TERMS OF SERVICE

1. Introduction

• These Terms of Service and Conditions (“Terms”) govern your (“user”, “you” or “your”) access to and use of the Navi Japan platform, including the mobile application, website and related services (collectively, “Services”). Navi Japan is offered by Sannam S4 Group and its affiliate company, Sannam S4 Acumen India Pvt Ltd (“Sannam S4”, “we”, “us”, or “our”).
• By accessing or using our Services, you agree to be legally bound by these Terms of Service and our Privacy Notice. If you do not agree to these Terms, please do not use our Services.
• These Terms of Service apply to all users of the Services, including visitors, registered users, students, parents, counsellors, institutional representatives and any other users of Navi Japan.

2. Changes To Terms of Service

• We reserve the right to revise or modify these Terms at our sole discretion. Any changes will become effective immediately upon posting on the Services, unless otherwise stated. Where appropriate, we may notify users of material changes, but it is your responsibility to regularly review these Terms of Service.
• Your continued use of the Services after the posting of any updates constitutes your acceptance of those changes. If you disagree with any updates to the Terms of Service, your only remedy is to stop using the Services.

3. Eligibility

• To use the Navi Japan platform and related services, the user must be:

• At least 18 years of age, or
• The legal age of majority under your national law (whichever is higher), and
• Capable of entering into a binding legal contract under applicable law.
  • If you are accessing or using the Services on behalf of a school, university, company, organisation, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not meet these requirements, you may not access or use the Services.

4. Account Registration and Security

• When registering your account on the App, we require you to provide information such as name, mobile number, email-id.
• You agree to provide accurate, up-to-date, and complete account information during registration and in connection with your use of the Navi Japan App and to keep such information updated.
• You are responsible for maintaining the confidentiality of your account credentials, and you will notify us immediately of any unauthorised use.
• We reserve the right to suspend accounts with false, outdated, or misleading information.

5. Acceptable Use and Prohibited Conduct

• You agree to use the Services only for lawful, authorised, and legitimate purposes and in compliance with these terms and all applicable laws, including those of:

• European Union (GDPR, Consumer Directives)
• United Kingdom (UK GDPR, Consumer Rights Act)
• United States (Federal and State Privacy and Consumer Protection Laws)
• India (Information Technology Act, 2000 and DPDP Act, 2023)
• Vietnam (PDPL and Decree No. 13/2023/ND-CP on Personal Data Protection)
• Australia (Privacy Act 1988, ACL)
• Japan (APPI, Civil Code)
  • You must not:

5.2.1.   Access, scrape, extract, reproduce or index any part of the Services or content using:

• Robots, spiders, crawlers, scripts, or any other automated means;
• Artificial Intelligence (AI) tools, including Large Language Models (LLMs), for training or generating derivative works.
  • Use the Services or any part thereof to:
• Develop, train, or refine any machine learning or artificial intelligence system.
• Cache, archive, or replicate data or content outside permissible uses (e.g., legitimate public search indexing).
• Frame or mirror the Services or present them as your own.
• Circumvent any access restrictions, security controls, or authentication protocols.
• Upload or transmit any viruses, malware, or malicious code.
• Interfere with or disrupt the functioning, servers, or infrastructure supporting the Services.
• Misrepresent your identity, impersonate others, or provide false information.
• Collect personal information of others without their consent.
• Engage in any activity that violates applicable law or third-party rights.
  • Violation of this clause may result in the suspension or termination of your access, notification to regulatory authorities, and legal action for injunctive relief and/or damages.

6. Intellectual Property Rights

• All content, trademarks, trade names, service marks, logos, audio, video, images, graphics, designs, layouts, and other materials on the Navi Japan platform (“Content”) are the property of Sannam S4 or Sannam S4 Acumen India Pvt Ltd or its licensors and are protected under applicable intellectual property laws.
• Except as expressly provided, nothing in these Terms of Service grants you any rights to use, copy, reproduce, distribute, modify, create derivative works, or publicly display any Content without our prior written permission.
• You shall not:

• Use any Content or Service output to train or improve any machine learning algorithm, artificial intelligence tool, or data analysis system;
• Extract content to build datasets for generative AI applications or related technologies.

Any such use shall constitute a material breach of these Terms of Service and may result in legal action, including injunctive relief and monetary damages.

7. User-Generated Content

• By submitting any content, data, materials, feedback, or information on the Navi Japan platform (“User Content”), you grant us a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, store, reproduce, modify, display, distribute, and otherwise exploit such content for the purpose of operating and improving the Services.
• You represent and warrant that:

• You own or have legal rights to all User Content you provide;
• Your User Content does not infringe any intellectual property, confidentiality, privacy, or data protection rights;
• You are solely responsible for any content you upload or transmit through our Services.
  • We reserve the right to remove or restrict access to any User Content that violates these Terms of Service or applicable law.

