TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 6 OCTOBER 2024.

ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Kanpeki Digital, also known as Kanpeki Digital Ltd, and our subsidiaries and affiliates, in association with the use of the Kanpeki Digital website, which includes kanpekidigital.com as well as any of its sub-domains and related domains (the “Site”) and its Services, which shall be defined below.

RESULTS DISCLAIMER
Through our online programmes, memberships, and certain packages, we provide guidance, strategies, and advice to help build your business through digital marketing and advertising. While we are proud of the results that we achieve for our clients under management, each and every business is drastically different. As such, what works for us or our clients may not work for you. While we share our utmost best advice to help you build your business, we have no control over whether you act on that advice and the thousands of other factors that influence the potential growth (or decline) of your business. By consuming any of our content or joining any of our programmes, you agree that success comes down to years of hard work and putting in the time, effort, and focus required to achieve a specific result, and that this effort is the difference between those who make it and those who don’t.

NO GUARANTEES
The user acknowledges that no guarantees (explicit or implied) have been made by Kanpeki Digital, its employees, partners, or affiliates in regard to future business growth or outcomes that may be experienced as a result of purchasing Kanpeki Digital packages, training programmes, online education, or membership subscriptions.

DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:

• Online digital marketing, consulting services, live training, and downloadable resources.

Any and all visitors to our Site, whether they are registered or not, shall be deemed “users” of the Services provided for the purpose of this TOS. Once an individual registers for our Services by creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include mobile applications and may be made available on various social media networking sites and other platforms, are the sole property of Kanpeki Digital. At its discretion, Kanpeki Digital may offer additional website Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any updated, modified, or revised Services unless otherwise stipulated. Kanpeki Digital does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at any time. You, as the end user and/or member, acknowledge, accept, and agree that Kanpeki Digital shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications. Frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, or revised terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided "AS IS" and as such, Kanpeki Digital shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, or any failure to store user content, communication, or personalisation settings.

REGISTRATION
To register and become a “member” of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Kanpeki Digital’s Services under the laws of the United Kingdom or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands, and agrees to:

1. Furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process

2. Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times
   If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, Kanpeki Digital will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement and, as such, refuse any and all current or future use of Kanpeki Digital’s Services, or any portion thereof.
   It is Kanpeki Digital’s priority to ensure the safety and privacy of all its visitors, users, and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Kanpeki Digital website platform Services must create a “family” account, which will certify that the individual creating the “family” account is 18 years of age and, as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
    

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Kanpeki Digital immediately if you notice any unauthorised access or use of your account or password or any other breach of security. Kanpeki Digital shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

CONDUCT
As a member of the Site, you hereby acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of Kanpeki Digital’s Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by using our Services, you may be exposed to content including, but not limited to, errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by Kanpeki Digital.
Furthermore, you herein agree not to make use of Kanpeki Digital’s Services for the purpose of:

• Uploading, posting, emailing, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or invasive of another’s privacy, or which is hateful, racially, ethnically, or otherwise objectionable

• Causing harm to minors in any manner whatsoever

• Impersonating any individual or entity, including, but not limited to, any Kanpeki Digital officials, forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity

• Forging captions, headings, or titles, or otherwise offering any content that you personally have no right to pursuant to any law, nor having any contractual or fiduciary relationship with

• Uploading, posting, emailing, transmitting, or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party

• Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorised advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation

• Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programmes that have been designed to interfere with, destroy, and/or limit the operation of any computer software, hardware, or telecommunication equipment

• Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions

• Interfering with or disrupting Kanpeki Digital’s Services, servers, and/or networks connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers

• "Stalking" or with the intent to otherwise harass another individual

• Collecting or storing any personal data relating to any other member or user in connection with prohibited conduct and/or activities
  Kanpeki Digital reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that violates the TOS or which would otherwise be considered offensive to other visitors, users, and/or members.
   

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Kanpeki Digital does not lay claim to ownership of any content submitted by visitors, members, or users, or made available for inclusion on our website Services. Therefore, you hereby grant Kanpeki Digital the following worldwide, royalty-free, and non-exclusive licences, as applicable:

1. The content submitted or made available for inclusion on the publicly accessible areas of Kanpeki Digital’s Site, the licence provided to permit Kanpeki Digital to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said content on our network Services, is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This licence shall be available so long as you are a member of Kanpeki Digital’s Site and shall terminate when you elect to discontinue your membership

2. Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of Kanpeki Digital’s Site, the licence provided to permit Kanpeki Digital to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said content on our network Services, are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This licence shall be available so long as you are a member of Kanpeki Digital’s Site and shall terminate when you elect to discontinue your membership

3. For any other content submitted or made available for inclusion on the publicly accessible areas of Kanpeki Digital’s Site, the continuous, binding, and completely sub-licensable licence which is meant to permit Kanpeki Digital to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and/or publicly display said content, whether in whole or in part, and the incorporation of any such content into other works in any arrangement or medium currently used or later developed.
    

