The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to all services provided by The Passion Fashioned Presenter (“The Passion Fashioned Presenter,” “we,” “us,” or “our”) to you. By purchasing services from us you agree to this TOS.
- APPLICATION OF TERMS
1.2. This TOS, together with your Order, represent the entire agreement relating to the Services and supersedes any agreements previously entered into between you and The Passion Fashioned Presenter. Any other contract provisions presented by you are expressly rejected.
1.3. The current TOS is always available on The Passion Fashioned Presenter website. We may alter this TOS at any time with notification to you by email and by posting a notice in your User Area. If you do not agree to any changes, you must terminate your Services within ten business days of the date of the change. Only a The Passion Fashioned Presenter officer may alter this TOS. No agent of, or person employed by, or under contract with, The Passion Fashioned Presenter has any authority to alter or vary this TOS. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.
1.4. In this TOS we mention certain legal rights you have if you are a consumer. This TOS does not affect or change these legal rights.
- GENERAL TERMS AND CONDITIONS
2.1. You will conform to the standards and acceptable use policies of The Passion Fashioned Presenter which are set out in our AUP.
2.3. You will receive passwords to be used when you log into your User Area, and/or certain Services. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.
2.4. Certain aspects of the Services will only be licensed to you. These aspects may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.
2.5. The Services are provided to you as configured for our standard customer. We may update or upgrade the Services and/or any software at any time without prior notification to you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.
2.6. To the maximum extent applicable under national law and without affecting your rights as a consumer, the Services are provided on as-is basis. The software configurations may vary. The Passion Fashioned Presenter may use other software or third party applications to deliver content when deemed necessary by The Passion Fashioned Presenter. These differing configurations may result in slightly different performance from the Services.
2.7. The proprietary and third-party software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. You must agree to those terms to use the software. If you fail to do so, your ability to use the Service may be affected. Terms and conditions incorporated by reference are listed in the respective sections of this TOS.
2.8. We will use good faith efforts to ensure that third party services are widely compatible with most operating systems, hardware and software however ultimately it is the consumer’s responsibility to confirm these details when before purchasing. The Passion Fashioned Presenter reserves the right to change these services when deemed necessary for the provision of the service.
3.1. You may purchase Services from us in many different ways. For ease of reference, in this TOS the method you use to choose which Services to purchase is referred to as an “Order.” Each Order for Services by you shall be deemed to be an offer by you to buy the Services from us subject to this TOS. No Order shall be deemed to be accepted by us until we provision your account. The date on which we provide notice to you that the account is provisioned is the Effective Date of this Agreement. The Initial Term of the Services is set out on your Order (Initial Term).
3.2. You must be over the age of eighteen at the time you place your Order.
3.3. We will review all Orders to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). We might ask you for additional information before we can process your Order. You may receive notice that your Order has been rejected because it fails to pass our Fraud Screen. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. Orders that fail our Fraud Screen will not be accepted and Service will not be provided. We have no liability for Orders that are not processed because they have failed our Fraud Screen.
3.4. We are under no obligation to deliver any Services other than those identified in the Order.
- OWNERSHIP OF YOUR ACCOUNT
4.1. Your contact information is set out in the ‘My Courses’ section in the User Course Area.
4.2. If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and will indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to the End User and result in any claim against us.
4.3. For avoidance of doubt, the individual or entity set out in the Account Owner Information ‘My Courses’ section of the Course Area is considered by us to be the owner of the account and all associated services (Account Owner). If you are the Account Owner and are administering the account on behalf of a third party, you agree to administer this account in their best interests and indemnify us, pursuant to paragraph 11.2, should an individual or entity claim that they own the account, or its content, or that your administration has not, or is not, in their interest.
The individual or entity paying for the Services may not be considered to be the owner of the account. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
4.4. You are responsible for providing valid contact information and keeping your contact details up to date. If you fail to do so, The Passion Fashioned Presenter, accepts no liability in the event that it grants access to the account or gives ownership of the account to another person.
5.1. You are responsible for the charges set out on the Order, in the currency specified on the Order (Fees).
5.2. Invoices are due immediately upon receipt (Due Date). The Passion Fashioned Presenter, reserves the right to suspend the Services until payment is made. Time for payment is of the essence.
5.3. All Fees are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes and fees levied on the Services.
5.4. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date.
5.5. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company, prior to notifying us of a dispute, and initiate a “chargeback” based on this dispute, we will charge you for investigation and processing. This compensates us for the investigation your card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.
5.6. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. The Passion Fashioned Presenter, is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
5.7. We may return part of a pre-paid Fee as credit added to your account, unless a refund is required by law. The Passion Fashioned Presenter, amounts may only be used for future purchases and/or renewals of The Passion Fashioned Presenter, services. Unless we specify otherwise, The Passion Fashioned Presenter, amounts will expire if unused for more than twelve months. The Passion Fashioned Presenter, amounts cannot be refunded.
- TERMINATION & CANCELLATION
Either party may terminate this TOS upon written notice to the other if one party materially breaches any terms of this TOS and the breaching party fails to correct the breach within ten days following the other party’s written notice, or immediately, if the breach is incapable of cure.
6.1. Termination by The Passion Fashioned Presenter,
The Passion Fashioned Presenter, may terminate this TOS if (i) you fail to pay any sums due (including Fees) to The Passion Fashioned Presenter, as they are due; (ii) in The Passion Fashioned Presenter, reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support; (iii) The Passion Fashioned Presenter, determines in good faith that continued provision of the Service has become impractical or unfeasible for technical, legal, regulatory or any other material reason; or (iv) you violate this TOS or any agreement incorporated by reference.
