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This Agreement (“Agreement”) is made effective by and between A Timeless Celebration (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product (the “Product”) from Company’s online shop . Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product(s).
After purchasing the Product, Client will be given access to the Product within [48 hours] through a download link delivered to his/her email. Client will have access to the materials so long as the product(s) is/are available, which in any event shall be a minimum of 180 days from the date of purchase.
Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, limited license to use the Product (the “License”). Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product.
Client may use the Product for his/her own personal use and business use and may modify the language as he/she sees fit. Client may not resell the Product, whether in its original or a modified form, or a derivative thereof, without the prior written consent of the Company. Company and its affiliates and licensors reserve all rights not expressly granted to Client in this Agreement. Client’s rights herein are only as described above for this limited License. The License granted under this Section may be terminated by Company for any reason at Company’s sole discretion.
Client understand and agree that the Company’s website, the Products, and their entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the Company website’s online shopping cart. If any payment methods are declined by the Company’s online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables and suspend access to the Product until full payment is completed. Company may use a third party payment processor from time to time. In such event, Client is responsible for adhering to the third party payment processor’s terms of service.
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances, subject to the terms herein.
Refunds are available exclusively for prepayments for online training courses (the “Courses”) offered by the Company. We offer a ninety (90) day conditional guarantee. To request consideration for the guarantee, you are required to complete the program and attend all coaching calls. Please note: All returns and refunds are discretionary as determined by us. If you have any questions, contact us at email@example.com.
In the group coaching program, we agree to the following standards (note that certain standards are described in more detail in subsequent sections of this Agreement):
To purchase the Product, Client must provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for the purpose of fulfilling the purchase order and Product delivery, and any other lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Client will be stored on our, or our third party payment processor’s, secure server and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination of your access to the Product.
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of this Agreement. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
As a condition of Client’s access and use of the Product(s), Client agree that they may use the Product and Company website (the “Website”) only for lawful purposes and in accordance with this Agreement. These content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, and to other users or other persons (collectively, “User Submissions”). Without limiting the foregoing, Client warrant and agree that, when using the Website or the Product(s), Client shall not:
Subject to applicable law, under no circumstance will Company, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with (1) your experience using the Product(s), (2) your interactions with the Company website, (3) your interactions with any other Client of the Company, (4) your use, inability to use, or reliance on a Product, or (5) any interactions with any linked websites or third party websites.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY A QUEBEC COURT, COMPANY’S TOTAL LIABILITY TO CLIENT SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL MONIES PAID BY CLIENT TO COMPANY.
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, pandemics, epidemics, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take sole responsibility for Client’s own results with regard to using the Product.
By checking the box in the online shopping cart checkout, the Client hereby acknowledges and agrees that the Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
This is a binding Agreement that incorporates the entire understanding of the parties hereto, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
This Agreement is governed by the laws of the Province of Quebec and applicable laws of Canada and these laws apply to the use of the Product(s) by Client, notwithstanding Client’s domicile, residency or physical location. Any resulting arbitration or litigation shall take place exclusively within Canada. The Products are intended for use only in jurisdictions where they may lawfully be offered for use.
5.1 This Section sets out the process (the “Dispute Resolution Process”) for resolving all disputes, issues, controversies, and/or claims arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement (“Dispute(s)”).
5.2 All Disputes that are not resolved within thirty (30) days following delivery of a notice by the aggrieved party (a “Dispute Notice”) shall be arbitrated and resolved by an impartial arbitrator acting at arm’s length from both Parties. If the Parties are unable to agree on an arbitrator within sixty (60) days after delivery of a Dispute Notice, then the Parties shall submit the matter to the Institut de médiation et d’arbitrage du Québec (IMAQ) (or is successor), which shall choose the arbitrator. The arbitration shall be held within one hundred and twenty days (120) days from the date of delivery of the Dispute Notice, or as soon as reasonably practicable. The decision of the arbitrator shall be final and binding on the Parties. Costs of the arbitration shall be shared equally between the Parties. The place of arbitration shall be Montreal, Quebec, Canada, or online through remote teleconference.
5.3 To the extent arbitration as described herein is prohibited by applicable law, the Parties agree that all Disputes will be heard and resolved in a court or administrative body of competent subject matter jurisdiction located in Montreal, Quebec, Canada. The Parties consent to the personal jurisdiction of such courts over this Agreement, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
This agreement cannot be transferred or assigned to any third party without written consent of both parties hereto.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
This Agreement is not to be assignable except as may be contemplated hereunder but will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
Notwithstanding any other provisions of this Agreement, Client acknowledge and agree that Company may obtain an injunction or other appropriate relief against Client if Client contravene or fail to comply with any provision of this Agreement in any way and Client further agree that the provisions of this paragraph may be pleaded against Client by way of estoppel or defence to a claim by Client that an injunction or other appropriate relief should not be granted.
Amendment to Terms
This Agreement shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Company.
Independent Legal Advice
By using Company website, purchasing any Product(s) from Company, or using Company’s services, Client acknowledge and agree that Client (i) has had sufficient time to review and consider this Agreement thoroughly; (ii) has read and understands the terms, the nature and the consequences of this Agreement and the obligations hereunder; (iii) has been given an opportunity to obtain independent legal advice concerning the interpretation and effect of this Agreement.
No waiver under this Agreement is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege here under precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Failure of Company to enforce any of the provisions set out in this Agreement and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of this Agreement or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
This Agreement was last updated on February 7, 2023.
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