Terms and Conditions

Effective Date: January 1, 2025

Welcome to Communication Excellence Academy ("we," "us," "our," or the "Company"). These Terms and Conditions ("Terms") govern your access to and use of our website kaleidoscopic.pro (the "Website") and the coaching services we provide.

By accessing or using our Website or services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Website or services.

1. Acceptance of Terms

By accessing, browsing, or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Communication Excellence Academy.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our Website. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms.

2. Eligibility

You must be at least 18 years of age to use our Website and services. By using our Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are accessing our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Services Offered

Communication Excellence Academy provides professional coaching services, including but not limited to:

All services are provided in Osaka, Japan, and surrounding areas. Service availability, format (in-person, virtual, or hybrid), and scheduling are subject to mutual agreement between you and our coaches.

4. Registration and Account

4.1 Account Creation

To access certain services, you may be required to provide personal information through consultation forms or registration processes. You agree to provide accurate, current, and complete information and to update this information as necessary to maintain its accuracy.

4.2 Account Security

You are responsible for maintaining the confidentiality of any login credentials or access information provided to you. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5. Booking and Scheduling

5.1 Consultation Requests

When you submit a consultation request through our Website, you are expressing interest in our services. This does not constitute a binding contract until we confirm the appointment and you agree to proceed.

5.2 Session Scheduling

Coaching sessions are scheduled by mutual agreement. We will work with you to find suitable times that accommodate both parties' schedules.

5.3 Cancellation and Rescheduling

If you need to cancel or reschedule a session, please provide at least 24 hours' notice. Cancellations made with less than 24 hours' notice may be subject to fees as outlined in our service agreement. We reserve the right to cancel or reschedule sessions due to coach availability, emergencies, or unforeseen circumstances.

6. Fees and Payment

6.1 Service Fees

Fees for our coaching services are determined based on the type, duration, and format of services requested. All fees will be communicated to you clearly before you commit to any services.

6.2 Payment Terms

Payment is required as specified in your service agreement. We accept various payment methods, which will be communicated during the booking process. All fees are stated in Japanese Yen (JPY) unless otherwise specified.

6.3 Late Payments

Failure to pay fees when due may result in suspension or termination of services. We reserve the right to charge interest on overdue amounts at the rate permitted by applicable law.

6.4 Taxes

All fees are exclusive of applicable taxes, which will be added to invoices as required by law. You are responsible for paying all applicable taxes associated with your use of our services.

7. Intellectual Property Rights

7.1 Ownership

All content on our Website, including text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Communication Excellence Academy or its content suppliers and is protected by international copyright laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Website without our prior written consent.

7.3 Trademarks

Communication Excellence Academy and our logo are trademarks of our Company. You may not use these trademarks without our prior written permission.

7.4 Materials Provided

Any materials, resources, or content provided to you as part of our coaching services are for your personal use only and may not be shared, reproduced, or distributed without our express permission.

8. User Conduct

You agree to use our Website and services only for lawful purposes and in accordance with these Terms. You agree not to:

9. Professional Relationship

9.1 Nature of Services

Our coaching services are educational and developmental in nature. They are designed to help you improve your communication skills and achieve your professional goals. Our services do not constitute therapy, counseling, or medical advice.

9.2 No Guarantees

While we are committed to providing high-quality coaching services, we cannot guarantee specific outcomes or results. Your success depends on various factors, including your effort, commitment, and circumstances beyond our control.

9.3 Confidentiality

We maintain confidentiality regarding the content of your coaching sessions. However, this confidentiality is not absolute and may be subject to legal requirements or where there is a risk of harm to you or others.

9.4 Client Responsibilities

You are responsible for actively participating in coaching sessions, completing any agreed-upon assignments or practice exercises, and applying the skills and techniques learned. Your engagement and commitment are essential to achieving positive outcomes.

10. Third-Party Links and Services

Our Website may contain links to third-party websites or services that are not owned or controlled by Communication Excellence Academy. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party content, goods, or services available through such websites or services.

11. Disclaimers and Limitations of Liability

11.1 Website Disclaimer

Our Website and services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the operation of the Website or the information, content, or materials included on the Website. To the fullest extent permissible by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

11.2 Limitation of Liability

To the maximum extent permitted by applicable law, Communication Excellence Academy and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

11.3 Maximum Liability

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you to us in the twelve (12) months preceding the claim or one hundred dollars ($100), whichever is greater.

12. Indemnification

You agree to defend, indemnify, and hold harmless Communication Excellence Academy and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or services.

13. Termination

13.1 Termination by You

You may terminate your relationship with us at any time by ceasing to use our Website and services and notifying us of your decision. Please refer to our Refund Policy for information regarding any applicable refunds.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to our Website and services at our sole discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason.

13.3 Effect of Termination

Upon termination, your right to use our Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any disputes arising out of or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts located in Osaka, Japan.

14.3 Informal Resolution

Before pursuing formal legal action, we encourage you to contact us to seek an informal resolution of any disputes. We are committed to addressing concerns fairly and promptly.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Communication Excellence Academy regarding your use of our Website and services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms at any time without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us:

Communication Excellence Academy
1 Kellen Parklands Rennerberg
Osaka, WA 0253
Japan

Phone: +314904899939
Email: [email protected]
Registration Number: 14992188

17. Language

These Terms are prepared in English. In the event of any inconsistency between the English version and any translation, the English version shall prevail.

By using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.