1. About

1.1 Ótimo New Zealand Ryugaku was founded to offer support services to students and individuals from Japan and Brazil who wish to study in New Zealand.  

1.2 These terms and conditions shall apply to Ótimo New Zealand’s Study Abroad Program (“the Program”), and the Study Abroad Student (“the Student”) who applies and is accepted into the Program.

1.3 The Student must submit his or her application and associated documents online at: otimonzryugaku@gmail.com

1.4 Definitions:

"Application" means your application for a place on one of our Programs, made by submitting your application form and whatever supporting evidence we require via Ótimo’s website.

“Application Fee” means NZ$750 which is payable when the Student submits his or her application online.

“Contract” means these Terms and Conditions, Japanese version of Terms and Conditions, Application Form, and Offer (subject to any terms and conditions imposed or required by the host educational institution or training facility or homestay provider located in New Zealand).

“Offer” means any letter of offer or letter of acceptance from Ótimo to the Student for a place on the Program (reference to ‘letter’ includes all forms of written correspondence from Ótimo to the Student).

“Ótimo and/or Ótimo New Zealand Ryugaku” means the business or business name used by DPJ New Zealand Limited.

“Program Fees” means the Support Service Charge by Ótimo, the relevant tuition fee or fees levied by the host educational institution or training facility or homestay provider located in New Zealand. Contact us for an estimate of Fees.

“Study Abroad Program” means the programs of study or training that we offer access to at our partner/host educational institutions or training facilities.

“Support Service Charge” includes;

(a) Contacting, negotiating and enrolling with the host educational institutions and training facilities;

(b) Advice for study abroad options;

(c) Pre-departure orientation (including online meeting);

(d) Homestay placement planning, arrangements and liaising with the homestay family and consultations (if necessary);

(e) Arranging enrolment to language schools, and liaising with language schools (if necessary);

(f) Auckland airport transfer (if required);

(g) Local orientation in Japanese including confirmation of the rules of the place of stay;

(h) Arranging interview/s with educational institution;

(i) Assistance with opening a local bank account (if necessary);

(j) Assist with changes to accommodation (if necessary);

(k) Assistance with making medical appointment and translation arrangements(if necessary).
 

2. Acceptance

2.1 The Student acknowledges that their acceptance and inclusion in the Program will only be confirmed once Ótimo has assessed and is satisfied with the Student’s application and once the Application Fee has been paid by the Student.

2.2 The Student shall promptly provide all information required by Ótimo and the host educational institution or training facility or homestay provider _____ as part of the application process.

2.3 The Student must be 3 years of age or older.

2.4 Ótimo reserves the right to decline any application if the Student fails to provide the requested information in a timely manner and/or if Ótimo (at its sole discretion) considers the Student would not be suitable for the Program.

 

3. Our Services

3.1 Ótimo will use its reasonable endeavours to ensure that the Study Abroad Program meets the description set out on Ótimo’s website and as contained in these Terms and Conditions.

3.2 The Student agrees that dates, modes and locations for the delivery of the Study Abroad Program may be subject to change from time to time, depending on the timetables, schedules and requirements of the relevant partner/host educational institution and/or the training facility which the Student wishes to attend.

3.3 Ótimo reserves the right to make changes, cancellations or substitutions to the Program for any reason, including, without limitation, insufficient enrolment, emergency or changed conditions or based upon other circumstances which may affect the Program.  If Ótimo deems it appropriate or necessary to make any such changes to the Program, the Student will be consulted as soon as possible.

 

4. Application & Program Fees/Costs

4.1 All fees and costs referred to in these terms and on Ótimo’s website are payable in New Zealand Dollars.

4.2 A non-refundable Application Fee is payable when the Student submits his or her online application.

4.3 The Student shall pay the relevant Program Fees to Ótimo in cleared funds no later than 3 weeks after the student received the acceptance notice.

4.4 Non-payment of the Application Fee and/or the Program Fees, on or before the due date (time being of the essence), shall entitle Ótimo to suspend or terminate the Student’s application and acceptance into the Program.

4.5 Payment of the Application and Program Fees can be made by credit card (PayPal) or bank transfer only.　 The Student is responsible for all / any additional payment associated fees.  Ótimo shall not bear any additional fees associated with payment.

4.6 The Student understands that he or she is responsible for payment of any expenses he or she incurs during the course of the Program, including telephone, travel, excursions, entertainment, etc.  The Student understands and agrees that it is his or her responsibility to have sufficient funds available for his or her maintenance while participating in the Program and also for transportation to his or her home country.

 

5. Visas

5.1 The Student will need to demonstrate prior to commencement of the Program that he or she has a valid immigration status to undertake the Program in New Zealand (i.e. the Student must have a valid visa which entitles him or her to live and study in New Zealand).

