. However, for any session packages that have already been paid for, we will offer refunds or equivalent alternative services for unused portions, even if such changes, suspensions, interruptions, or discontinuations occur.
12.10 Warranty of Reliability and Access to Coaching Services
Our coaching services rely on our proprietary systems, along with the software, hardware, and tools provided by our contractors and suppliers. Users understand and agree that we cannot guarantee that our coaching services will always be reliable and accessible. Therefore, we cannot ensure uninterrupted access to the coaching services or that they will always be consistent, timely, and error-free. However, if there is an access interruption lasting more than 10 minutes during the use of session packages, we will not offer a refund but will reschedule the next session free of charge. We will provide support and advice for problem-solving, even if the issue arises from the User's side.
12.11 Provisions Regarding International Export Regulations and Sanctions
We will comply with export sanctions and restrictions imposed by the United Nations (UN), the United States, and other international regulatory bodies. Our services may be limited by these sanctions and regulations. Users understand and agree that we retain the right to comply with international sanctions and regulations, which may limit the provision of our services.
12.12 Provisions Regarding Notifications and Communications
We may provide notifications or other communications regarding this Agreement or any aspect of the coaching services to users via email, regular mail, or online postings to the email address we have on record for them. Regardless of users' residences, notifications will be deemed received on the date of receipt. Users must send notifications to us via email at GOENsince2024@gmail.com.
Last updated: September 19, 2024
