1. ACCESS TO AND USE OF THE WEBSITE
The following general terms and conditions (“Terms and Conditions”) apply to the internet users (“Users”) that access and use the website (“Website”) owned by Sensei Club Ltd., a company registered in Bulgaria with registered office at 4 Pishtigovsko Shose St., Saedinenie, Bulgaria, 4190, with registered VAT number BG202454110 (“Sensei Club”, “we,” and/or “us”).
Definition of User - a person who accesses, navigates, uses or participates in the services and activities of the Website.
The access and navigation of a User through the Website implies the unreserved acceptance of these Terms and Conditions.
Sensei Club will make available through its Website booking of training Courses (as defined below) to be provided by Sensei Club. If each user wants to book any of the Courses, he or she shall fill out the relevant booking form on the Website (the “Booking Form”).
Sensei Club can offer through the Website services that may be subject to specific conditions in which case each user will be informed.
2. USE OF THE WEBSITE
Each User agrees to use the Website, content and services in accordance with the Law, these Terms and Conditions, good customs and public order. Likewise, each User agrees not to use the Website or the services provided through it, for unlawful purposes or effects or contrary to these Terms and Conditions, detrimental to the interests or rights of third parties.
Each User expressly agrees not to damage, disable or impair the Website or its services, prevent normal enjoyment of it by other Users or destroy, alter, disable or, in any other way, damage data, programs, electronic documents or other materials of the Website.
Each User undertakes not to hinder access to other Users to the access service by mass consumption of computer resources through which Sensei Club provides the Service, as well as not to perform actions that could damage, interrupt or generate errors in said systems or services. Each user undertakes not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any type of alteration in the computer systems of Sensei Club or third parties.
If for any reason, a User is asked to provide personal data in order to gain access to some services on the Website, the provisions of the Data Protection section of these Terms and Conditions will apply to its collection and processing.
3. BINDING AGREEMENT.
These Terms and Conditions constitute a legally binding agreement between you and Sensei Club, and its affiliates and subsidiaries. Please read these Terms and Conditions carefully before using the Website or Sensei Club’s Services (as defined below). By using the Sensei Club’s Services, you: (1) acknowledge that you have read and understand these Terms and Conditions; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement, or, if you are under 18 years of age, you represent and confirm that you have the legal consent of your parent or guardian to access and use the Sensei Club Services; (3) confirm that if you book a Course on behalf of a business entity, you have the necessary legal authority and capacity to do so as an authorised agent of the business entity and that you have the authority to bind the business entity in legal agreements and contracts; and (4) accept these Terms and Conditions and agree that you are legally bound by them. If you do not agree to these Terms and Conditions, do not use the Website or any of the Sensei Club Services. The use of the Website or any of the Sensei Club Services (including the Courses) implies your agreement to be bound by these Terms and Conditions.
Sensei Club, at its sole discretion, reserves the right to revise and update these Terms and Conditions at any time, wholly or partially, by publishing an updated version. You should visit this page periodically to review the most recent Terms and Conditions, as you are bound by them. Your continued use of the Sensei Club’s Service after a change to these Terms and Conditions constitutes your binding acceptance of the latter. The terms “post” and “posting,” as used herein, shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Sensei Club’s Services.
4. SENSEI CLUB SERVICE.
The Sensei Club Service (“Sensei Club Service”) shall mean and refer to the Website, as well as all associated software, applications, and all other services under Sensei Club’s control, whether in part or otherwise, used in connection with the services provided by Sensei Club. Sensei Club’s Service provides an online platform that enables you to view information about classes, courses, workshops, and other education programs and events offered by Sensei Club online and through connected devices, as well as to book face-to-face training courses (collectively, “Courses”) and other services. Some services are provided by third parties; these are clearly indicated, and Sensei Club cannot be held liable for them.
Sensei Club Services include all content made available during a Course. Together with our members, thought leaders, and seasoned practitioners (collectively, “Trainers”), Sensei Club offers Courses focused on different practices. The Sensei Club Service will also enable the community of Users of the Sensei Club Service to engage in discussions and communication with one another, including Trainers and recruiters.
