Apologies for the wall of factoids below. Maybe it will turn out to be useful for someone. :-)
aphasiac Wrote:All pure speculation. I'm sure he's thought carefully about the legalities of offering such a service.
What makes you sure? No one's sure. I find it hard to imagine someone would engage in this kind of business without setting themselves up properly (too easily noticed), but if the provisions below apply to SS, Khatzu doesn't seem to be paying much attention to the sales aspect.
Khatz is generous to offer a full refund for any reason, but I think he should improve his marketing and selling. As I said at the beginning of this thread, I think that would benefit both learners and Khatz. This is new, maybe he will.
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According to my friend Mr Google (ie. do not rely on this): :-)
Sending
unsolicited marketing emails in Japan is illegal unless recipients have opted in. Had all the people who received SS marketing emails opted in at some point? Hefty fines. (I didn't check the actual text to see if there are any exemptions or thresholds.)
There's a Japanese law which protects consumers in Japan in
continuous service contracts b/c they're required to prepay large sums and are at a bargaining disadvantage, have less information, cannot easily assessing the quality of future services, and have been subject to unfair cancellation policies and undue influence. Language schools, in particular, have a been a problem.
- Continuous service contract offers must provide certain info. There
must also be a contract which includes more detailed specified information. There are sanctions for failure to provide these.
- These sellers need to notify buyers of
mandatory cooling off periods. If they don't, the cooling off period extends and buyers can rescind the contract and get a full refund with no cancellation fees. So it's possible SS users in Japan could demand an immediate refund at any time.
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Language schools are required to allow termination part-way through and limits are set on cancellation fees. Buyers are entitled to rescind the contract for full repayment if they are not notified of their termination rights. If buyers terminate pursuant to this law, seller is required to refund funds immediately.
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Misleading advertising for continuous service contracts: the onus is on the seller to provide reasonable grounds to support any representations, if asked. There is no way Khatz could prove that in 18 months his buyers will be reading, writing and understanding whatever a high school students or professional can. The question, then, is whether or not what buyers are misled to believe about the service or its results is significantly (著しく) better than what it actually is or is achievable. I have no idea how they'd interpret 著しく here. If the difference is significant, there are penalties. A buyer would be entitled to a full refund immediately without any cancellation fees.
(Here's one eg: A company was penalized for exaggerating the number of pounds one could lose with an exercise machine advertised on TV. The difference was something like 8 vs 2 lbs, but it turns out the 8 lb losers (lol) were also dieting. )
- For prepaid service contracts over a certain amount (listed separately, didn't check), seller is required to keep certain
information about the business and its assets (at a registered business location) and buyers are entitled to access them.
There are various consumer agencies that buyers with question or problems in Japan can contact for
advice, mediation, arbitration, etc.
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Edited: 2011-09-04, 4:46 am