1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that Miyagi will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Miyagi cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your Miyagi Course account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Miyagi will result in an immediate termination of your services.
(ie) Please dont use Miyagi for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email or pick up the phone for a conversation
2. Account Activation & Ownership
- The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service through a Miyagi Affiliate or as part of or to provide content and additional courses, lessons or live streams for an Established Course, your course owner shall also be the Account Owner.
(ie) If you sign up for Miyagi you are responsible for the account and content and are bound by these Terms of Service. If you signup on behalf of an established course as an affiliate of that course, you are both responsible for the account.
3. General Miyagi Terms
- Technical support is only provided to active EXPERT account holders and Affiliates and is only available via email, phone or Zoom.
- You may not use the Miyagi service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Victoria, Australia.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords, Facebook, Insta or Tiktok Ads), or domain names that use Miyagi or Miyagi trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to firstname.lastname@example.org
- You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(ie) The Miyagi platform belongs to us. You are not allowed to steal or copy it or use it for any illegal or dodgy purpose.
Miyagi Rights (wax on, wax off)
- We reserve the right to modify or terminate the Service is a serious breach of our terms of service is made.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Miyagi customers, other trainers and experts, employee or member will result in immediate account termination.
- Miyagi can pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Trained By Miyagi Pty Ltd retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner
- Trained By miyagi reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
(ie) In the event of an ownership dispute over a Trained By Miyagi account, we can freeze the account or transfer it to the rightful owner.
Waiver and Complete Agreement
The failure of Trained By Miyagi to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Miyagi and govern your use of the Service, superseding any prior agreements between you and Miyagi.
(ie) If Miyagi chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
Limitation of Liability
- You expressly understand and agree that Trained By Miyagi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Miyagi shall be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Trrained By Miyagi partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Trained By Miyagi does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Trained By Miyagi does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Trained By Miyagi does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Trained By Miyagi Platform and Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
Intellectual Property and Expert Content
- We do not claim any intellectual property rights over the material you provide to the Trained By Miyagi. All material you upload remains yours. You can remove your Miyagi Course at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading Course Content for yourself of an Affiliate, you agree: (a) to allow other internet users to view and purchase your Course Content; (b) to allow Miyagi to display and store your Course Content; and (c) that Miyagi can, at any time, review all the Course Content submitted by you to its Service.
- You retain ownership over all Course Content that you upload to Trained By Miyagi; however, by making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.
- You retain ownership over all content that you submit to a Trained By Miyagi, however, by making your site public, you agree to allow others to view your content.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
(ie) Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
Payments and Fees
- A valid Bank Account is required for Miyagi accounts able to process settled payments on a weekly basis. Accounts used for development purposes or free course content on Miyagi do not require a Bank Account to be uploaded to the expert portal.
- The service will be settled in weekly intervals.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- All settled fees are minus the agreed Miyagi 30% commission, unless otherwise stated and agreed in a written agreement between Miyagi and the course owner.
- A running tally of courses sold will be uploaded to the Experts Portal on a daily basis.
- Trained By Miyagi does not provide refunds.
Cancellation and or Termination
- You may cancel your account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Miyagi’s email response.
- Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so or provide a specific date of future cancel and work with a Miyagi account manager to access any course content you may require to be transferred.
- If you cancel the Service in the middle of the month, you will receive all money owned until the course has been removed.
- We reserve the right to modify or terminate the Miyagi service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Trained By Miyagi may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
- Miyagi may provide you with access to third party tools over which Miyagi neither monitors nor has any control or input.
- You acknowledge and agree that if Miyagi provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement.
- Miyagi shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- Miyagi strongly recommends that instructors seek specialist advice before using or relying on certain tools.