5. ACCOUNT CREATION AND USE BY AN AGENT.
If you create an account and use the Sensei Club Service on behalf of a business entity (e.g., corporation), you confirm that you have the necessary legal authority and capacity to do so as an authorised agent of the business entity. You also confirm that you have the authority to bind the business entity in legal agreements and contracts. You represent and warrant that the information you provide to Sensei Club upon registration, and at all other times, will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
If you create an account, you are fully and solely responsible for: (1) your log-in credentials; (2) keeping your log-in credentials secure, confidential and accurate; and (3) any activity resulting from the use of your log-in credentials on the Sensei Club Service.
Furthermore, you are responsible for maintaining the confidentiality of your log in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised, or if you suspect unauthorized use of your account. You agree that Sensei Club will not be liable for any loss or damage arising from unauthorized use of your credentials.
We do not accept transfers of subscriptions, transfers of services already purchased or transfers of accounts. Therefore, you may not purchase, sell, barter, or trade any subscription, or offer to purchase, sell or trade a subscription. Any such attempted transfer will be null and void.
6. ENROLLMENT IN A COURSE.
You may enroll in a Course through the Website. However, we cannot guarantee the availability of any Course. We may alter, suspend, discontinue or subcontract the Courses and other Sensei Club Services in whole or in part, at any time and for any reason, without notice. The Courses and Sensei Club Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Sensei Club may feature a Course or a Trainer, but this is neither to be considered as a recommendation of a Course or Trainer, nor as a representation about the quality of any Courses or Trainers. Sensei Club does not guarantee the availability of specific Trainers for any class. Sensei Club reserves the right to change Trainers, without notice, at any time and for any reason.
7. MESSAGING SERVICES, CHAT ROOMS AND BLOG POSTS.
You may be able to engage in online chat sessions with other Users, including Trainers. You should exercise caution, good sense, and sound judgment when submitting messages to be posted in a chat room. Sensei Club makes no representations and warranties with respect to the confidentiality of any posts you make through the Sensei Club Service. You are solely responsible for any comments or materials you post in a chat room, and assume all liability arising from a post. Sensei Club expressly disclaims all liability regarding such posts. If any legal action is taken against Sensei Club as a result of any of your actions, you explicitly agree to indemnify Sensei Club for all costs incurred in the defence of Sensei Club.
In connection with the content that you may post to the Website, you further agree that you will not:
● submit material that is protected by copyright, trade secret or otherwise subject to third-party proprietary rights, including by privacy and publicity rights that you do not own or have permission from their rightful owner to post the material and to grant us all of the licence rights granted herein;
● publish falsehoods or misrepresentations that could be detrimental to Sensei Club or to any third party;
● submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, breach any law, or is otherwise inappropriate;
● post advertisements or business solicitations; or
● impersonate another person.
The Sensei Club Service contains content from Users and other Sensei Club licensors. Except as provided in these Terms and Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Sensei Club Service.
8. INFORMATION YOU PROVIDE TO TRAINERS.
Your Trainers may ask for certain information from you, such as your email address, in order to facilitate the provision of the Course. Trainers are required to use this information only to communicate about Course materials in a professional manner. However, you agree that Sensei Club is not responsible for any use of this information by a Trainer for other purposes, and we disclaim all liability for any action arising from said other purpose by a Trainer.
9. THIRD-PARTY SERVICES.
The Website may include links to other websites or applications (“Third-party Websites”). Sensei Club does not control or endorse any such Third-Party Websites. The use of any such Third-Party Websites is at each user’s own risk. Sensei Club is not responsible for the availability or content of such Third-Party Websites, nor do we guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity and validity of any material or information contained in the head of hyperlinks or other places on the Internet. These links are provided only to inform each user about the existence of other sources of information on a specific topic, and the inclusion of a link does not imply the approval of the linked website by Sensei Club.
10. SOCIAL SIGN-ON.
The Sensei Club Service may allow you to register and log in using the sign-on functionality provided by various social or professional networks. You agree to abide by the social network’s terms and conditions applicable to you. You are solely responsible for any and all compliance with said social network’s terms, or for any privacy issues that may arise as a result of said functionality and assume all liability for any action arising from said use.