5.2 If the Student fails to demonstrate that he or she has a valid immigration status (i.e. a valid visa) then the Student will not be entitled to participate in the Study Abroad Program and Ótimo reserves the right to terminate the Program and associated contract, on written notice to the Student (without any liability to the Student whatsoever) and Ótimo shall not be responsible for any related or ancillary costs or losses incurred by the Student.

5.3 The Student is responsible at all times for ensuring he or she complies with the conditions of their visa and the Student shall inform Ótimo immediately of any changes to his or her immigration/visa status.

5.4 If the Student’s visa is suspended or revoked by Immigration New Zealand for any reason, Ótimo shall be entitled to notify the relevant educational institution or training facility and suspend or terminate the Study Abroad Program contract (without any liability to the Student whatsoever).

 

6. Insurances

6.1 The Student, at his or her cost, must obtain and maintain valid insurance covering accidents and health-related issues for the duration of the Program and stay in New Zealand. The Student is responsible for acquiring insurance before departure and the insurance must cover medical treatment whilst in New Zealand and travel back to his or her home country in case of illness or physical injury.  Upon request, the Student is obliged to provide proof of insurance to Ótimo or the relevant educational institution or training facility.
 

7. Student Cancelation/Withdrawal and Refund Policy

7.1 If the Student wishes to cancel or withdraw from the Program then the Student must submit a written cancellation/withdrawal letter to Ótimo.

7.2 The Application Fee is non-refundable.

7.3 Using the postmark, email or fax date of the Student’s cancellation/withdrawal letter as the official cancellation/withdrawal date (or next business day if this is a weekend), the following applies*:

1. When cancelling/withdrawing within 60 days of the start of the Program, 100% of the Program Fee is refunded.

2. When cancelling/withdrawing within 45 days of the start of the Program, only 50% of the Program Fee shall be refunded. If the Program Fee has not been paid 45 days prior to the Program start date, 50% of the Program Fee must be paid as a cancellation fee.

3. When cancelling/withdrawing within 25 days of the start of the Program, 20% of the Program Fee is refunded.

4. When cancelling/withdrawing within 15 days of the start of the Program, 0% of the Program Fee is refunded.

*Note: Ótimo’s Cancellation/Withdrawal and Refund Policy is subject to the respective cancellation and refund policies of each of Ótimo’s partner/host educational institutions and training facilities.  If the partner/host educational institution or training facility has a no refund policy, then Ótimo shall not be required to refund any part of the Program Fee.

7.4 Ótimo shall not refund any part of the Program Fee as the result of the Student’s:

1. late arrival to the Program; or

2. non-attendance of the Program; or

3. withdrawal from the Program after it has commenced.

​

8. Cancelation of a Program Prior to the Start of the Program

8.1 Subject to clause 8.2 below, should Ótimo cancel the Program prior to its commencement, for reasons beyond its control, including but not limited to, Acts of God, government actions (including those restricting travel), pandemics, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, terrorism, any strike or labour disturbance, or any other event similar to those enumerated in clause 15 below (a “Force Majeure Event”) participants will receive no refund.

8.2 In the event of cancellation, by the partner/host educational institution or training facility, prior to commencement of the Program, Ótimo will endeavour to obtain refunds from those providers and pass any recovered Program Fees on to the Student, however Ótimo provides no guarantee or warranty as to recovery of Program Fees; in each case the availability of refunds shall be subject to the refund policies of each partner/host educational institution or training facility.

 

9. Cancelation of a Program After the Start of the Program

9.1 Subject to clause 9.2 below, should Ótimo cancel the Program after its commencement, for reasons beyond its control, including but not limited to, Acts of God, government actions (including those restricting travel), pandemics, fire, flood, explosion, earthquake, or other natural forces, war, civil unrest, accident, terrorism, any strike or labour disturbance, or any other event similar to those enumerated in clause 15 below (a “Force Majeure Event”) participants will receive no refund.

9.2 In the event of cancellation, by the partner/host educational institution or training facility, after the commencement of the Program, Ótimo will endeavor to obtain refunds from those providers and pass any recovered Program Fees on to the Student, however Ótimo provides no guarantee or warranty as to recovery of Program Fees; in each case the availability of refunds shall be subject to the refund policies of each partner/host educational institution or training facility.

 

10. Student Responsibilities, Holidays and Absences

10.1 The Student shall undertake, to the best of their ability, to comply with all laws, rules and regulations as may apply in New Zealand and which may be required by the educational institutions and training facilities.

10.2 Ótimo reserves the right to expel the Student from the Program and cancel the contract as a result of the Student’s inappropriate behaviour. Examples of inappropriate behaviour that could result in the Student being required to leave the Program include continual poor attendance, disruptive behaviour, damage to educational institution and/or training facility property, failure to comply with relevant rules and regulations or any other behaviour deemed by Ótimo to be inappropriate. 

10.3 In the event that a Student is required to leave the Program under clause 8.1 or 8.2, no Program Fees or other monies paid to Ótimo or the partner/host educational institutions or training facilities in connection with or relating to that Student shall be refunded by Ótimo.

