TSST Terms of Use

These TSST Terms of Use ("Terms of Use") set forth conditions applicable to a corporate applicant ("Client") for the English speaking test "TSST" ("Test") provided by ALC EDUCATION INC. ("Company") and actual examinees ("Examinees"). Examinees include those who have made applications individually and not through the corporation.

1. The Client and the Examinees shall agree to these Terms of Use when applying for the Test, and accessing their Test results and using other services ("Services").
2. The Client and the Examinees shall agree that any personal information provided to the Company through the use of the Services will be treated in accordance with the Company's Privacy Policy and Handling of Personal Information.

1. The Client and the Examinees shall comply with the instructions given by the Company during the Test application process.
2. The Client and the Examinees shall enter true and correct information when prompted during the Test application process.
3. Upon application for the Test, the Client and the Examinees shall pay the fees, which shall be specified separately.
4. The Examinees shall prepare the necessary equipment and the suitable conditions and environment for taking the Test at their own expense and on their own responsibility.
5. The Test shall be taken by the same person as the one registered with the Company as an Examinee upon application. If the person registered with the Company as an Examinee upon application is different from the actual examinee, his or her participation in the Test shall be invalidated.

1. The Client shall agree to these Terms of Use and apply for the Services using a method to be separately specified by the Company. Examinees who make applications individually, not through the corporation, shall do so at the TSST official website. When applications are made, the Client and the Examinees shall be deemed to have agreed to these Terms of Use, and test agreements containing these Terms of Use as their clauses shall be formed.
2. Except in the case of a default by the Company, the test agreements, once formed, may not be terminated in whole or in part.

1. The Client and the Examinees shall strictly manage their Company-provided IDs and passwords necessary to take the Test and access their Test results etc., and shall not disclose, assign, or lend them to third parties.
2. The Company shall have no responsibility if the Client and the Examinees are not able to take the Test as a result of a theft by third parties of their IDs and passwords set forth in the preceding paragraph.

The Examinees shall not raise any objections to the Company about their Test results. The Examinees shall also understand that their Test results may become unavailable if their voice recordings are substandard because of communication interference etc. or they are suspected of having done any of the prohibited acts specified in these Terms of Use.

All copyright and other intellectual property rights regarding the Test contents, trademarks, logos, and manuals etc. (collectively "Contents etc.") are vested in the Company. The Client and the Examinees may not disclose to third parties, reuse, copy (including sound recording), accumulate, distribute, sell, assign, lend, adapt, alter, or otherwise dispose of the Contents etc. without the Company's permission.

In connection with their use of this product, the Client and the Examinees are prohibited from
1. doing anything during the Test that may interfere with the proper rating of their English speaking proficiency (the Examinees' ability to come up with answers to the questions "on the spot as they are asked" and express their answers in English), including:
(1) conversing with third parties;
(2) using translation tools or dictionaries;
(3) reading aloud prepared scripts; and
(4) repeating speeches that have been memorized by rote;
2. recording any part or the whole of the Test voice (instructions, questions, answer options);
3. disclosing the Test questions to third parties without the Company's permission;
4. causing harm to other Examinees or third parties;
5. conducting sales activities regarding this product without the Company's permission;
6. doing any other act that is prohibited in these Terms of Use or constitutes any of the grounds for suspension specified in the following Article; and
7. doing any other act that is judged to be inappropriate by the Company in the light of the items above.

1. The Company may discontinue the Test for the Examinees and suspend their use of the Services if
(1) the Client and the Examinees fail to comply with the Company's instructions during the Test application process;
(2) the Client and the Examinees provide false information during the Test application process;
(3) the Client and the Examinees fail to pay the fees upon application for the Test;
(4) the Company otherwise judges that the taking of the Test by the Examinees is inappropriate; or
(5) the Company judges that the Client and the Examinees are antisocial forces etc. (this term refers to organized crime groups, members of organized crime groups, quasi-members of organized crime groups, persons affiliated with organized crime groups, corporate racketeers, right-wing organizations, antisocial forces, and other persons of a similar nature; hereinafter the same applies), or are cooperating or involved in the maintenance, operation or management of antisocial forces by means of fund provision or otherwise, or are otherwise associated or involved with antisocial forces.
2. The Company may also suspend the use of the Services at its own discretion for any other reasons, including server maintenance, in addition to those specified in the items of the preceding paragraph.
3. The Company shall not be liable for any damage, loss, or other disadvantage caused to the Examinees as a result of its suspension under the preceding two paragraphs.

The Company shall not be liable for any damage, loss, or other disadvantage suffered by the Examinees as a result of their inability to take the Test because of natural disasters, forces majeure, or other events not attributable to the Company.

The Company may make additions, changes, or deletions to or from these Terms of Use (the "Change" hereinafter in this Article) as appropriate. In this case, the Company shall give prior notice of the contents of these Terms of Use after the Change and the effective date of the Change on the Company's website or by any other reasonable method. If such notice is given, the Change shall be effective as from the announced effective date.

These Terms of Use shall be governed by the laws of Japan, and it is hereby agreed that the Tokyo District Court shall have exclusive jurisdiction in the first instance with regard to any disputes arising between the Examinees and the Company.

Established on June 5, 2008
Revised on April 1, 2021