11. FEATURING YOUR STUDENT WORK.
With your permission, we may promote Sensei Club using the work that you completed as part of a Course (“Student Work”), and you grant Sensei Club a nonexclusive licence to use your name, along with your Student Work, in any and all media, in connection with Sensei Club’s promotional efforts. Our use will be primarily focused on promoting Sensei Club, but Sensei Club reserves the right to use said Student Work as deemed reasonable by us. Sensei Club will include your name and attribute the Student Work to you. You can also request that your personal information be anonymised.
12. PAYMENTS & COURSES.
Sensei Club may charge you attendance fees for a Course, the amount of which may be revised by Sensei Club from time to time and vary from region to region and topic to topic, at Sensei Club’s sole discretion. You agree to pay for all products and services that you purchase through the Website or by telephone, and you agree that we may charge your selected payment method, either directly or through the services of a third-party Payment Processor, for any such payments. Only those payment methods accepted by our third-party Payment processor may be used to purchase products, goods or services through the Sensei Club Service.
13. THIRD-PARTY PAYMENT PROCESSORS.
Sensei Club currently uses third-party payment processors for electronic commerce. Our third-party Payment Processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal. Information that you provide to our Payment Processors is not stored by us or within our control and is subject to each of our third-party Payment Processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments. Sensei Club is in no way responsible for any fees charged by them. Sensei Club expressly disclaims all liability or responsibility regarding any problems that you may have with third-party payment processors.
14. AVAILABILITY OF CERTAIN PAYMENT METHODS.
Sensei Club makes no representations and warranties about the continuing availability of any particular payment method made available for use with the Sensei Club Service.
When you provide us with a credit card number to activate and/or pay for any fees related to Sensei Club, we, through our third-party payment processor, may seek pre-authorisation of your credit card account prior to a purchase in order to verify that the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorisations will reduce your available balance by the authorisation amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorisation amount will be removed from your statement.
16. RECURRING PAYMENT PROGRAM.
Sensei Club offers a recurring payment programme, which allows you to pay the balance owed for courses in instalments. You agree to enrol in this programme by selecting any of the instalment plan payment options. By enrolling in this plan, you have authorised us to charge your checking/savings account, or credit card, for the amount and at the intervals established by us. You can cancel your enrolment in our recurring payment programme by notifying us in writing of your intent to rescind the authorisation, at least 15 days prior to the next billing date. To cancel, please notify us in writing at email@example.com. You are liable for all recurring charges made prior to the effective date of cancellation.
17. DISPUTED CHARGES.
You agree to submit any disputes regarding any charge to your account in writing to Sensei Club within thirty (30) days of said charge, or your dispute is waived and said charge will be final and not subject to challenge. You may dispute a charge by sending an email to us at firstname.lastname@example.org “DISPUTE” referred to in the subject line.
18. TUITION AND FEES.
The relevant Booking Forms will indicate the amount to be paid for each specific Course.
We reserve the right to change prices at any time.
Course fees may vary depending geographical location, dates, as well as days of the week.
19. MULTIPLE COURSES (BUNDLE).
If you sign up for a multiple course package and withdraw from one or more courses, your tuition will be amended to reflect the tuition fee for that number of courses.
20. TIME FRAME:
You must complete all courses within 12 months from the initial date of payment.
If you sign up for a multiple course package, you may reschedule to another course if your course has not started, provided that you submit the request at least two (2) weeks in advance and there is space in the requested cohort. No reschedules are allowed within two weeks of the class start date. All reschedules are final.
22. CANCELLATION AND REFUNDS.
We reserve the right to cancel, curtail or re-schedule the Courses, in which case we shall make all reasonable efforts to notify you. In the event of cancellation, we shall refund the fees that you have already paid in advance in relation to the cancelled Course. You may cancel your booking at any time by giving notice by phone or email at: +359 2 996 44 78 or email@example.com. Please provide your name, home address, order details and, where available, your phone number and email address.
If you cancel your booking no later than fourteen (14) days before the beginning of the Course we will refund you the Course fee. If you sign up for a multiple course package and withdraw from one or more courses, your tuition will be modified to reflect the tuition fee for that number of courses.
We will make any refunds due to you under this clause within thirty (30) days of your booking cancellation request.
Sensei Club’s cancellation, withdrawal, and refund policies may vary by country. Please review the following general policy, as well as the applicable country-specific policy for your location, if any. In the event there is any discrepancy between the general policy and the country-specific policy, the country-specific policy will prevail.