10.4 Usually no teaching is given during national or public holidays.

10.5 Absences from classes / training during the Program does not entitle the Student to a refund of any part of the Program Fees.

10.6 The Student undertakes:

(a) to behave responsibly and not to damage any property belonging to any of the partner/host educational institutions or training facilities or to any other person;

(b) fully to indemnify Ótimo against any loss or damage to the premises, furniture or other property of 1) the partner/host educational institutions or training facilities, or 2) of any other person, caused by the Student or ensuing as a reasonably foreseeable consequence of any act or omission of the Student and to indemnify Ótimo against any and all claims or costs in respect thereof;

(c) not to undertake any activity that may be liable (in the opinion of Ótimo) to bring Ótimo, or the partner/host educational institutions or training facilities into disrepute;

(d) to treat the facilities and the premises of the partner/host educational institutions or training facilities and all other persons with care and respect;

(e) not to commit any act which breaches the criminal law of, or infringes the civil rights of any other person under the laws of New Zealand;

(f) to follow all instructions communicated or otherwise published by or on behalf of the partner/host educational institutions or training facilities with respect to security, health and safety regulations, and personal and public safety;

10.7 Without prejudice to any other provision of these Terms and Conditions, the Student shall at all times indemnify and keep indemnified Ótimo against all expenses, costs, claims, damage and loss arising from or in connection with any act or omission of the Student.

 

11. Limitation of Liability

11.1 Ótimo will not be liable for any injury sustained by the Student which was caused by another student or by any person, or by any accident or event.

11.2 Ótimo will not be liable for any loss or damage to the Students’ personal property (including computer equipment and software), including any financial or other consequential loss where such loss or damage is a result of theft, fire, flood, computer virus or any cause. It is recommended that the Student insure personal property against such risk of loss and damage.

11.3 To the fullest extent permitted under the law of New Zealand, Ótimo excludes liability for any losses suffered by the Student as a result of circumstances beyond Ótimo’s reasonable control.

11.4 The Student is solely responsible for any damage he or she may cause during the course of the Program, including damage to housing or other property. 

11.5 The Student agrees to indemnify Ótimo and hold Ótimo harmless from and against all losses, liabilities, damages, costs and expenses (including legal fees and costs) suffered or incurred in connection with any claims, demands, actions or other proceedings made or brought by any third party against the Student and also in respect of the Student’s actions and behaviour during the Student’s attendance and participation in the Program.

11.6 Notwithstanding the above, Ótimo’s total liability, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising under or in connection to the Program, shall be limited to the Program Fees.

 

12. Marketing, Photography and Videos 

12.1 If requested, the Student agrees to participate in promotional activities undertaken by Ótimo.  Such activities include photography, videoing, recording and others.

12.2 These activities may be used for the production of promotional materials such as brochures, posters, websites, newsletters and marketing campaigns, as well as in social media posts.

12.3 The Student may opt out in advance by sending written notice to Ótimo.

 

13. Privacy Policy

13.1 Ótimo’s Privacy Policy for the Student, Parents, and Legal Guardians, and Student is available to view at https://www.otimo-ryugaku.com/プライバシーポリシー

 

14. No Waiver

No forbearance, failure or delay by either party in enforcing or partially enforcing any provision of these terms and conditions shall be construed as a waiver of the rights of that party hereunder. Any waiver by either party, as well as any breach of, or any default under, any provision of these terms and conditions, shall not be deemed a waiver of any subsequent breach or default, and shall in no way affect the other terms and conditions.

 

15. Force Majeure

Ótimo reserves the right to defer, delay or to cancel the Program / Contract if it is prevented from or delayed in providing the services and/or carrying on its business due to circumstances beyond the reasonable control of Ótimo, including but not limited to: Acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, restraints or delays affecting carriers, or  an inability or delay in obtaining supplies of adequate, suitable staff and/or materials.

 

16. Severability

If any provision featured in these terms and conditions (or part of any provision) is judged by any court or other body of competent jurisdiction to be illegal, invalid or unenforceable, the other provisions and the remainder of the illegal, invalid or unenforceable provision shall remain in full force and effect. 

 

17. Third Party Rights

Nothing featured in these Terms and Conditions or in the Application Form is intended to confer a benefit upon, or to be enforceable by, any person who is not a party to them.
 

18. Governing Law, Jurisdiction and Interpretation

18.1 The formation, existence, construction, performance, validity and all aspects of these terms and conditions shall be governed by and construed in accordance with the laws of New Zealand, and each party hereby submits to the exclusive jurisdiction of the courts of New Zealand.

18.2 In the event that the provisions of these Terms and Conditions conflict with or there is any inconsistency with：

(a) information on Ótimo’s website; or

(b) information contained in the Application Form; or

(c) Ótimo’s Offer; or

(d) the Japanese version of these Terms and Conditions;

- then the provisions of these (English) Terms and Conditions shall prevail.