Terms and Conditions of Kanban University Events
TERMS AND CONDITIONS OF KANBAN UNIVERSITY EVENTS
These Terms and Conditions of KU Events (the “Terms”) apply to the registration for any Event offered by Kanban University, and/or any of their affiliates and subsidiaries. Please, read the Terms carefully before registering for an Event. By registering for any Event, Attendee is confirming Attendee’s agreement to be bound by these Terms.
Terms used herein (and not otherwise defined) have the following meanings:
“Attendee” shall mean those persons who register for any Kanban University Event.
“Additional Terms and Conditions” shall mean any additional terms and conditions relating to an Event agreed to in writing by Kanban University with a particular attendee.
“Agreement” shall mean the Terms and Conditions set forth in this document.
“Branding” shall mean distinctive wording or design used to identify Kanban University and its brand.
“Brochure” shall mean any online or hard copy material produced by Kanban University that provides detailed information with respect to the Events.
“Cancellation Policy” shall mean the policy described In Section V Clause B.
“Confidential Information” shall mean any tangible or intangible Property, Event Materials, and/or other information relating to Kanban University’s Property or Events that is or has been disclosed at any time by Kanban University or any of its partners, employees, agents or representatives, directly or indirectly, to Attendee or any of Attendee’s employees, representatives, agents, affiliates, and subsidiaries (hereinafter individually and collectively referred to as “Attendee”). Confidential Information shall include, but not be limited to, any and all information relating to inventions, patent, trademark and copyright applications, Branding, improvements, know-how, specifications, drawings, diagrams, research data, performance data, manufacturing data, and ideas regarding the Property or any aspect of the Property, and any written material regarding or referring to any of the same.
“Event Fee” shall mean the fee payable for any Event.
“Event” shall mean any online or onsite Event organized by Kanban University including all fee-based or non-fee-based Events.
“Event Materials” shall mean the materials included in the Event Fee that Kanban University provides in the course of the delivery of any Event, which may be (i) electronic Materials and/or (ii) tangible materials which may be downloaded, printed, accessed and viewed on the Website, including, but not limited to, PDFs, video, and PowerPoint presentation.
“GDPR” shall mean General Data Protection Regulation.
“Kanban University” shall mean any entity owned or managed by Mauvius Group, Inc. and/or Mauvius Group Europe, SL.
“Property” shall mean any Materials or Confidential Information as defined above.
“Purchase” shall mean to provide the required information and pay the amount specified.
“Scheduled Event” shall mean an Event which is only available for access on a predetermined date and time.
“Terms” shall mean the Terms and Conditions that make up this Agreement.
“Terms and Conditions of Website Use” shall mean the terms and conditions pursuant to which Attendee may access the Website.
“Website” shall mean Kanban.University or any other domain owned, administered, and/or operated by Kanban University.
“You” shall mean the individual purchasing and/or attending the Event.
II. Event Specifications
- All Events are provided by Kanban University, a company incorporated in the state of Delaware with its principal place of business located at 1570 W Armory Way Ste 101, #188, Seattle, Washington, 98119 (USA) and/or its affiliates.
- KANBAN UNIVERSITY will use its reasonable endeavors to provide the Events advertised by KANBAN UNIVERSITY.
- KANBAN UNIVERSITY will provide the Events using reasonable care and skill.
- Any Event description constitutes only an indication of what the Event is planned to accomplish. The Event description does not form part of the Contract between Attendee and KANBAN UNIVERSITY. KANBAN UNIVERSITY will use its reasonable endeavors to provide a Event as described.
- If circumstances require, Event presenters may be substituted for alternative qualified presenters with equivalent experience.
- KANBAN UNIVERSITY may appoint independent sub-contractors or third parties to assist, arrange or supply certain aspects of, or services in connection with its Events. KANBAN UNIVERSITY’s obligation to Attendee is to use reasonable care in selecting competent, independent sub-contractors, and third parties to provide reasonable services related to the Events. Attendee agrees that KANBAN UNIVERSITY is not responsible for the actions or omissions of such sub-contractors or third parties.
III. KANBAN UNIVERSITY Property
- Except as expressly agreed by KANBAN UNIVERSITY, Attendee may not modify, copy, reproduce, republish, sub-license, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any Event including but not limited to any Event Materials. Access to the Event and use of the Materials not expressly permitted in the Terms is strictly prohibited and will constitute an infringement of either KANBAN UNIVERSITY’s copyright or KANBAN UNIVERSITY’s other intellectual property rights, and/or the copyright or other intellectual property rights of KANBAN UNIVERSITY’s licensors.
- At all times, KANBAN UNIVERSITY and/or its licensors, remain the owner of the intellectual property of the Events Materials. Other than as specified below, no Event Materials, nor any part of it may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without the prior written permission of KANBAN UNIVERSITY.
- Upon payment for Event registration KANBAN UNIVERSITY grants to Attendee a non-exclusive, non-transferable license to access the Event and use the Event Materials.