Sensei Club may amend its refund policy at any time, with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to said purchase despite any subsequent amendment to said policy.
23. PAYMENT METHOD.
Course fees (exclusive of VAT) are indicated on the relevant Booking Form for each Course.
If the VAT rate changes between your booking date and the date we provide the Courses, we will adjust the applicable VAT rate, unless you have already paid for the product in full before the change in VAT rate takes effect.
24. ELECTRONIC NOTICES.
By using the Sensei Club Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sensei Club Service.
25. FREE TRIALS.
26. INTELLECTUAL PROPERTY. ALL RIGHTS RESERVED
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Website and all content (including all applications) located on the Website shall remain vested in Sensei Club or its licensors. Users may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for their own personal, non-commercial use (the use of Course materials by a student enrolled in a Course for the development of a business, venture, or idea of which the enrolled student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy). As a User you also agree not to adapt, alter or create a derivative work from any Website content except for your own personal, non-commercial use. Any other use of the Website content requires the prior written permission of Sensei Club.
The names, images and logos identifying Sensei Club or third parties and their products and services are subject to the copyright, design rights and trademarks belonging to Sensei Club and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any licence or right to use any trade mark, design right or copyright belonging to Sensei Club or any other third party.
27. LICENSE GRANTED.
We hereby authorise you, subject to these Terms and Conditions, a limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide licence to access and use the Sensei Club Service and Sensei Club content solely for the use of Sensei Club’s Services, at our discretion. Any other use is expressly prohibited. We may revoke this licence is revocable at any time without notice and with or without cause. Unauthorized use of Sensei Club content may infringe copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must keep all copyright, trademarks, service marks, and other proprietary notices contained in the original Sensei Club content on any copy that you make of the Sensei Club content in accordance with these Terms and Conditions. You agree that you will use the Sensei Club Services in compliance with all applicable local, state, federal or international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
No Sensei Club content, or other material made available on or through the Sensei Club Service, may be copied, reproduced, republished, uploaded, posted, transmitted, or otherwise distributed in any way without the written permission of the copyright owner unless said content is specifically made available for and authorised to be downloaded from the Sensei Club Service, in which case you are authorised to download a single copy of said materials for your own personal, non-commercial use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other Users of the Sensei Club Service. Materials not made available for download may not be downloaded or otherwise copied without prior written permission. Modification of materials obtained from the Sensei Club Service, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is an infringement of the copyrights and other proprietary rights of Sensei Club or its licensors, unless you have obtained express written authorisation to the contrary.
28. ADDITIONAL LICENSES.
Certain materials made available for download from or through the Sensei Club Service may be subject to additional or different licence terms and conditions. Any such terms and conditions shall be identified in advance for said materials, and by downloading any materials governed by any other licence terms and conditions, you hereby agree to be bound by and comply with said terms and conditions.
29. INTELLECTUAL PROPERTY RIGHTS AND OUR LICENSE TO USE.
You, or the people who allow you to use their content, own all of the content you post using the Sensei Club Service. However, by posting content to the Sensei Club Service, you are granting us a licence to use your content for any purpose, including in our marketing materials. We may also modify your content, without prior approval from you, to make it more suitable to the Sensei Club Service. It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.
30. SENSEI CLUB’S USE OF YOUR USER CONTENT.
If you are a Trainer, the licence granted above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) and that you post on the Sensei Club Course pages of the platforms that Sensei Club uses.
31. YOU ACQUIRE NO OWNERSHIP OF OTHERS’ CONTENT.
You understand and agree that you will not obtain, through use of the Sensei Club Service, any right, title, or interest (including intellectual property rights) in content delivered via the Sensei Club Service.
32. MEDIA AUTHORIZATION
You authorise Sensei Club to record you via video tape, video camera, film, photograph or any other medium, now or hereafter existing, and to record your voice, conversation and sounds, including any acts, performances and quotes by you (collectively, the “Recordings”) during your training. You grant Sensei Club the irrevocable right and licence to use, and to licence others to use, your name and biographical material concerning yourself, and all rights in and to the Recordings, without additional compensation to you, in any manner or medium, whether now known or hereafter developed, throughout the universe and for an unlimited number of times in perpetuity, in connection with the promotion, advertising, sale, publicizing and exploitation of any products, services or programs of Sensei Club or for any other commercial purposes in furtherance of Sensei Club’s business. You waive any right of inspection or approval of the Recording or the uses to which said Recordings may be put. You acknowledge that Sensei Club will rely on this permission and may incur substantial costs thereby, and you hereby agree not to assert any claim of any nature whatsoever against anyone in relation to the exercise of the rights and permissions granted hereunder.
