Terms and Conditions

Contact Information

2 Chome-65-8 Ikebukuro, Toshima City, Tokyo 171-0014

Phone: +81 3-5927-1205

Email: info@drinothgarden.com

Legal Agreement and Binding Nature

These Terms and Conditions constitute a legally binding agreement between you and TechServe. By accessing our website, enrolling in training programs, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

This agreement establishes the legal framework governing your relationship with TechServe, including your rights, obligations, and the limitations of our liability. If you do not agree to these terms in their entirety, you must immediately cease using our services.

Last revised: October 27, 2025

User Obligations and Responsibilities

1. Compliance with Laws and Regulations

You agree to comply with all applicable local, national, and international laws when using TechServe's services, including but not limited to:

  • Intellectual property laws and regulations governing copyright and trademarks
  • Data protection and privacy regulations applicable in your jurisdiction
  • Export control laws related to technical training and certification materials
  • Professional conduct standards required by relevant certification bodies
  • Laws governing online communications and electronic transactions

You are solely responsible for ensuring your use of our services complies with all applicable legal requirements in your location.

2. Prohibited Activities and Conduct

When using our services, you expressly agree not to engage in any of the following prohibited activities:

  • Impersonate any person or entity, or falsely represent your affiliation with any organization
  • Engage in fraudulent activities including payment fraud or identity theft
  • Harass, threaten, or intimidate instructors, staff members, or other participants
  • Distribute viruses, malware, or any harmful computer code through our platform
  • Attempt to breach security measures or gain unauthorized access to restricted areas
  • Interfere with or disrupt the integrity or performance of our services
  • Collect or harvest personal information about other users without consent
  • Use our services for any illegal, unethical, or unauthorized purpose
  • Violate examination integrity by sharing test questions or engaging in academic dishonesty

3. Content Guidelines and Restrictions

You agree to respect intellectual property rights and contentge restrictions:

  • Do not copy, reproduce, or distribute training materials without explicit authorization
  • Do not record, screenshot, or capture video lectures without permission
  • Do not create derivative works based on our proprietary training content
  • Do not reverse engineer or attempt to extract source code from our platform
  • Do not remove, obscure, or alter copyright notices or proprietary markings
  • Do not use our content for commercial purposes or to provide competing services

4. Age Restrictions and Eligibility Requirements

Our services are intended for individuals who are at least 18 years of age or who have reached the age of majority in their jurisdiction, whichever is greater. If you are under the required age, you may use our services only with the involvement and consent of a parent or legal guardian. Some certification programs may have additional age or prerequisite requirements set by certification bodies.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless TechServe, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

  • Your violation of these Terms and Conditions or any applicable laws or regulations
  • Your unauthorized use of our services, training materials, or intellectual property
  • Your infringement of any third-party rights, including intellectual property or privacy rights
  • Any content or information you submit through our platform
  • Your conduct during training sessions or interactions with other participants
  • Any negligent or wrongful acts or omissions on your part

This indemnification obligation survives the termination of your use of our services and applies regardless of whether the claims arise from your intentional misconduct or negligence.

Privacy and Data Protection Responsibilities

Your Privacy Obligations

You are responsible for maintaining the confidentiality of your personal information and account credentials. You agree not to share sensitive information about other participants or disclose confidential materials encountered during training sessions. Any personal data you provide must be accurate and kept current.

Our Privacy Commitments

TechServe processes your personal data in accordance with our Privacy Policy and applicable data protection regulations. We implement reasonable security measures to protect your information, but you acknowledge that no electronic transmission or storage method is completely secure. Please review our Privacy Policy for detailed information about data handling practices.

Third-Party Interactions

When you interact with third-party platforms or services integrated with our training programs (such as certification body portals or examination systems), you are subject to their respective terms and privacy policies. We are not responsible for the privacy practices or content of third-party services.

Disclaimers, Warranties, and Liability Limitations

Disclaimer of Warranties

TechServe provides all services on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. We specifically disclaim all warranties including:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that our services will be uninterrupted, timely, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of training content
  • Warranties that defects will be corrected or that the platform is free of viruses or harmful components
  • Warranties regarding examination success, certification achievement, or career outcomes

No advice or information, whether oral or written, obtained from TechServe or through our services creates any warranty not expressly stated in these terms.

Limitation of Liability

To the maximum extent permitted by applicable law, TechServe shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

  • Your use of or inability to use our services or training materials
  • Any unauthorized access to or alteration of your data or account information
  • Any conduct or content of third parties on or through our services
  • Failure to achieve certification or desired examination results
  • Employment outcomes or career advancement expectations
  • Technical failures, service interruptions, or data loss
  • Errors, mistakes, or inaccuracies in training content or materials

In jurisdictions where limitations on liability are not permitted, TechServe's total liability to you for any damages shall not exceed the amount you paid to TechServe in the twelve months preceding the claim, or ¥50,000, whichever is less.

Consequential Damages Exclusion

You expressly acknowledge and agree that TechServe shall not be liable for any damages arising from lost profits, business interruption, loss of business opportunity, failure to achieve professional certifications, or any other consequential, incidental, or indirect damages, even if TechServe has been advised of the possibility of such damages.

Force Majeure

TechServe shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of nature, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Legal Provisions and Dispute Resolution

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in Tokyo, and you hereby consent to the personal jurisdiction and venue of such courts.

Dispute Resolution Procedures

In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or your use of our services, the parties agree to first attempt to resolve the matter through good faith negotiations. The dispute resolution process shall be as follows:

  • Written notice of the dispute must be sent to the other party describing the nature of the claim
  • The parties shall attempt to resolve the dispute through informal negotiations within 30 days
  • If informal resolution fails, either party may pursue formal legal proceedings
  • Any litigation must be commenced within one year after the cause of action arose

Nothing in this section prevents either party from seeking injunctive or equitable relief to protect intellectual property rights or confidential information.

Severability Clause

If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

Terms Modification Policy

TechServe reserves the right to modify these Terms and Conditions at any time. We will provide notice of material changes by posting the updated terms on our website with a new revision date and, where appropriate, sending notification to enrolled participants. Your continued use of our services after such modifications constitutes acceptance of the updated terms. If you do not agree to the modified terms, you must discontinue use of our services.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices published by TechServe, constitute the entire agreement between you and TechServe concerning your use of our services. These terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and TechServe.

Assignment and Transfer

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. TechServe may assign or transfer its rights and obligations under these terms at any time, including in connection with a merger, acquisition, or sale of assets, without your consent or notification.

Waiver

The failure of TechServe to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of TechServe.

Legal Questions or Concerns?

If you have questions about these Terms and Conditions or need legal clarification, please contact us using the information provided at the top of this page.

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