INDEMNITY
All users and/or members herein agree to insure and hold Kanpeki Digital, our subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable legal fees made by any third party, which may arise from any content a member or user of our Site may submit, post, modify, transmit, or otherwise make available through our Services, the use of Kanpeki Digital’s Services, your connection with these Services, your violations of the Terms of Service, and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES
The member or user agrees not to replicate, duplicate, copy, trade, sell, resell, or exploit for any commercial reason any part, use of, or access to Kanpeki Digital’s Site.

USE AND STORAGE GENERAL PRACTICES
You acknowledge that Kanpeki Digital may set up practices and/or limits regarding the use of our Services, including the maximum number of days that any email, message posting, or other uploaded content will be retained by Kanpeki Digital, the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message, the maximum disk space allocated to you, and/or the maximum number of times and/or duration you may access our Services in a given period of time. In addition, you agree that Kanpeki Digital has no responsibility or liability for the removal or failure to maintain the storage of any messages or other communications. We reserve the right to delete accounts that are inactive for an extended period. Furthermore, Kanpeki Digital reserves the right to modify, alter, and/or update these practices at its discretion.

MODIFICATIONS
Kanpeki Digital reserves the right to modify, alter, or discontinue any part of our Services, whether temporarily or permanently, with or without prior notice. In addition, we shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our Services.

TERMINATION
As a member of kanpekidigital.com and its sub-domains, you may cancel or terminate your account, associated email address, and/or access to our Services by submitting a cancellation or termination request to hello@kanpekidigital.com
We may, without prior notice, immediately suspend, terminate, discontinue, or limit your account and access to the Services if:

1. You breach or violate our TOS

2. We receive requests from law enforcement

3. There are unexpected technical or security issues

4. Your account has been inactive for an extended period

5. You engage in fraudulent or illegal activities
    

ADVERTISERS
Any correspondence or business dealings with advertisers located on or through our Services, including the payment and/or delivery of goods or Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. Kanpeki Digital shall not be held responsible for any loss or damage resulting from such dealings.

LINKS
Kanpeki Digital or third parties may provide links to other websites. You acknowledge and agree that Kanpeki Digital is not responsible for the availability or content of such external websites or resources. Furthermore, you acknowledge that Kanpeki Digital shall not be liable for any loss or damage caused by or in connection with the use of such content, goods, or Services available on or through any third-party websites.


PROPRIETARY RIGHTS
You acknowledge and agree that Kanpeki Digital’s Services and any essential software used in connection with our Services contain proprietary and confidential information protected by intellectual property laws. You agree not to alter, modify, copy, distribute, or create derivative works of any content or software related to Kanpeki Digital’s Services without express written consent from Kanpeki Digital.

WARRANTY DISCLAIMERS
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. THE USE OF KANPEKI DIGITAL SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KANPEKI DIGITAL, ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

2. KANPEKI DIGITAL MAKES NO WARRANTIES THAT THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
    

LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT KANPEKI DIGITAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.

CHOICE OF LAW AND FORUM
It is mutually agreed by both you and Kanpeki Digital that the relationship between the parties shall be governed by the laws of England and Wales without regard to its conflict of law provisions, and any claims or disputes shall be filed in the courts of England and Wales.

WAIVER AND SEVERABILITY OF TERMS
At any time, should Kanpeki Digital fail to enforce any provision of the TOS, such failure shall not be deemed a waiver of such provision. If any provision of this TOS is found to be invalid by a court of competent jurisdiction, the parties agree that the court should give effect to the parties' intentions, and the remaining provisions of the TOS shall remain in full force and effect.

NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You acknowledge and agree that your account is non-transferable, and any rights to your ID or content within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.

STATUTE OF LIMITATIONS
You acknowledge that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one year after the claim arose or shall be forever barred.

VIOLATIONS
Please report any and all violations of this TOS to Kanpeki Digital at hello@kanpekidigital.com

For any questions, please contact Kanpeki Digital at hello@kanpekidigital.com