Terms of use and program participation liability waiver


Terms & Conditions / Participant Agreement

These Terms & Conditions apply to any User of or Participant in Programs, Projects, Assessments or other Services contracted with or provided by Transom, whether online on Transom's systems, via third-party providers or in-person. These Terms & Conditions form a binding Agreement between you and Transom. Your acceptance of these Terms & Conditions is required before participation in any Transom Programs, Projects or Services.

The Terms & Conditions and Participant Agreement include a Risk acknowledgement, a liability release and waiver, declaration of good mental and physical condition, consent to recording and collection of information, and a Photo, Video and Works release.


Terms & Conditions

Purpose

Our website is intended for informational purposes only. While we make effort to keep our site up to date and to provide correct information, we do not guarantee accuracy of the information provided on our site. No claims or rights may be derived from use of our site. 

These Terms & Conditions apply to any User of our Programs, Systems or Services, and any Participant in Programs, Projects, Assessments or other Services contracted with or provided by Transom, whether online on Transom's systems, via third-party providers or in-person (collectively, "Participant". These Terms & Conditions form a binding Agreement between you (the Participant) and Transom. Your acceptance of these Terms & Conditions is required before participation in or use of any Transom Programs, Projects or Services.

Disclaimer & Liability release

Transom does not accept liability for any direct or indirect consequences from your use of this site or participation in any Transom program or project that may be listed on this site or offered separately. By accepting to these Terms & Conditions, using this site and/or participating in the related program or project, you explicitly agree to release Transom, its principals, officers, staff, contractors and affiliates from any and all liability in relation to your participation in our programs or projects, use of the site, Program, Consulting, Coaching, or related Third-party provided systems or services, or the information found here or in the program in which you participate.

Acceptance

Your participation in Transom projects and programs, and your use of this site is conditional upon your agreement to these terms and the Privacy policy. You may not use this site or participate in Transom programs unless you agree with and accept these Terms and the Privacy policy. By using our site, you accept the terms listed here.

Updates to these terms

Transom may change the terms listed here at any time without notice. For substantial updates, you will be required to provide consent to the updated terms. You will always find the latest updated terms on this site.

Participant Agreement

I understand that my participation in the Program is voluntary and that as a condition of my participation, I agree to comply with all Program requirements including, but not limited to: (a) accurately completing all registration forms in a timely manner; (b) ensuring that I am aware of the Program’s standards of conduct; and (c) immediately notifying the Program Administrator (Transom) of any concerns related to the health, safety or security of myself, other participants, or Program staff.

Identification and Acknowledgment of Risk

I am fully aware of the risks and potential hazards connected with participating in the Program, including but not limited to, the risk of data mining, phishing, viruses, malware, data breach of online information, cyberbullying, exploitation, victimization, cyber stalking, online grooming, cyber predators, digital footprint, reputation loss, damaging career impact, loss of employment prospects, compliance violations, brand hijacking, image replication, and I hereby elect to voluntarily participate in the Program, and engage in such activity knowing that the activity may be hazardous to me and my property.

I further understand that as part of my participation in the Program that there are dangers, hazards and inherent risks to which I may be exposed, including the risk of serious physical injury, temporary or permanent disability, and death, as well as economic and property loss. I further realize that participating in the Program may involve risks and dangers, both known and unknown, and I have chosen to take part in the Program. Therefore, I have determined that it is reasonable to accept all risk of injury, loss of life or damage to property arising out of training, preparing, participating, and traveling to or from the Program and I do voluntarily accept and assume those risks.

Acknowledgment of Good Mental and Physical Condition

I acknowledge that I am in good mental and physical condition for the limited purpose of Program registration and participation.

Consent to recording and collection of information / Photo, Video and Works release

I understand that during the course of my participation in the Program, that the Program staff, and those acting with the Program’s permission or authority, may capture my name, likeness, image, or voice in photographic, audio, video, digital or other recording forms (“Recordings”). I give my permission for the Program to use those Recordings or works produced by me (e.g., art work, texts, presentations) (“Works”) for promotional, commercial, informational, research and educational purposes in any and all media (including the Internet) now existing or hereafter devised, for any purpose consistent with the Program’s mission. I understand that I will not have an opportunity to review or approve uses of the Recordings or Works.

