Terms of Service

Introduction

    These Terms and Conditions shall govern your use of our website, products or online services, unless a different policy is displayed. Our ICBI Online Assessment Terms and Conditions are laid out in a separate document of the same name, and will be provided to you prior to any Letter of Intent (LOI) or contract being signed between you, the customer, and us, the service provider.

If you do not agree with these terms and conditions, do not access or use our services or interact with any other aspect of our business.

The following points under this Section 1 is intended to help you understand:

  1. In this policy, Cultural Business Consulting, Inc, “we”, “us” and “our” refers to Cultural Business Consulting, Inc, and any of our corporate affiliates. We offer a wide range of services, not limited to; training, coaching facilitation, and other related Business and Personal services. To provide our services, it will be necessary to obtain some Personal information such as Name, Contact Details and other such details that identify you and your family (where applicable). including hosting this information in our data-centers. We refer to all of these services, websites and data-hosting systems such as web and mobile based applications as “services” in this policy.
  2. In this policy, Data Protection Laws refers to any applicable data protection or privacy laws or regulations including the European Union General Data Protection Regulation (EU GDPR) 2016/679, the UK Data Protection Act 2018, the Japanese Act on the Protection of Personal Information (APPI) 2015, and any laws that implement, supersede, replace or override any of those laws or regulations, and the terms “personal data”, “data controller”, “data processor”, “data subject”, “personal subject” and “processing” have the meanings given to those terms in the applicable Data Protection Laws from time to time.
  3. By using our services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services.
  4. If you register with our services, submit any material to our services or use any of our services, we will ask you to expressly agree to these terms and conditions.
  5. You must be at least 18 years of age to use our services; unless otherwise stated in a legal contract between an organization and ourselves to provide them with the services in accordance with local laws. By using our services or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
  6. Our web-based services use cookies; by using our services or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies Policy. For more information about the information we collect about you when you use our website, products or services, or otherwise interact with us about us, see our separate: Privacy and Cookies Policy: (www.culturalbusinessconsulting.com/policy/)

Copyright notice

  1. Copyright (c) 2019 Cultural Business Consulting, Inc.
  2. Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our services and the material on our website; and

(b)    all the copyright and other intellectual property rights in our services and the material on our website are reserved.

License to user our online and other services

  1. You may:

(a)    view pages from our online services in a web browser or installed application;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our online services in a web browser or installed application;

(d)    upload files and enter information as permitted within the scope of the services we provide to you

(e)    stream audio and video files from our online services in a web browser or installed application; and

(f)    use our online services by means of a web browser or installed application,

    subject to the other provisions of these terms and conditions.

  1. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
  2. You may only use our online services for your own personal and business purposes with the scope of services we provide to you, and you must not use our services for any other purposes.
  3. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our online services.
  4. Unless you own or control the relevant rights in the material, or have received express permission from us, you must not:

(a)    republish material from our services (including republication on another website);

(b)    sell, rent or sub-license material from our services;

(c)    show any material from our services in public;

(d)    exploit material from our services for a commercial purpose; or

(e)    redistribute material from our services.

  1. Notwithstanding Section 3.5, you may redistribute our newsletter or public announcements in print and electronic form to any person.
  2. We reserve the right to restrict access to areas of our services, or indeed our whole services, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures in our services.

Acceptable use

  1. You must not:

(a)    use our services in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the services;

(b)    use our services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our services without our express written consent;

(e)    access or otherwise interact with our services using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violate the directives set out in the robots.txt file for our services; or

(g)    use data collected from our services for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing, except in accordance with the terms of our Privacy and Cookies Policy.

  1. You must not use data collected from our services to contact individuals, companies or other persons or entities, except in accordance with the terms of our Privacy and Cookies Policy.
  2. You must ensure that all the information you supply to us through our services, or in relation to our services, is true, accurate, current, complete and non-misleading.

Registration and accounts

  1. You may register for an account with our services by completing and submitting the account registration form on our web or mobile application, and clicking on the verification link in the email that the services will send to you.
  2. You must not allow any other person to use your account to access the services.
  3. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
  4. You must not use any other person’s account to access the services , unless you have that person’s express permission to do so.

User login details

  1. If you register for an account with our services, you will be asked to choose an email address to use as a user ID, and a password.
  2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.
  3. You must keep your password confidential.
  4. You must notify us in writing immediately if you become aware of any disclosure of your password.
  5. You are responsible for any activity on our services arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Termination and suspension of account

  1. We may:

(a)    suspend your account;

(b)    terminate your account; and/or

(c)    edit your account details,

    at any time in our sole discretion without notice or explanation.