33. DATA PROTECTION
Sensei Club adopts the necessary technical and organizational measures to guarantee the protection of personal data and to avoid its alteration, loss, treatment and / or unauthorized access, taking into account the state of the art, the nature of the stored data and the risks to which they are exposed, all in accordance with the provisions of EU General Data Protection Regulation (GDPR) 2016/679.
Each User may send his or her personal data to Sensei Club using the various forms that appear on the Website for that purpose. These forms incorporate a legal text on the protection of personal data that complies with the requirements established in the EU General Data Protection Regulation (GDPR) 2016/679.
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification in writing to our Copyright Agent setting out full details of your concerns at the address below:
For clarity, only notices submitted in accordance with this sub-clause and notices relating to complaints in connection with User content or breaches of these Terms and Conditions should be sent to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to our regular support contacts as identified herein.
35. SUGGESTIONS AND SUBMISSIONS.
We appreciate hearing from our Users and welcome your comments regarding the Sensei Club Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”), we shall: (1) own, exclusively, all now known or later discovered rights to the Creative Ideas; (2) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and (3) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
36. USER CONTENT DISCLAIMERS, LIMITATIONS, AND PROHIBITIONS.
You are responsible for your actions when using and relying on the Sensei Club Service or content available on the Sensei Club Service, and you are liable for any consequences thereof. We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by Users (“User Content”). You accept that any reliance on material posted by other Users or third-party service providers will be at your own risk. By using the Sensei Club Service, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We have no special relationship with or fiduciary duty to you.
You expressly acknowledge and agree that Sensei Club is solely responsible for Your User Content on the Sensei Club Service. Sensei Club does not endorse, nor is it responsible for, any User Content on the Sensei Club Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability, and you agree that you are solely liable for any consequence that may arise from the posting of Your User Content through the Sensei Club Service. You may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
DO NOT MISUSE THE SENSEI CLUB SERVICE OR TRY TO BREACH, STEAL OR USE THE SENSEI CLUB SERVICE TO POST UNLAWFUL OR HARMFUL CONTENT. You agree to use the Sensei Club Service only for its intended purpose. You must use the Sensei Club Service in compliance with all privacy laws, data protection laws, intellectual property laws, and other applicable laws. The following uses of the Sensei Club Service are prohibited. You may not, including but not limited to: attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Sensei Club Service, User accounts, or the technology and equipment supporting the Sensei Club Service; frame or link to the Sensei Club Service without permission; use data mining, robots, or other data gathering devices on or through the Sensei Club Service; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable or offensive material; sell, transfer, or assign any of your rights to use the Sensei Club Service to a third party without our express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms and Conditions; use the Sensei Club Service without our consent after your account has been terminated; use the Sensei Club Service in an illegal way or to commit an illegal act in relation to the Sensei Club Service or that otherwise results in fines, penalties, and other liability to Sensei Club or others; or access the Sensei Club Service from a jurisdiction where it is illegal or unauthorized. We reserve the right, but shall have no obligation, to investigate your use of the Sensei Club Service in order to determine whether a breach of these Terms and Conditions has occurred, or to comply with any applicable law, regulation, legal process, or governmental request, and take all appropriate action, at our sole discretion.
37. CONSEQUENCES OF BREACHING THESE TERMS AND CONDITIONS
We reserve the right to suspend or terminate your account and prevent access to the Sensei Club Service for any reason, at our discretion. We reserve the right of refusal to provide the Sensei Club Service to you in the future.
Sensei Club may review and remove any of Your User Content at any time for any reason, including activity which, in our sole judgment: is in breach of these Terms and Conditions; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or infringes the rights of, or harms or threatens the safety of, Users of the Sensei Club Service.
