EDUCATION SUBSCRIPTION AGREEMENT
This subscription agreement (hereafter “Agreement”) governs the admission and use of the on-line education (hereafter “Education") offered by Makotokai International (hereafter " M.K.I.") through the website www.makotokai.com (hereafter "Website") according to the terms and conditions therein set forth. In order to obtain the status of subscriber to the Education (hereafter “Subscriber”), the user will have to fill in the subscription form, by inserting the personal information. Subscriber agrees to provide M.K.I. with accurate and complete personal information. It is Subscriber’s responsibility to inform M.K.I. of any changes to that information.
If the Subscriber already practices the Makotokai style and has the relevant budo pass, he logins and creates his own account after paying the yearly fee to the gym where the Subscriber practices. The relevant gym will transfer each Subscriber’s fee to M.K.I. Once M.K.I. will receive the payment, M.K.I. will activate Subscriber’s account and he will get access to the Education.
The Education is divided into two (2) branches: Makotokai Karate and Makotokai Neijia (with disciplines Xing Yi, Tai Chi Chuan, Pa Kwa Chang and Qi Gong). Each discipline is further divided into the following sections: students (from white belt to 5th dan), instructors (trainer, instructor, master), Newcomers (not M.K.I. members).
The Subscriber will access to the section of the Education according to his current knowledge and rank. When the Subscriber successfully passes exams he gradually proceeds to the higher levels. The Subscriber will indicate in the subscription form the branch (i.e. Makotokai Karate and/or Makotokai Neijia) he wants to subscribe.
2. Makotokai style’ Practitioners
Paying the yearly fee is mandatory for the people who already practice the Makotokai style and have the budo pass (hereafter “Practitioners”) according to the Makotokai Rules & Regulation. By paying the yearly fee, the Practitioners get access to Education.
If a Practitioner fails to pay the yearly fee by 31st January of each year, he breaches the Makotokai Rules & Regulation. However he can pay the yearly fee, indicated in the subscriber form for the delayed Members by 31st March of the same year, Should a Practitioner not pay the yearly fee by 31st March of each year, he will automatically loose the status of Practitioner.
Subscription to the Education for the Subscribers that are not Practitioners does not automatically confer to them the status of Practitioner. In order to become a Practitioner it is necessary to comply with all the requirements set forth in the Makotokai Rules & Regulation.
3. Use of the Education by the Subscriber
The Subscriber agrees to access and use the Education in compliance with this Agreement, as well as with the law, the good customs and the public order. The Subscriber may not attempt to access the Education by means other than through his own personal account that has been previously approved and activated by M.K.I. The subscription to the Education is expressly restricted to its use by the Subscriber individually. The Subscriber will not knowingly share private access codes with any third party. In the event of breach of any provision of this Agreement, M.K.I. reserves the right to cancel access to the Education and communicate its decision to the Subscriber, by sending a message to the e-mail address provided by the latter in the registration form.
4. Access codes
To access to the Education, the Subscriber will use a username and a password by his choice, which he will create when he will firstly register his account. The Subscriber agrees to make a diligent use of the access codes and will use them solely for his own personal access to the Education, and further commits to communicate to M.K.I. any unauthorized use of the said codes as soon as this circumstance comes to the Subscriber's knowledge.
5. Intellectual Property Rights
The contents of the Education are protected by intellectual property rights. The Subscriber may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or contents on the Education, without M.K.I.'s written consent.
6. No Advice
The Education is not offered as advice on any particular matter and should not be taken as such. M.K.I. or any contributing author expressly disclaim all liability to any person with regards to anything done or omitted to be done, and with respect to the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the Education.
The Education and the information are provided on an "as is, as available" basis. M.K.I. or any contributing author are not taking any responsibility whatsoever with respect to activity the Subscriber generates in reliance on the Education. M.K.I. or any contributing author make no warranty or representation relating to the Education. M.K.I. or any contributing author expressly disclaim and exclude any and all implied warranties, including warranties on merchantability, fitness for a particular purpose and non-infringement. M.K.I. or any contributing author do not warrant that the Education will meet the Subscriber’ requirements or that the Education is not without defects or errors. M.K.I. or any contributing author disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Website and the Education, including but not limited to technical inaccuracies, (b) any third party web sites or information therein directly or indirectly accessed through links in this Website, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Website, the Education, or any portion thereof, (d) the use by the Subscriber of this Website or the Education, or (e) the use by the Subscriber of any equipment or software in connection with this Website or the Education.
8. Limitation of liability
M.K.I. or any contributing author shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from the Subscriber’s use of this Website, the Education, M.K.I. or any contributing author shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever in any way due to, resulting from, or arising in connection with the use of or inability to use the Education. If there are any errors or mistakes in the Education, the Subscriber will not seek damages or bring any claims against M.K.I. or any contributing author, and or any of their respective officers, partners or employees, arising out of any errors or mistakes in the Education.
10. Duration and no right of withdrawal
The subscription to the Education will begin after the payment is received by M.K.I., starting from the date of activation of Subscriber’ account by M.K.I., and will last for one (1) calendar year for members of M.K.I. or for an agreed period of time for Newcomers as indicated in the relevant subscription form and accepted by M.K.I..
If the Subscriber is a natural person who is acting for purpose which are outside his trade, business craft or profession, by agreeing to this Agreement the Subscriber acknowledges that the Education begins with the Subscriber’s prior express consent and, therefore, he loses his right of withdrawal once he successfully does the first access to the Education.
12. Governing law and jurisdiction
This Agreement is governed by and construed in accordance with the laws of Switzerland and any action arising out of or relating to this Agreement shall be filed only before the Courts of Lugano (Switzerland) and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.