Terms and Conditions

This terms and conditions (hereinafter referred to as “the terms”) is in compliance with the participants of the DC Professional Development course offered by DC ASIA Inc. (hereinafter referred to as “DCA”). If you intend to take the course as a student, please be sure to read the entire text before accepting this agreement.

 

Article 1: Application
These Terms and Conditions are intended to define the relationship of rights and obligations between DCA and the Student (as defined in Article 2) with respect to the enrollment in the Course (as defined in Article 2) and shall apply to any relationship between the Student and DCA with respect to the enrollment in the Course.
The rules, regulations, etc. relating to the Course posted from time to time by DCA on the DCA Website (as defined in Article 2) shall form part of these Terms and Conditions.
If a student is a corporate student (defined in Article 2), the provisions of Article 2.9, Article 3, Article 5 and Article 7 shall not apply. In the second sentence of Article 11.5, "the course fees actually received from the student for the course that caused the damage" shall be replaced with "1,000 yen". Where a Corporate Student is a Corporate Student, the Course Agreement shall come into effect when a contract for the use of the Course is concluded between the Corporate Student's corporate entity and DCA, and the Corporate Student agrees to these Terms and Conditions in order to take the Course at the direction of the Corporate Student concerned.

Article 2. Definition
Each of the following terms as used in these Terms and Conditions shall have the meaning set forth below.
(1) "Prospective student" means a "prospective student" as defined in Article 3.
(2) "Attendance Agreement" means a "Attendance Agreement" as defined in Article 3.4.
(3) "Student" means an individual who is recognized as a student of this course in accordance with Article 3.
(4) "Participant Information" means "Participant Information" as defined in Article 3.
(5) "Intellectual Property Rights" means copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (including the right to acquire these rights or to apply for registration, etc. of these rights). means.
(6) "DCA Website" means a website operated by DCA whose domain is "dcasia-ltd.com" (in the event that the domain or content of the DCA Website is changed for any reason, including the website after such change). means.
(7) "Corporate Student" means a student whose corporate entity has entered into a contract with DCA under which the student's corporate entity pays the course fees.
(8) "Course" means a data center training course offered by DCA named the DC Professional Development Course (if the name or content of the course has been changed for any reason, such changed course shall be included). means.
(9) "Application Form" means the application form on the front cover of the document to which these Terms and Conditions are attached.

Article 3: Application of Course
1. those who wish to take this course (hereinafter referred to as "prospective students"). You agree to comply with these Terms and Conditions, and you agree that certain information provided by DCA (hereinafter referred to as "learner information") shall not be used for any other purpose. You may apply to DCA for the Course by providing DCA with a copy of the Application Form (the "Application Form") in the manner prescribed by DCA.
Application for the course must be made by the individual taking the course, and as a general rule, applications by a representative are not permitted. In addition, prospective students must provide DCA with true, accurate and up-to-date information when applying for a course.
DCA reserves the right to reject a course if any of the following conditions apply to a person who has applied for a course in accordance with Paragraph 1
(1) When DCA deems that there is a risk of violation of these Terms
(2) Falsehoods, errors or omissions in all or part of the student information provided to DCA.
(3) A person who has cancelled the course contract in the past.
(4) A minor, an adult ward, a curator, or an assistant without the consent of the legal representative, guardian, curator, or assistant.
(5) Antisocial forces, etc. (meaning organized crime groups, gang members, right-wing organizations, antisocial forces, and other similar persons) (The same shall apply hereinafter). In the event that DCA determines that the person is a member of the Antisocial Forces, etc., or is engaged in any kind of exchange or involvement with the Antisocial Forces, etc., such as cooperation or involvement in the maintenance, operation or management of the Antisocial Forces, etc. through the provision of funds or otherwise
(6) In any other case where the DCA deems it inappropriate to take the course
In accordance with the preceding paragraph and other DCA standards, DCA will determine whether or not a student is eligible to take the course, and if DCA approves the course, it will notify the student of such decision. By such notice, you agree to be bound by the terms and conditions of these Terms and Conditions and the contract for attendance of the Course in accordance with this Application Form (hereinafter referred to as the "Course Agreement"). is established between the learner and the DCA.
Students shall, without delay, notify DCA of any change in the student information and submit the materials requested by DCA in the manner prescribed by DCA.

 

Article 4: Attendance at this course
Students may take the Course in accordance with these Terms and Conditions and in the manner prescribed by DCA.

Article 5: Fees and payment methods
The student shall bear the course fees set forth in this application form as the compensation for the course.
Students shall pay the course fees to DCA by the date determined by DCA, in the manner designated by DCA. All bank transfer fees and other expenses necessary for payment shall be borne by the student.
If the student is late in paying the course fee, the student shall pay to DCA a late damage charge at a rate of 14.6% per year.