8. Third-Party Services and Links

• The Services may contain links to, integrations with, or references to third-party websites, services, content for your convenience. We do not control or endorse such third-party content and are not responsible for:

• The accuracy or availability of third-party services;
• The Terms of Service, privacy policies, or practices of third-party sites;
• Any loss or damage arising from your use of third-party services.
  • Your use of any third-party services is solely at your own risk and subject to the terms and policies of those third parties.

9. Disclaimers

• To the maximum extent permitted by applicable law:

• The Services are provided “as is” and “as available,” without any warranties, express or implied. We do not guarantee:
• That the Services will be error-free, secure, or uninterrupted;
• That content is accurate, complete, or up to date;
• That your use of the Services will meet your expectations.
  • Navi Japan may provide information, support, guidance, recommendations, or access to opportunities relating to study in Japan. However, we do not guarantee admission to any institution, scholarship award, visa approval, placement outcome, or any other specific academic, immigration, or professional result.
  • Some jurisdictions (such as Australia or California) may not allow disclaimers of certain warranties. In such cases, the disclaimers shall apply only to the fullest extent permitted by applicable law.

10. Limitation of Liability

• To the fullest extent permitted by applicable law:

• Sannam S4 and its affiliates, directors, officers, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including loss of profits, business, data, goodwill, or use, arising out of or in connection with your use or inability to use the Services.
• To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to the Services or these Terms shall not exceed INR 10,000 or equivalent amount in your local currency.
  • Some jurisdictions do not permit certain limitations. Where applicable law overrides this clause, our liability will be limited to the extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sannam S4, its affiliates, directors, employees, agents, contractors, and           licensors from any and all claims, liabilities, losses, damages, expenses, and costs (including reasonable legal fees) arising out of or related to:

• Your access to or use of the Services;
• Your violation of these Terms of Service or any applicable law;
• Your User Generated Content
• Your infringement or alleged infringement of any third-party rights, including intellectual property, privacy, or data protection rights.

12. Termination

• We may suspend or terminate your access to the Services at our discretion, with or without notice, including for:

• Violation of these Terms of Service;
• Legal or regulatory reasons;
• Security or operational concerns.
  • You may terminate your use of the Services at any time by discontinuing access.
  • Upon termination:
• All rights granted to you under these Terms of Service will cease;
• Clauses that, by their nature, are intended to survive termination shall continue to apply like indemnity, limitations of liability, and dispute resolution.

13. Jurisdiction-Specific Terms of Service

These Terms of Service are intended to comply with legal requirements across the following jurisdictions:

1. European Union & United Kingdom
   Users have data subject rights under GDPR/UK GDPR, including access, erasure, and objection.
2. United States
   Residents of California have additional rights under California Consumer Privacy.
   New York and other state laws may impose additional consumer protection obligations.
3. India
   Subject to the Indian Contract Act, 1872, and Information Technology Act, 2000.
   Personal data is processed in accordance with the Digital Personal Data Protection Act, 2023.
4. Vietnam
   Governed by the Personal Data Protection Law and the Civil Code of Vietnam and Decree No. 13/2023/ND-CP on Personal Data Protection.
   Users have data access, correction, and withdrawal rights.
5. Australia
   Subject to the Privacy Act 1988 and Australian Consumer Law.
6. Japan
   Governed by the Act on the Protection of Personal Information (APPI).
   Users may exercise access, correction, and deletion rights under Japanese law.

14. Governing Law and Dispute Resolution

• Unless otherwise required by applicable law:

• These Terms of Service shall be governed by the laws of India, without regard to its conflict of law provisions.
• Disputes shall be submitted to arbitration under the Arbitration and Conciliation Act, 1996, with seat in New Delhi, conducted in English.
• Any interim relief may be sought before the courts of New Delhi.
  • Any Jurisdiction-specific rights remain unaffected.

15. Data Protection and Privacy

Our collection, use, and sharing of your personal data is governed by our Privacy Notice, which is incorporated by reference into these Terms of Service. Jurisdiction-specific rights are respected and actionable by contacting our Data Protection Officer.

16. Artificial Intelligence and Automated Data Use Restrictions

You must not use, scrape, extract, copy, download, or otherwise exploit any content, data, materials, or information made available through Navi Japan or its related services for the purpose of training, developing, testing, or improving any artificial intelligence, machine learning, or other automated system. You must not use bots, crawlers, scrapers, scripts, or other automated means to access or extract such content or data. Any breach of this clause may result in immediate suspension or termination of your access

17.  Miscellaneous

• Entire Agreement: These Terms of Service constitute the complete agreement between you and Sannam S4 or Sannam S4 Acumen India Pvt Ltd regarding the Navi Japan platform and its Services.
• Severability: If any provision is found to be unenforceable, the remainder shall remain in force.
• Waiver: Our failure to enforce any right or provision under these Terms will not constitute a waiver of that right or provision.
• Force Majeure: We are not liable for delays or failure caused by events beyond our reasonable control, including natural disasters, strikes, cyberattacks, or governmental action.
• Assignment: You may not assign or transfer your rights without prior written consent. We may freely assign these Terms of Service.

18. Contact Information

For any questions, complaints, or legal notices, please contact us:
Email: dataprotection@sannams4.com