We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of the Service available to us, or if providing them to you becomes cost prohibitive.
6.2. Termination by you
You may terminate the Services at any time by contacting The Passion Fashioned Presenter, (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you do not complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable as set out in our Money Back Guarantee.
- TECHNICAL SUPPORT
Our technical support is available for all current customers and is provided on an as-is, as available basis.
To the maximum extent applicable under national law and without affecting your rights as a consumer, all support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS. While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors. We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.
- INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
8.1. The Passion Fashioned Presenter, retains ownership of all intellectual property rights in the Services. The Passion Fashioned Presenter, grants to you a limited license to access and use the Services. All trademarks, product names and company names or logos used by The Passion Fashioned Presenter, are The Passion Fashioned Presenter, property or the property of their respective owners. No permission is given by The Passion Fashioned Presenter, to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner’s rights.
8.2. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all “Required Licenses.” “Required Licenses” means any licenses, consents or approvals required to use software, hardware and other items whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
- REPRESENTATIONS AND WARRANTIES
9.1. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND WITHOUT AFFECTING YOUR RIGHTS AS A CONSUMER, WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) IS PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.
- LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND YOUR RIGHTS AS A CONSUMER..
11.1. We shall compensate you fully and not counter-claim against you, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services infringe any issued patent or registered copyright. This provision is expressly limited to aspects of the Services which are fully owned by us. It does not extend to products or services provided by third parties even if incorporated into the Services. This paragraph will be conditioned on your notifying us promptly in writing of the claim and giving us full authority, information, and assistance for the defense and settlement of that claim. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (i) procure for you the right to continue using the Services; (ii) replace an individual component of the Services with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Services, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to us for the Service, or the Fee actually received by us from you for the three month period immediately preceding the occurrence of the event on which the indemnification claim is based. This shall be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued patent or registered copyright.
11.2. You agree to defend, compensate fully and not counter-claim against us, affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
- CERTAIN INFORMATION
12.1. Both you and The Passion Fashioned Presenter, undertake not to disclose to a third party any confidential information which you or The Passion Fashioned Presenter, receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other party’s business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other party, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.
12.2. Without prejudice to Paragraph 12.1., The Passion Fashioned Presenter, shall be entitled to mention your name as a client of The Passion Fashioned Presenter, and the name(s) of the Services which The Passion Fashioned Presenter, provides to you with your prior consent.
12.3. If a law or regulation compels disclosure of information held by us, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact the Account Owner. We are not required to respond to demands by you that we provide information about your account as part of litigation. However, if we agree to do so, we will charge you administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.
13.1. Any notice to be given by either party to the other may be sent by email, (i) to you, the Account Owner; or (ii) to us, as set out in paragraph 13.4.
13.2. You are required to provide notices to us about the Services through email. We will provide notices to you using the information you provide to us in the “My Courses” section of the Course Area. We have no responsibility for misdirected notices based on your failure to provide correct information.
13.3. Termination notices must be provided to us as set out in paragraph 6.
13.4. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us as follows:
The Passion Fashioned Presenter
469 Imadate, Kasaoka
Okayama, Japan 714-0022
Email: [email protected]
- RESOLUTION OF DISPUTES AND CHOICE OF LAW
14.1. Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section.
14.2. In the event of a dispute between the parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at the “C” level or above. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honored.
14.3. The parties agree that the courts of Japan shall have non-exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties. All disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties shall be governed by the laws of Japan.
“Consumer” is an individual acting for purposes wholly or mainly outside of his or her trade, business, craft or profession;
“End User” is the individual or entity who uses, or to whom you provide, your services;
“Materials” means any information, reports, documents, software or other materials created by The Passion Fashioned Presenter, as part of the Services, including all methodologies, know-how and processes used to do so;
“Service” or “Services” means any and all services provided by The Passion Fashioned Presenter, under this TOS including, without limitation, online courses, executive coaching, paid speaking events, and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages);
“The Passion Fashioned Presenter,” means the entity delivering the Services to you as set out on the Legal page on this Website
“Course” means the paid courses for purchase;
“Term” means the prepaid period during which you receive Services from The Passion Fashioned Presenter,;
“Course Area” means the part of the The Passion Fashioned Presenter, website from which you can access your services and to which you are given login credentials at the start of your Initial Term; and
“You” and “your” mean the person, firm or company who purchases Services from The Passion Fashioned Presenter,
16.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
16.2. Your rights and obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
16.3. The Passion Fashioned Presenter, reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
16.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than ten days from the beginning of the event.
16.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
16.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
16.7. This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
16.8 SURVIVAL. Paragraphs 2.5, 2.10, 9.2, 10, 11, 12 (for a period of three years following Termination), 13, 14, 15, 16.1, 16.8, Section A shall survive the termination of this TOS.
Section A – Money Back Guarantee
Our 30 day Money Back Guarantee gives you peace of mind that our Services will meet the expectations set out in the TOS. To the maximum extent applicable under national law and without affecting your rights as a consumer, the Money Back Guarantee is your sole and exclusive remedy should our Services fail to meet the expectations set out in this TOS.
The following conditions apply to our Money Back Guarantee:
- Service Termination requests must be sent via email to [email protected].com;
- Initial orders are covered within thirty days from the day we activate the Service(s);