SCHOLE Training Course Terms
SCHOLE Corporation (hereinafter, “the Company”) has established the SCHOLE Training Course Terms (hereinafter, “these terms”) for the provision of the Business Management Game Training Course (hereinafter, “the training course”).
Section 1 (Purpose)
The purpose of these terms is to establish the necessary terms and conditions for application for the training course and use thereof by subscribers (as defined in Section 2) upon agreement to these terms. In the event a separate contract establishes provisions which conflict with these terms, the provisions of the separate contract shall supersede these terms.
Section 2 (Definitions)
The definitions of the terminology used in these terms are as follows.
(1)“Applicant” refers to the individual who wishes to access the training course.
(2)“Subscriber” refers to an individual who has signed a training contract with the Company as prescribed in the following section.
(3)“Participants” refers to individuals approved as users of the training course by the contractor.
(4)“Subscriber, et al.” refers to the applicants and subscriber collectively.
Section 3 (Formation of Contracts)
The applicant shall apply for the training course via the application form prescribed by the Company (hereinafter, “application form”). When the Company receives an application form, a contract will be formed between the Company and the applicant regarding the administration of the training (hereinafter, “training contract”) in accordance with the terms and conditions established in application form and these terms.
Section 4 (Contract Term)
1.The term of the training contract shall be established in the application form, and shall conclude upon completion of performance of the training course except when separate provisions are established in the application form.
2.Furthermore, the provisions of Section 9 (Disclaimer), Section 10 (Intellectual Property), Section 11 (Prohibited Activities), Section 12 (Confidentiality), Section 13 (Information Handling), Section 15 (Compensation for Damages), Section 15 (Transfer of Rights), and Section 17 (Amendment of the Terms) shall remain in force even after termination of the training contract, regardless of the reason for termination.
Section 5 (Notification of Changes)
The subscriber shall be promptly notified by the Company in the event any changes occur in the details listed in the application form (including but not limited to the trade name, representative name, contact information, and expected number of participants).
Section 6 (Training Fees)
1.The subscriber shall pay the training fees prescribed in the application.
2.The subscriber shall pay the Company training fees and sales tax, etc., via the means separately established between the Company and the subscriber. Additionally, the subscriber shall bear the cost of bank transfers and other costs required for payment.
3.In case of cancellation less than one week prior to the training date after the application has been signed, 100% of the cost will be borne by the applicant.
4.If the number of participants decreases two weeks before the training date after the training application is concluded, the cost will be borne by the number of participants at the time of the application.
5.
Section 7 (Training Format)
In the event of incidents beyond the reasonable control of the Company, such as natural disasters, earthquakes, war, civil unrest, terrorism, epidemic infectious diseases, or the acts of government agencies and other public authorities, the Company may suspend the training course or alter its format at its own discretion, and shall assume no liability for any damages incurred by the subscriber due to such measures.
Section 8 (Subcontracting)
The Company may subcontract the duties associated with providing the training course, including those of the training course instructor, to a third party wholly or in part, without obtaining the consent of the subscriber.
Section 9 (Disclaimer)
The Company does not guarantee and assumes no liability regarding the training course’s utility, currentness, or suitability for the subscriber’s purposes.
Section 10 (Intellectual Property)
1.All copyrights, knowledge, and other rights associated with the content and materials used or provided by the Company in the training course belong to the Company, and the subscriber may not access, use, or reuse this content, etc., without the written permission of the Company.
2.The copyrights, patent rights, and other intellectual property rights associated with materials or deliverables, etc., created in association with the training course shall belong to the Company.
3.The subscriber may not use trademarks, etc., owned by the Company without the permission of the Company.
Section 11 (Prohibited Activities)
The subscriber shall not engage in any of the following activities in connection with the training course, and participants shall be duly notified and instructed not to engage in the following activities.
(1)Use of the training course under the identity of another individual
(2)Creation of audio or video recordings of the training course without the written permission of the Company
(3)When audio or video recordings of the training course have been made with the permission of the Company, use of the audio or video recordings by the subscriber outside of their company, and their provision to third parties
(4)Causing damages to the Company via libel, defamation, or invasion of privacy, etc.