- Upon request of KANBAN UNIVERSITY, Attendee agrees to promptly return to KANBAN UNIVERSITY any tangible materials that, in any way, relate to the Property or the Confidential Information, including but not limited to all writings disclosed to Attendee by KANBAN UNIVERSITY and all copies, memoranda, notes, and other writings prepared by Attendee based on the Confidential Information. As used in this agreement, writings and written materials shall include, but are not limited, to electronic storage media.
Attendees shall maintain in confidence all Confidential Information. Attendee agrees that they will not, without first obtaining the prior written permission of KANBAN UNIVERSITY: (a) directly or indirectly utilize such Confidential Information in his or her business; or (b) manufacture and/or sell any property, product or process that is based in whole or in part on the Confidential Information.
C. Impermissible disclosure or use of Confidential Information
- Permissible disclosure. Except as expressly provided in this letter agreement, Attendee shall not disclose such Confidential Information to any third party without the express written consent of KANBAN UNIVERSITY. Attendee shall restrict disclosure of the Confidential Information to his or her advisors and representatives who need to know such Confidential Information for the purpose set forth above, provided that Attendee first obtains such persons’ agreement to limit the use of the Confidential Information in accordance with this Agreement. Attendee may make such disclosure as is required to comply with applicable government regulation or administrative or court order, provided that, before such disclosure, shall take steps to maintain the confidentiality of the Confidential Information in connection with such disclosure and shall give KANBAN UNIVERSITY notice reasonably sufficient to allow KANBAN UNIVERSITY also to maintain the confidentiality of the Confidential Information in connection with such disclosure.
- Confidential Information shall be maintained in confidence by Attendee as provided in this agreement unless or until such Confidential Information: (a) becomes known to the general public through no breach of this Agreement; or (b) is disclosed to Attendee by a third party having a legal right to make such disclosure.
D. Enforcement measures.
If Attendee interferes or causes interference with the Property of KANBAN UNIVERSITY, Attendee and all responsible parties will be prosecuted to the full extent provided by the laws of the United States of America.
IV. Data Protection
B. If Attendee wishes to receive marketing correspondence from KANBAN UNIVERSITY Attendee may opt in on our Website by submitting a written request to KANBAN UNIVERSITY via Website or email.
C. In the event that Attendee wants to update Attendee’s records or data, or does not wish to receive marketing correspondence from KANBAN UNIVERSITY, Attendee may opt-out of such correspondence by submitting a written request to KANBAN UNIVERSITY via Website or email.
A. Offer and Acceptance
- When Attendee registers for an Event, Attendee is offering to Purchase that Event according to these Terms and Conditions.
- A legally binding agreement shall arise once KANBAN UNIVERSITY has accepted Attendee’s offer to Purchase an Event by sending Attendee an order confirmation email; and
- The Attendee is responsible to verify their Event Purchase order confirmation email upon receipt. If there are any errors, please contact KANBAN UNIVERSITY immediately at firstname.lastname@example.org or email@example.com
- KANBAN UNIVERSITY reserves the right, in its sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to Purchase one or more Events. In such circumstances, no agreement will arise.
- Before an Agreement comes into existence, KANBAN UNIVERSITY reserves the right to increase or decrease the advertised Fee for any Events and/or to amend any of the information contained in the description and/or to withdraw at any time Events advertised for sale on the Website and/or in any Brochure.
- These Terms, together with Attendee’s Purchase offer and the order confirmation email, constitute the entire Agreement between Attendee and KANBAN UNIVERSITY (the “Agreement”) and supersedes and replaces any other terms and conditions previously published by KANBAN UNIVERSITY and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by KANBAN UNIVERSITY to Attendee, whether oral, written or otherwise, relating to the subject matter of the Terms. Attendee acknowledges that Attendee has not relied on any understanding, undertaking, representation, warranty, arrangement, promise, or statement made or given by KANBAN UNIVERSITY or on its behalf, which is not set out in the Agreement.
- Cancellation by Attendee
a. A registered Attendee may cancel Attendee’s attendance at any time by notifying KANBAN UNIVERSITY in writing.
b.Fees for Confirmed Events will be refunded according to the following:
- More than 40 days before the event: 100% of the ticket will be refunded.
- 39 days before the event or less: the following options are provided (see c. and d.).
c. Attendee may transfer Attendee’s registration to a substitute attendee to attend the Event for which Attendee has registered and is not able to attend. Substitutions are accepted until 7 days before the event. Please, notify by email to firstname.lastname@example.org who will take your place.
d. If Attendee is not able to attend an Event for which Attendee has registered, Attendee may defer attendance and receive a voucher to be used within one year after the date of the Event for which Attendee originally registered. This decision must be communicated via email to email@example.com at least 30 days before the event date. Substitution is subject to availability.
e. Force Majeure. If there is a legal impossibility to attend the event (restrictions due to Covid, denial of the visa to enter the country, or similar), Attendee will be entitled to a prompt pro-rata refund of the Event Fee, or a voucher to be used toward a future KANBAN UNIVERSITY Event.
