Last Updated: 03/01/23

By using this website https://www.komorebi-institute.com/ (“Website”), You are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions (Terms), Privacy Policy and any disclaimer notice and any or all Agreements on this Website:

“Customer”, “You”, “User” and “Your” refers to you, the person accessing this Website and exploiting Our Services/Products and therefore accepting the Company’s terms and conditions and;

“User Account” or “Account” shall mean the online account maintained by the User at the Website to avail of the Services;

the “Company”, “Our”, “We” and “Us”, refers to Our Company, Komorebi Institute.

“Party” or “Parties” refers to both the Customer/User and Ourselves, or either the Customer or Ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”).

Any use or access by anyone under the age of 16 is prohibited unless permitted by the laws of Your country of residence, and certain regions and/or Products may have additional requirements and/or restrictions.

All rights not expressly granted to You under these Terms are reserved to the Company.

SERVICES/PRODUCT(S)

The Website allows You to purchase an online-course (Product) for a fee. We may at Our sole discretion engage third party service providers from time to time to provide certain Services. Each such purchase is intended to be used only by one person, unless specified otherwise under Product’s details. You are not allowed to share Your purchase and/or provide access to such purchase to a third party. Please acknowledge that the Products we provide You with for a fee paid through Our Website constitute Our intellectual property and may not be exploited in any way prohibited by these Terms.

Modification of Course Content and Access

Komorebi Institute reserves the right to modify, update, or replace course content, materials, access, and other components of the Services and Products offered on this website at its sole discretion. These modifications may include but are not limited to changes in course curriculum, content delivery methods, materials, and access duration.

While we strive to provide valuable and up-to-date content, please note that the Services and Products offered on this website may be subject to changes. We will make reasonable efforts to communicate such modifications in advance, but we encourage users to check the website regularly for any updates.

By using the Services and purchasing Products on this website, you acknowledge and accept the right of Komorebi Institute to make these modifications as outlined in this clause.

LICENSE

Subject to these Terms and Our policies, We grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use Our Services/Products. You may use Our Product(s) only for Your personal, non-commercial use, unless You obtain Our written permission to otherwise use the Product(s). You also agree that You will access, and/or use only one User Account, unless expressly permitted by Us, and You will not share access to Your User Account or access information for Your Account with any third party. Using our Services/Product(s) does not give you the ownership of or any intellectual property rights in Our Services or the Product(s) you access for a fee paid through Our Website.

PRIVACY

We are committed to protecting Your privacy. We will only use information collected from individual Customers particularly email addresses to facilitate and deliver orders as part of Our commitment to provide the Services Our Customers have paid. Moreover, as We endeavor to provide You better products/services We will also be using Your emails to promote Our other products/services. You can opt out anytime by pressing the unsubscribe button that can be found in every email We send. We will constantly review Our systems and data to ensure the best possible service to Our Customers.

SUPPORT

We will provide Customer support services to Our registered Users via electronic mail. If You experience any difficulties using Our Product please notify us using the following email: admin@komorebi-institute.com with a subject line “Support”.

However, We will not be liable or in any way responsible for Your own technical issues, internet speed and other related to Your access/device/location matters and We reserve the right to solely determine whether such difficulty exists on Our side.

DISCLAIMER

The information on this Website is provided on an “AS IS” basis. To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this Website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s Products; (ii) excludes all liability for damages arising out of or in connection with Your use of this Website.
This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal Product of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE PRODUCT(S) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PRODUCTS WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE, (C) THAT DEFECTS ON THE PRODUCTS WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE PRODUCT(S).

LIABILITY

No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of medical advice.

You agree that We have not made any guarantees about the results of taking any action, whether recommended on this Website or not. We provide educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Us.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of Our Company or otherwise - applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

Although We aim to provide the Services to the highest standards of the industry, neither We, nor our trainers accept any liability for (i) any inaccuracy or misleading information provided in the Product and any reliance by You on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

Our total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Product in relation to which a dispute has arisen.

Nothing in this Agreement shall exclude or limit Our liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Spanish law may not be limited or excluded.

No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by Us.

FEES

Purchasing a Product:
We offer paid Product(s) for a fee. You are responsible for paying all fees charged by Us and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Product(s). 