You are liable for any claims, fees, fines, penalties, and other liability incurred by us or others that may be caused by or arise from your breach of these Terms and Conditions and your use of the Sensei Club Service.
38. SENSEI CLUB’S LIABILITY.
We are not liable for the actions of our Users when they use the Sensei Club Service. We may also change the Sensei Club Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Sensei Club Service or other websites.
39. USER DISPUTES.
We are not responsible for any disputes or disagreements between you and any third party you interact with while or after using the Sensei Club Service. You assume all risks associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Sensei Club of all claims, demands, and damages in disputes among Users of the Sensei Club Service. You also agree not to involve us in said disputes. Use caution and common sense when using the Sensei Club Service.
40. CONTENT ACCURACY.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Sensei Club Service (including the content of the Courses). Likewise, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Sensei Club Service. Use the Sensei Club Service at your own risk.
We make no promises and disclaim all liability for specific results from the use of the Sensei Club Service.
41. DISCLAIMER OF WARRANTIES.
Definition of Released Parties:“Released Parties” include Sensei Club and its affiliates, officers, employees, agents, service providers, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SENSEI CLUB SERVICE IS AT YOUR SOLE RISK, AND THE SENSEI CLUB SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES REGARDING PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SENSEI CLUB SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY TO A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(B) THE RELEASED PARTIES MAKE NO WARRANTY THAT:
(i) THE SENSEI CLUB SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SENSEI CLUB SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SENSEI CLUB SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SENSEI CLUB SERVICE WILL MEET YOUR EXPECTATIONS AND,
(v) ANY ERRORS IN THE SENSEI CLUB SERVICE WILL BE CORRECTED.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SENSEI CLUB SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
42. LIMITATION OF SENSEI CLUB LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU, OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SENSEI CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SAID DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SENSEI CLUB SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SENSEI CLUB SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SENSEI CLUB SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SENSEI CLUB SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE AFOREMENTIONED LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING FROM OR IN CONNECTION WITH THE SENSEI CLUB SERVICE OR YOUR USE OF SENSEI CLUB CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY EACH USER FOR THE RELEVANT COURSE.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, liabilities, damages, losses, costs, fees, expenses or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Sensei Club content, or (iii) any of Your User Content, (iv) your infringement of any person’s intellectual property, privacy, publicity or other right, (v) the infringement of any applicable laws and/or these Terms and Conditions by you and/or anyone using your log-in credentials to access and otherwise use the Sensei Club Service (in whole or in part), (vi) the breach of any of your warranties, representations, responsibilities or other obligations set forth in these Terms and Conditions, and/or (vii) wilful misconduct by you or anyone accessing the Sensei Club Service using your log-in credentials. We shall provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences. This provision shall remain in full force and effect notwithstanding any termination of your use of the Sensei Club Services.
44. GENERAL TERMS.
These Terms and Conditions constitute the entire agreement between you and Sensei Club concerning your use of the Sensei Club Service. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of said right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect.
45. APPLICABLE LAW AND JURISDICTION
This Agreement is governed by Bulgarian law. Any disputes regarding interpretation, fulfilment, breach, execution, or application of this Contract and the training Courses are to be brought before the competent Bulgarian courts.
Alternative dispute resolution is a process in which an independent body considers the facts of a dispute and seeks to resolve it, without requiring the parties to solicit the courts. If you are not satisfied with how we have handled any complaint, you may contact our alternative dispute resolution provider, whose details we will be pleased to provide. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.https://ec.europa.eu/consumers/odr/main/?event=main.home.show
46. SENSEI CLUB IS NOT YOUR ATTORNEY OR FINANCIAL ADVISOR.
Do not contact Sensei Club for legal and/or financial advice. You agree and acknowledge that Sensei Club and its Trainers are not a law firm and are not authorised to practice law in any jurisdiction. Sensei Club does not give legal advice in any form or practice law in any way and nothing in these Terms and Conditions shall be construed as such. Any information obtained from or through the Sensei Club Service is for informational purposes only, and you are solely responsible for verifying the accuracy and the appropriateness of said information for your own business or venture with your own tax, financial and legal advisors. Sensei Club and its Trainers are not establishing an attorney-client relationship with you through your use or access of the Sensei Club Service.
UPDATED AND EFFECTIVE: APRIL 2018