Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before purchasing or signing up for a course, lesson, class, workshop or event from the HYPER JAPAN website (the “Service”) operated by Cross Media Limited (“us”, “we”, “our” or the “Company”).
From time to time, it may be necessary for us to review these terms so it is recommended that you check this page regularly. Once changes have been made, they will be posted on the website and continued use of the site or training materials constitutes acceptance.
Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. It is understood that the Participant (herein also referred to as ‘you’) agrees to the following Terms.
1. Scope of Agreement:
Participation in each and any course, lesson, class, workshop or event (“Event”)- as confirmed in an email received before and after the Event – implies the Participant’s agreement with the Terms of that Event.
2. Handling of Personal Data:
Depending on the Event, Personal Data, such as the Participant’s name and contact information, may be shared with Trusted Third Parties (including, but not limited to Instructors, School Staff and Sponsors) for purpose of fulfilling contractual obligation with the Participant.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that the Company is not responsible for any loss or damage arising from the submission of false or inaccurate information.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that the company cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud, an unauthorised or illegal transaction is suspected, or default of payment on instalment options.
4. Service Content:
- Start time, duration, materials, software and platform used may vary from Event to Event;
- Paid Events must be paid for in advance by the specified method;
- If a paid Event is cancelled or postponed due to the circumstances of Cross Media Limited or a particular Instructor or Host (including event quality significantly deteriorating due to the Host’s IT infrastructure or bad internet environment), the Participant will have the choice of an automatic refund or switching to an alternative date;
- If the Participant cancels after payment due to their own reasons subject to Clause 5, the fee will not be refunded (likewise internet or IT problems experienced by the Participant because of their computer or internet connection are not the responsibility of Cross Media Limited or any Instructor); and
Participants will purchase or prepare the requisite materials following directions provided by the relevant Instructor or Host (except for instances where an Event fee covers the relevant materials).
All materials for an Event, if supplied by us, and an Event fee come with a 14 day money back guarantee. A request should be made within 14 days of enrolment and addressed to Cross Media Limited office in writing at which point we will refund the course fees minus an administration charge of £5. Should this 14 day period have expired, we, the company, will return any monies paid for Event materials or cancel any instalment packages as follow:
|Cancellation by a Participant*||Cancellation Charge|
|Within 10 days of Event start||50%|
|3 days of Event start||100%|
Any materials provided on an Event must be returned in their original condition without any modifications to receive a refund on a qualification. If these are not returned then Cross Media Limited reserves the right to refuse a refund, whether in or outside of the pre-Event 10 day period. Should a Participant have accessed tutor support, had any assignments marked or accessed over 50% of the online materials provided then a refund is not available and Cross Media Limited reserves the right to refuse a refund.
*Failure on the part of Participant to get the IT environment ready and failure to have Event materials in time are treated as cancellation by a Participant not by the Company.
6. Not Covered by this Agreement:
Participant’s own PCs, internet environment and other related IT necessary for the Service to be provided at the Participant’s end.
It is the Participant’s own responsibility to have ready sufficient PCs, internet environment, other related course materials which the Company requested for the Participant to prepare before the start of the Event.
7. Limitation of Liability for Services:
In no event shall Cross Media Limited, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed in its essential purpose.
No refund shall be provided in the following instances subject to Clause 5:
- Learning outcomes or event satisfactions are not met;
- If Cross Media Limited could not contact the Participant due to a mistake in the registration of personal information by the Participant;
- In case of problems including but not limited to Participant’s IT trouble, failure of internet provider, software or application used (e.g. zoom), power outage, consequences of a natural disaster; and
- Owing to the Participant’s inability to prepare the necessary materials in advance, the Participant was unable to participate in the Event.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Cross Media Limited, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
9. Participant Responsibilities:
- Provide accurate personal information;
- Appropriate PC, software and internet are prepared at the Participant’s own expense and managed at their own risk;
- To prepare the necessary materials (as specified by the Instructors or Cross Media Limited) in advance of the Event starting;
- Launch the Software and Application 5 minutes before the Event starts and wait for the Instructor or Host to make contact;
- Do not exchange personal information with the Instructor; and
- Do not cause nuisance (recording, solicitation) to other Participants or Instructors.
10. Cross Media Limited reserves the right to suspend the Service in the following instances:
- If the Event fee is not paid by the due date;
- If you violate the Terms of this Agreement;
- If you commit any illegal act within the context of Service as provided by Cross Media Limited or any relevant Instructor; and
- If you infringe copyright.
11. Intellectual Property:
The Service and its original content, features and functionality are and will remain the exclusive property of the Company. Still and video footages taken during the course belongs to the Company and the Company may uses these footages whatever reason for howsoever arising. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Any copying of course materials (including of stills or videos taken in the course of the Event) or adaptation is strictly prohibited without prior permission of the Company.
12. Request for Damages from Participants:
If you provide image capture, recorded video, recorded audio, etc. to a Third Party for any reason and/or make it viewable by a Third Party, Cross Media Limited and/or the relevant Instructor or Host will have the right to seek damages for any resultant losses suffered.
Further, if you act in such a way that causes material hindrance or damage to the Event successfully taking place, Cross Media Limited and/or the relevant Instructor or Host will have recourse to seek damages for any resultant losses suffered.