  1. You may cancel your account on our online services at any time.

Social networking

  1. Registered users will have access to such additional features on our website as we may from time to time determine, which may include:

(a)    facilities to complete a detailed personal profile on the services, to publish that profile on the services, and to restrict the publication of that profile to particular groups or individuals registered on the services;

(b)    facilities to create groups, manage groups that you have created, join and leave groups, and share information amongst group members;

(c)    the facility to send private messages via the services to particular groups or individuals registered on the services; and

(d)    the facility to post and publish text and media on the services.

  1. You acknowledge that we cannot be held responsible for the behavior of our users, either on or off the services, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 14.1 you will not hold us liable in respect of any loss or damage arising out of any user behavior or user information.
  2. You agree to the publication of posts relating to you, by others, on our services; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 14.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.

Personal profiles

  1. All information that you supply as part of a personal profile on the services must be true, accurate, current, complete and non-misleading.
  2. You must keep your personal profile on our services up to date.
  3. Personal profile information must also comply with the provisions of Section 4 and Section 11.

Your content: license

  1. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our services for storage or publication on, processing by, or transmission via, our services.
  2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and, with your specific consent, publish your content on and in relation to the services.
  3. You grant to us the right to sub-license the rights licensed under Section 10.2.
  4. You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.
  5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
  6. You may edit your content to the extent permitted using the editing functionality made available on our services.
  7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules

  1. You warrant and represent that your content will comply with these terms and conditions.
  2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libelous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)    be blasphemous;

(j)    be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)    depict violence in an explicit, graphic or gratuitous manner;

(m)    be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

  1. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet.
  2. You must not use our services to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
  3. You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Report abuse

  1. If you learn of any unlawful material or activity on our services, or any material or activity that breaches these terms and conditions, please let us know.
  2. You can let us know about any such material or activity by email or using our contact form.

Limited warranties

  1. We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our services;

(b)    that the material on the services is up to date; or

(c)    that the services or any function or feature on the services will remain available.

  1. We reserve the right to discontinue or alter any or all of our services, and to stop publishing our services, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the services.
  2. To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our services and the use of our services.

Limitations and exclusions of liability

  1. Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

  1. The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:

(a)    are subject to Section 14.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

  1. To the extent that our services and the information and functions and features on our services are provided free of charge, we will not be liable for any loss or damage of any nature.
  2. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
  3. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
  4. We will not be liable to you in respect of any loss or corruption of any data, database or software.
  5. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
  6. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the services or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Indemnity

  1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our services or any breach by you of any provision of these terms and conditions.

Breaches of these terms and conditions

  1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our services;

(c)    permanently prohibit you from accessing our services;

(d)    block computers or other devices using your IP address from accessing our services;

(e)    contact any or all of your internet service providers and request that they block your access to our services;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our services.

  1. Where we suspend or prohibit or block your access to our services or a part of our services, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

Third party websites

  1. Our services includes hyperlinks to websites owned and operated by third parties; such hyperlinks are not recommendations.
  2. We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trade marks

  1. The name Cultural Business Consulting, Inc, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
  2. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Competitions

  1. From time to time we may run competitions, free prize draws and/or other promotions on our services.
  2. Competitions will be subject to separate terms and conditions, which we will make available to you as appropriate.

Variation

  1. We may revise these terms and conditions from time to time.
  2. The revised terms and conditions shall apply to the use of our services from the date of publication of the revised terms and conditions on the services, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
  3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the services.

Assignment

  1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
  2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

  1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
  2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

  1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
  2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

  1. Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

  1. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California in the United States of America, regardless of where the user is based.
  2. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Orange County, California, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
  3. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
  4. You or we may suspend or terminate your account or your use of the services at any time, for any reason or for no reason. Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the services are incorporated by this reference into these Terms of Use.  
  5. Your use of the services is independent of Cultural Business Consulting, Inc. and not as an employee, agent, partner, or joint-venturer with Cultural Business Consulting, Inc. for any purpose unless otherwise stated by prior written consent.
  6. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Statutory and regulatory disclosures

  1. This website is owned and services operated by Cultural Business Consulting, Inc, registered in the State of California under corporate number C3763753. you can find the online version of the register at: http://www.sos.ca.gov/business-programs/business-entities/

Our details

  1. If you have questions or concerns about this policy or how your information is handled, please direct your inquiry to the relevant office below, which we have appointed to be responsible for facilitating such inquiries.

Direct:

North America:

PO Box 12195,

Newport Beach,

CA 92658 US

You can contact us:

  1. by post, to the postal addresses given above;
  2. using our website contact form https://www.culturalbusinessconsulting.com/contact;
  3. by telephone, on the contact number published on our website; or
  4. by email, using the email address: info@culturalbusinessconsulting.com

This is the end of this policy. © Cultural Business Consulting, Inc 2019