I recognize that Transom holds the copyright in all Recordings and I grant Transom and the Client who contracted the Program a license to use the Works. I understand that I will not receive payment or any other compensation for the taking or use of any Recordings or Works created as a result of my participation in the Program.

I release, indemnify and hold harmless Transom from and against all liability, actions, debts, claims and demands of every kind whatsoever to the taking or use of the Recordings or my Works.

I acknowledge that Transom may collect information from me and that my employer and/or the Client who contracted the Program may provide my personal information to Transom. In addition, I acknowledge that Transom may engage with third party service providers to provide online and offline resources that will be used as part of the Program and that such third party service providers may collect information from me. The third party service providers engaged for the Program are listed on Transom's public website at https://transom.jp/transom-data-processing-partners/.

I acknowledge that the information collected by each third party service provider, and how such information is used, is set forth in the privacy policy adopted by such third party service provider and available on such third party service provider’s website. Transom requires its third party service providers to keep you and your information secure. Transom does not allow its service providers to use or share your or your personal information for any purposes other than providing services on Transom’s behalf.

Following is a summary of the types of information that Transom collects and how it will be used:

Third-Party Collection

Transom collects personal information from vendor partners that provide goods and services to Transom. Transom also collect personal information from Participants directly and from Participants’ employer and affiliated companies. The information includes:

Identification Information, such as name, preferred name and pronoun, date of birth, Social Security Number, photo, etc.

Contact Information, such as email address, address, phone number, next of kin contact information, etc.

Employment records, such as role, rank, tenure, psychometric reports, performance evaluation reports, 360 assessments, performance improvement plans, professional development plans etc.

Academic Records, such as education history, transcripts, test scores, recommendations, etc.

Medical Information, such as allergies, medications, medical history, medical contacts, etc.

Financial Information, such as payment method and payment details.

Program Deliverables, such as portfolio of work, performance statistics and assessments, etc.

User Content in Learning Management Systems and Videoconferencing Tools, such as recordings of voice, image, and surroundings, chat messages, discussion posts, uploaded files, speech to text transcripts, conversations with other participants, instructors and other staff, assignment submissions, survey and quiz responses, etc.

System Logging Information, such as browser, operating system, and device type, IP and MAC address, date and time of login, length of session, time of transactions and submissions, etc.

The Program Information and your personal information will be used in the following manner:

Program Enrollment and Management: support processes associated with selecting and attending programs, managing enrollment, issuing certificates, etc.

Training and Learning Process: facilitate effective and engaging learning experiences by providing useful information to instructors and participants.

Travel and accommodation, (virtual) meeting room arrangement.

Communications: provide program participants with information on relevant services, events, etc.

Research: research and analysis for the purpose of program development, adjustment and improvement; understanding and improvement of models, theories and practical applications in personal, professional and leadership development, organization dynamics and corporate performance, and research publication and consulting/advisory services.

Planning and Reporting: analyze data to assess program quality and utilization, and to identify, evaluate, and respond to trends.

System Support: ensure system stability and positive user experience by monitoring service performance and providing end-user support.

I understand that further details regarding the collection and use of Private information are listed in Transom's Privacy Policy. I have also read and agree to that Policy.

I hereby consent to Transom and its third party service providers collecting information from me in onnection with my participation in the Program.

Release and Waiver of Liability

In consideration for Transom allowing me to participate in the Program, I, as Participant, elect to participate in the Program and release and discharge and hold harmless Transom, its faculty, staff, other participants and all other officers, directors, employees, volunteers and agents from any claims or liability arising from my  participation in the Program, provided that such claim is not due to the gross and sole negligence of the released parties.

This Agreement shall be governed by and construed and enforced in accordance with the laws of Japan, without regard to the conflict of laws principles thereof. The parties agree that the venue for any legal proceeding regarding enforcement of any of the provisions hereof shall be the Tokyo district court in Japan, and I consent to the jurisdiction of a Tokyo court with appropriate subject matter jurisdiction.

I agree that the terms and conditions of this Agreement are binding on on my representatives, heirs and assigns.