2. Cancellation by KANBAN UNIVERSITY
A. KANBAN UNIVERSITY may cancel or postpone any Event at any time prior to its scheduled termination date for any events out of the control of KANBAN UNIVERSITY including but not limited to having insufficient registrations, presenters unable to attend, and acts of God.
B. If Cancellation by KANBAN UNIVERSITY becomes necessary, KANBAN UNIVERSITY will make a good faith effort to notify Attendee no less than seven (7) days prior to the scheduled Event.
C. If KANBAN UNIVERSITY cancels an Event, Attendee will be entitled to a prompt pro-rata refund of the Event Fee or a voucher to be used toward a future KANBAN UNIVERSITY Event.
D. KANBAN UNIVERSITY will not be responsible for incurred costs in the event of any cancellation or changes made due to circumstances beyond its control.
- The Event Fee for any Event at any given time and any additional delivery charges payable in relation to the delivery of Event Materials, if applicable, are displayed on the event’s website and/or will be communicated to Attendee by a KANBAN UNIVERSITY representative.
- Unless otherwise specified, the Event Fee is payable either:
a. Credit or debit card
b. Bank transfer, which will need to be arranged directly with KANBAN UNIVERSITY.
A. KANBAN UNIVERSITY will provide the Event Materials in accordance with the Event description, which is published on the Website and/or relevant Brochure.
B. KANBAN UNIVERSITY does not make any representation, guarantee, or commitment to Attendee that the Event Materials will be error-free.
C. KANBAN UNIVERSITY does not make any commitment that the Event Materials will be compatible with or operate with Attendee’s software or hardware.
D. All representations, warranties, and/or terms and/or commitments not expressly set out in the Terms (whether implied by law, conduct, statute, or otherwise) are hereby excluded to the maximum extent permissible at law.
XIII. Limitation of liability
A. The exclusions and limitations of liability contained in the Terms do not apply to a Party’s liability:
- for fraud or willful default;
- for death or personal injury caused by its negligence; or
- where such limitation or exclusion cannot lawfully be excluded.
B. Except as set out in the Terms, KANBAN UNIVERSITY shall not be responsible for losses that result from its failure to comply with the Terms including, but not limited to, losses that fall into the following categories:
- indirect or consequential losses;
- loss of income or revenue;
- loss of business;
- loss of anticipated savings;
- loss or corruption of data.
C. KANBAN UNIVERSITY is not responsible for any data that Attendee loses either
- as a result of attending the Event or the Online Study Materials; or
- during the completion of any Event via the Website. The Attendee is responsible for regularly saving and backing up all data which Attendee holds on the computer from which Attendee is accessing the Event.
D. Except as otherwise set out in this section “Limitation of Liability”, KANBAN UNIVERSITY’s maximum aggregate liability to Attendee for any claims that Attendee may have against KANBAN UNIVERSITY for direct loss in contract, tort or otherwise arising out of or in connection with the Terms, Attendee’s use of the Event Materials and any technical support shall be limited to the amount of the Event Fee which has been paid to KANBAN UNIVERSITY by Attendee.
E. KANBAN UNIVERSITY will not be held responsible for any delay or failure to comply with its obligations under the Terms if the delay or failure arises from any because which is beyond KANBAN UNIVERSITY’s reasonable control. This condition does not affect Attendee’s statutory rights.
F. Each provision in this Clause shall be construed separately as between Attendee and KANBAN UNIVERSITY. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification, as may be necessary to make it valid and effective.
The Event Terms are for Event purposes only. KANBAN UNIVERSITY will not accept any responsibility to any party for the use of the Materials for any purpose other than Event for educational purposes, including but not limited to, the giving of advice by Attendee to any third party.
X. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the United States exclusive of conflict of interest laws. Jurisdiction and venue shall be exclusively in the courts of the state of Washington, King County.
A. KANBAN UNIVERSITY reserves the right to recover any reasonable debt collection costs in connection with the Terms.
B. KANBAN UNIVERSITY may update or amend the Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to Attendee. Any updates or amendments will be posted on the Website.
C. No failure or delay by KANBAN UNIVERSITY in exercising any right or remedy under the Terms shall operate as a waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed upon by KANBAN UNIVERSITY in writing.
D. If any of the Terms are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the rest of the Terms shall remain in full force and effect.
E. Any notices required to be served on Attendee by KANBAN UNIVERSITY under the Terms will be deemed properly served if emailed or posted to the email address or address Attendee has provided to KANBAN UNIVERSITY, respectively. Any notices required to be served on KANBAN UNIVERSITY by Attendee will be deemed properly served if sent by email or post to the address set out above.
XII. Image Consent
By the acceptance of these Terms and Conditions, Attendee consents to the use of their image in photographs and/or videos taken during the Kanban University Event to be used by Mauvius Group Inc. and its affiliated companies and brands, including, but not limited to, Kanban University, Mauvius Group Europe and David J Anderson School of Management; including, but not limited to usage in marketing activities such as newsletters, website or social media.
Attendee may revoke this authorization at any time by notifying firstname.lastname@example.org in writing. The revocation will not affect any actions taken before the receipt of this written notification.