Article 6. Prohibited Acts
Students shall not engage in any of the following acts during the course of this course.
(1) Any act that infringes on the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of DCA, other students, or any third party (including any act that directly or indirectly causes such infringement).
(2) Reproduction of the materials provided by this course without DCA's consent
(3) The act of offering the same or similar courses as this course.
(4) Acts related to criminal acts or acts that are offensive to public order and morals
(5) Violation of laws and regulations or internal rules of the DCA or the trade association to which the student belongs.
(6) Transmitting information that contains computer viruses or other harmful computer programs.
(7) Falsification of information that could be used for this course.
(8) Any act that may interfere with DCA's administration of this course.
(9) Other actions that DCA deems inappropriate.
DCA may terminate the Course if DCA determines that an action by a Student in this Course falls under or is likely to fall under any of the items of the preceding paragraph, and DCA shall not be liable for any damage incurred by the Student based on any action taken by DCA in accordance with this paragraph.

Article 7: Cancellation of the event, etc.
DCA reserves the right to cancel or postpone the course by giving students one week's notice prior to the first day of the course as specified in this application form.
In the event that DCA cancels a course in accordance with this clause, the course fees already received from the student, if any, shall be refunded to the student without interest, and the student shall be released from any payment obligation to DCA if the course fees have not been received from the student.
DCA will not refund or reduce the course fee to the student in the event that the course is postponed in accordance with this clause.
DCA shall not be liable for any damage caused to Students as a result of DCA's actions in accordance with these Terms and Conditions. 4.

Article 8. no cancellation
Students may not cancel the course of study after the conclusion of the course of study contract, except as provided in the cancellation policy of DCA and with the consent of DCA.

Article 9.
All ownership and intellectual property rights in the materials used in this Course, the DCA Website and the Course belong to DCA or the person licensing to DCA, and the licensing of the Course as set forth in these Terms and Conditions shall not be construed as an assignment or license of the intellectual property rights of DCA or the person licensing to DCA with respect to the DCA Website or the Course, except as expressly set forth in these Terms and Conditions. Students shall not take any action (including, but not limited to, disassembly, decompiling, or reverse engineering) that for any reason may infringe the intellectual property rights of the DCA or any party licensing to the DCA. The user shall not do so.

Article 10.
DCA reserves the right to immediately terminate the course contract by notifying the student without notice if any of the following conditions apply to the student.
(1) In the event of a breach of any of the provisions of these Terms of Use
(2) When the student information is found to be false
(3) You have taken or attempted to take this course for any purpose or in any way that may cause damage to DCA, other students or any third party.
(4) Interfering with the operation of this course in any way
(5) Where the payment is suspended or becomes insolvent, or a petition for commencement of bankruptcy proceedings or similar proceedings is filed.
(6) When a bill or check drawn or accepted by the applicant is dishonored, or when the applicant receives a suspension of transactions or other similar measures from a clearing house.
(7) When a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction is filed
(8) In the case of delinquent payment of taxes
(9) In the case of death, or the commencement of guardianship, the commencement of custody, or the commencement of assistance.
(10) In any other case where DCA deems you to be inappropriate as a student
Cancellation of the course contract shall be effective into the future, and in the event of cancellation, DCA shall not be obligated to refund the course fees received at the time of cancellation for any reason whatsoever.
In the event that any of the reasons in Paragraph 1 apply, the Student shall naturally forfeit the benefit of time with respect to any and all debts owed to DCA and shall immediately pay all debts to DCA.
DCA shall not be liable for any damage caused to students as a result of DCA's actions in accordance with this article.
5) In the event of termination of the Course Agreement in accordance with this Article, upon DCA's instruction, the Student shall return, discard or otherwise dispose of any materials, software, manuals or other items related to the Course provided by DCA.


Article 11. disclaimer of warranties and indemnification
1. even if the student has directly or indirectly obtained any information from DCA regarding the Course, the DCA Website, other students of the Course, or any other matter, DCA does not make any warranties to the student beyond those set forth in these Terms and Conditions.
Students shall be responsible for handling and settling any transactions, communications, disputes, etc. between them and other students or other third parties in connection with this Course or the DCA Website, and DCA shall not be responsible for any such matters.
DCA shall not be liable for any interruption, suspension, termination, cancellation or alteration of the course, cancellation of the course agreement or any other damage suffered by the student in connection with the course.
4. notwithstanding the provision of links from the DCA Website to other websites or links from other websites to the DCA Website, DCA shall not be responsible for any website other than the DCA Website and any information obtained there from, for any reason whatsoever.
DCA shall not be liable for any damage incurred by the student in connection with the course. In the event that DCA is liable to the student for damages due to the application of the Consumer Contract Law or for any other reason, DCA's liability shall be limited to the course fees actually received from the student with respect to the Course that caused the damage.