(5)Infringement on the copyrights, trademarks, or other intellectual property rights of the Company
(6)Reproduction or adaptation, etc., of the content, programs, or products, etc., used in the training course
Section 12 (Confidentiality)
The Company and the subscriber shall maintain the strict confidentiality of all business, technical, and other information regarding the subscriber obtained in connection with the training course, and shall not disclose or leak it to third parties, or use it for purposes other than administration of the training course, etc.
Section 13 (Information Handling)
1.The subscriber agrees to use the training program in accordance with the SCHOLE Privacy Policy.
2.When in possession of documents, drawings, data, or other materials provided by the Company, the subscriber shall store them with the due care of a diligent manager, and shall not provide them to a third party without the permission of the Company even after the conclusion of the training course.
3.Notwithstanding the provisions of Section 12, the Company may use information about the subscriber, etc., acquired in connection with the training course internally in order to maintain, improve, and develop Company services.
4.Notwithstanding the provisions of Section 12, after anonymization of the subscriber and participants, the Company may publish the fact that the training course was performed, an overview of the training course, the number of participants, and feedback from participants, etc., on the Company website, etc.
5.Notwithstanding the provisions of Section 12, the Company may process all information obtained via the training course into statistical information which it may utilize and provide to third parties.
Section 14 (Representations and Warranties)
1.The Company and the subscriber represent and warrant that they do not currently fall under any of following classifications, and that they shall not in the future.
(1) An organized crime group, organized crime group member, organized crime group associate, or organized
crime-affiliated company
(2) A corporate racketeer, political racketeering organization, or organized crime group specialized in intellectual crimes
(3) Any other entity materially similar to the above
2.Furthermore, the Company and the subscriber represent and warrant that they shall not engage in the following activities directly or through the use of a third party.
(1) Making demands through violent means
(2) Making unreasonable demands beyond the limits of legal liability
(3) Using threatening speech and behavior, or violence in connection with business dealings
(4) Spreading rumors, using fraudulent means or intimidation to discredit the counterparty, or interfering with
the operations of the counterparty
(5) Any other activities materially similar to any of the above
3.In the event the Company or the subscriber is classified as any of the entities in Paragraph 1 of this section or engages in any of the activities listed in Paragraph 2 of this section, the training contract and all other contracts formed between the Company and the subscriber may be immediately terminated by the counterparty without notice via informing the violating party in writing, and they may also claim compensation for damages in accordance with the following section.
Section 15 (Compensation for Damages)
1.When the subscriber violates these terms, or causes damages to the Company in connection with the training course, the subscriber shall be required to pay compensation for any damages or costs, etc., incurred by the Company (including legal fees).
2.When the Company receives a claim, grievance, or demand, etc., from a third party regarding the training course, regardless of whether the subscriber has complied with these terms, the subscriber shall be responsible for resolving the issue at their own expense, and shall pay compensation for any damages or costs, etc., incurred by the Company, except in cases caused by reasons solely attributable to the Company.
3.当社は、法令等に別段の定めがある場合において、契約者等に損害が生じた場合であっても、 当社の故意又は重大な過失がない限り、一切の責任を負わないものとします。また、当社が責任を負う場合であっても、当社が契約者等から損害の発生した日までの1年間に、当社が受領した本研修の対価の合計額を上限とします。
Section 16 (Transfer of Rights)
In the event of succession to the business associated with the training course by a third party due to business transfer or other grounds, concurrently to the succession to said business, the status under the training contract, rights and obligations based on the training contract, subscriber registration information, and other subscriber information may be transferred to the successor to said business, and the subscriber shall be considered to have provided advance consent for the associated transfer.,
Section 17 (Amendment of the Agreement)
1.When the Company has determined that amendment of these terms is necessary and there are reasonable grounds for the amendments, the Company may amend these terms in accordance with the provisions of the Civil Code.
2.The Company shall notify the subscriber of changes to these terms via posting them on the Company website or other appropriate means. When making said notification, the amended contents of these terms and the effective date of said amendments shall be clearly specified, and the amended terms of use shall be applicable as of said effective date.
Section 18 (Governing Law and Jurisdiction)
This contract is governed by Japanese law, and shall be interpreted in accordance with Japanese law. The Company and the subscriber agree that the Tokyo District Court or the Tokyo Summary Court will have exclusive jurisdiction in the first instance over all disputes which occur regarding or arising from this contract.