When you make a purchase, you agree not to use an invalid or unauthorized payment method. We reserve the right to disable access to any Product for which we have not received adequate payment. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are solely responsible for any sales, value-added, withholding or similar taxes that apply to Your purchase, whether domestic or foreign. You can purchase Our Product(s) via credit card or PayPal: If You choose to pay by credit card You authorize Us to charge Your credit card or bank account for an amount of Product’s applicable fee. If You choose to proceed with a purchase via PayPal, You further authorize Us to use a third party to process payments.

By purchasing any Product through Our Website, You hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF You DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any third party policies.

Certificate and Payments:
Please note that certificates will only be provided once all payments are received and verified by Us.

The issuance of certificates for completed courses is contingent upon the full payment of all applicable fees. Certificates will be held until all payments are completed. To expedite the certificate issuance process, users have the option to make bulk payments towards their outstanding fees. This means you can pay whatever remaining balance you owe in a lump sum to accelerate the certificate release.

REFUND POLICY

The Company adheres to a strict no-refund policy for the purchased Products. All sales are final, and unless otherwise stated at the time of purchase, all charges from those sales are nonrefundable. We may choose to offer refunds in exceptional cases at our sole discretion.

The Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment.

CANCELLATION AND VARIATION

If you have purchased a Product and have already accessed, downloaded all or part of the Product and/or started to use that Product then you shall have no right to cancel your order.

Notwithstanding this clause, there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of the Company.

CUSTOMER RESTRICTIONS

As a Customer, You agree not to:

・Circumvent, disable, or otherwise interfere with security-related features of the Website;

・Disparage, tarnish, or otherwise harm, in Our opinion, Website and/or the Service;

・Use the Product in a manner inconsistent with any applicable laws or regulations;

・Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;

・You will not share access to Our Product with a third party (unless otherwise permitted by us separately in writing); will not lease, sell, grant or otherwise exploit Our Product(s) in a way prohibited by these Terms.

・Attempt to bypass any measures of the Website designed to prevent or restrict access to the Service, or any portion of the Website.


USER CONTENT AND CONDUCT

In case Our Services enable You to share your content ("User Content"), You retain all intellectual property rights in, and are responsible for, the User Content You create and share. However, by submitting User Content you grant other Users and Company the right to share Your User Content via any social media platform.

As a user of the Site, you agree not to post any Prohibited Content:

1. Profane language or content;
2. Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
3. Inappropriate sexual content or links to inappropriate sexual content, nudity or obscene;
4. Conduct or encouragement of illegal activity;
5. Private and confidential information;
6. Content that violates a legal ownership interest of any other party.

INTELLECTUAL PROPERTY OF OUR COMPANY

Unless otherwise indicated, this Website is Our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions.

You are NOT authorised to:

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Products without prior written permission;

(ii) record on video or audio tape, relay by electronic device or other means the Products;

(iii) use the Products in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of the Company on the Products;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Products.

Breach by You of this clause shall allow us to immediately terminate these terms and conditions with You and cease to provide You with any Services, including but not limited to access to the Products.

TERM AND TERMINATION

The Company may terminate your access to all or any part of the Website, Services and/or Product(s) at any time, with or without cause, with or without notice, effective immediately.

You can stop using our Services at any time. You may delete your User Account by Website features or notifying Us at
admin@komorebi-institute.com. When you decide to delete Your User Account, We will delete Your data, although this may not take place immediately.

FORCE MAJEURE

We shall not be liable to You for any breach of Our obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

INDEMNITY

You agree to indemnify, defend and hold harmless Company and its affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable Attorney’ fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your use of Our Website or Product(s), or any breach by You of these Terms. Under no circumstances shall We be liable for any amount exceeding the fee paid for the Services/Product(s) ordered.

CHANGES TO THESE TERMS

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by Us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services/Products after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

SEVERABILITY

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have in accordance with these Terms or granted by law.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of Spain, Barcelona the parties submit to the jurisdiction of the Court of Spain, Barcelona regardless of conflicts of law rules, and Barcelona Courts competent to hear appeals from them.

ENTIRE AGREEMENT

The Terms constitute the sole and entire agreement between You and Us regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services/Product(s)/Website. 

CONTACTING US

For questions or clarifications regarding Our Terms and/or any other matters related to Our Services/Products, please contact Us at admin@komorebi-institute.com.

Our mailing address is:
Attn: Clive Witham
Address: Carrer Pineda 16, Molins de Rei, Barcelona