Article 12: Liability of Students
1) Students shall compensate DCA for any damage caused to DCA by any breach of these Terms and Conditions or in connection with their enrollment in the Course.
In the event that a student receives a claim from or disputes with another student or other third party in connection with the Course, the student shall immediately notify DCA of the content of the claim or dispute, handle the claim or dispute at the student's expense and responsibility, and report the progress and results to DCA at DCA's request.
In the event that DCA receives any claim from another student or any other third party in connection with the student's enrollment in the Course, for infringement of rights or for any other reason, the student shall indemnify DCA for any amounts that DCA has been forced to pay to such third party based on such claim.

Article 13. confidentiality.
For the purposes of these Terms and Conditions, "Confidential Information" means all information concerning the technical, sales, business, operational, financial, organizational, and other matters of DCA that has been provided or disclosed by DCA in writing, orally, or in recorded media, etc., or has become known to the Student in connection with the Course Agreement or the Course. However, Confidential Information shall be excluded from Confidential Information if (1) it had already become or was already known to the public at the time it was provided or disclosed by DCA, (2) it became public knowledge through publications or otherwise for reasons attributable to DCA after it was provided or disclosed or became known to DCA, (3) it was lawfully acquired from a third party authorized to provide or disclose it without being obligated to maintain confidentiality, (4) it was developed independently without any Confidential Information, and (5) it was confirmed in writing by DCA that confidentiality is not necessary.
You shall use the Confidential Information only for the purpose of attending the Course and shall not provide, disclose or divulge DCA's Confidential Information to any third party without DCA's written consent.
Notwithstanding the provisions of paragraph 2, students may disclose confidential information in accordance with laws, court orders, requests or requests of government agencies. However, if such an order, request or request is made, the DCA must be notified promptly.
Students shall obtain the prior written consent of DCA when duplicating documents containing confidential information or magnetic recording media, etc., and shall strictly control the duplicated materials in accordance with Section 2.
5) Whenever requested by DCA, the Participant shall return or destroy the Confidential Information and any documents or other recording media containing or containing the Confidential Information, and all copies thereof, without delay and in accordance with DCA's instructions.

 

Article 14: Use of Student Information
Students' registration information shall be handled appropriately in accordance with DCA's Privacy Policy.
Student registration information and information obtained by DCA in the course of attending the Course (hereinafter referred to as "Student Information") shall be shared by DCA Staff and may be used for the administration of the Course and future educational projects.
At the same time as applying for the course, you agree to use your company name and logo, course case studies, as well as videos, photos and questionnaire responses taken during the course as publicity materials for the course.
You agree to allow DCA to send information about seminars, events, and related information to your registered contact information.

Article 15. contact/notification
Inquiries regarding the Course and other communications or notices from students to DCA, and notices of changes to these Terms and Conditions, and other communications or notices from DCA to students shall be made in the manner prescribed by DCA.

Article 16: Transfer, etc. of this Agreement
Students may not assign, transfer, mortgage, or otherwise dispose of their status under the Course Agreement or their rights or obligations under these Terms of Use to any third party without DCA's prior written consent.
In the event that DCA transfers the business of this course to another company, DCA may transfer the student contractual status, rights and obligations under these terms and conditions, as well as the student information and other customer information of the student to the assignee of the transferred business, and the student agrees in advance to such transfer in this paragraph. The transfer of business as set forth in this paragraph shall include not only ordinary transfer of business but also any case in which the business is transferred, such as a company split or any other transfer of business.

Article 17. full agreement
These Terms constitute the entire agreement between DCA and the student regarding the matters contained in these Terms, and supersede any prior agreements, representations and understandings, whether oral or written, between DCA and the student regarding the matters contained in these Terms.

Article 18. separability.
If any provision of these Terms of Use, or any part thereof, is deemed invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms of Use and the remaining portions of any provision deemed invalid or unenforceable shall continue in full force and effect, and DCA and Students shall endeavor to modify such invalid or unenforceable provision or portions to the extent necessary to make them lawful and enforceable, and to ensure the intent of such invalid or unenforceable provision or portions and their legal and economic equivalent effect.

Article 19. survivorship provisions
Article 5 (Only if there is an outstanding payment) The provisions of Article 6, paragraph 2, Article 7, paragraph 3 and paragraph 4, Article 8, Article 9, Article 10, paragraphs 2 to 5, Article 11 to 13, and Article 15 to 19 shall remain valid even after the termination of the course contract. However, Article 13 shall remain in effect only for five years after the end of the course contract.

Article 20: Governing Law and Jurisdiction
All disputes arising out of or related to these Terms of Use shall be submitted to the Tokyo District Court as the exclusive jurisdictional court of first instance.
 
Article 21. consultative resolution
DCA and students shall promptly resolve any matter not stipulated in these terms and conditions or any question that arises from the interpretation of these terms and conditions through mutual consultation in accordance with the principles of good faith.

[Revised September 30, 2018]

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