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Please read these Terms and Conditions carefully before purchasing, accessing, or using any of our Programs, Products, and Services.
By using this Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to you if you assent to this Agreement.
These Terms and Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing, and/or using any of our Programs, Products, Services, and Content Materials you are waiving certain legal rights and you are voluntarily agreeing to do so.
To use our Programs, Products, Services, or Content Materials, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video, or any other submission to us when using or participating in our Programs, Products, Services, or Content Materials (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.
We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services, or Content Materials, (3) to periodically send promotions about new Programs, Products, or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products, or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service, or Content Materials.
User content:
Our Programs, Products, Services, and all the Content Materials are our property and/or our affiliates or licensors, and are protected by both international and Canadian copyright, trademark, and other intellectual property laws.
The content in our Programs, Products, and Services is solely owned by us, unless otherwise indicated. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
If you purchase or access any of our Content Materials through our Programs, Products, or Services (our property), you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products, Services, or the Content Materials as follows:
- You may download and/or print Materials for your own personal use.
- However, you are not permitted to share, sell, reprint or republish any other of our Content Materials, including handouts, for resale or mass reproduction purposes for your own business use.
- No sharing of Information: You Are Prohibited from Sharing with Others.
Billing and payments
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product, or Service without any additional authorization, for which you will receive an electronic receipt. In the event that payment is not received by the due date, you will have a three (3) day grace period to make the payment otherwise the Program, Product, or Services will not continue, and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our Programs, Products, or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products, and/or Services.
All information obtained during your purchase or transaction for our Programs, Products, and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Content Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear and explicit Refund Policy in these Terms and Conditions that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products, or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence, or business dealings with any affiliate, individual, or company on or through our Programs, Products, or Services, and all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products, or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant, or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its content.
Backups
All data and Confidential Information are stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mails or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff affiliates, and those who manage the data management system may have access to your Confidential Information. The Company does not accept responsibility for the security of your account or content. You agree that your use of the Website or Services is at your own risk.
Links to other resources
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services, or Content Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services, or Content Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse, and we are not responsible for, the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Programs, Products, Services, or Content Materials. We have no control over the contents or functionality of those websites and we accept no responsibility for any loss, damage or otherwise, that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
By purchasing and/or using our Programs, Products, Services, or Content Materials in any way or for any reason, you also implicitly agree to our Disclaimer and Privacy Policy which may be found on our Website.
Intellectual property rights
You agree that the Website and all Services provided by the Company are the property of the Company, including any trademarks, copyrights, trade secrets, patents, taglines, logos, and other intellectual property (“Company IP”). You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company. All intellectual property reproduced in this Website, which are not the property of, or licensed to us, shall be acknowledged on the Website. Any use including framing, meta tags, or other text utilizing these intellectual property, or other intellectual property displayed, is strictly prohibited without our express written consent, or permission granted herein.
In order to make the Website and Services available to you, you hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website (“Your Content”). The Company claims no further proprietary rights in your Content.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product, or Service titles or any other title or information of ours bearing the trademark symbols (™ or ®) may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Any request for written permission to use our Programs, Products, Services, or Content Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an e-mail to info@cecilekaptcheu.com.
We very clearly state that you may not use our Programs, Products, Services, or Content Materials, in whole or in part, in any way that is contrary to these Terms and Conditions unless we have given you specific written permission to do so.
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
Limitation of liability
Cecile Kaptcheu will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our Programs, Products, Services, or Content Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or anyone who is otherwise engaged in rendering our Programs, Products, Services, or Content Materials, in any way or in any location. In the event that you use our Programs, Products, Services, or Content Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Refund policy
The products on this website are mainly digital course, hence, all sales are final. No refunds will be issued. If your Cecile Kaptcheu Training products does not perform as described in the product outline, please email info@cecilekaptcheu.com for assistance.
Dispute resolution
By purchasing our Programs, Products, or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within three (3) months of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, All Purchases, contracts, transactions shall be governed by and construed in all respects in accordance with the laws of Canada and the State of Quebec. Hence, you hereby consent to binding arbitration in Quebec to resolve any dispute arising out of these Terms.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Cecile Kaptcheu offers no warranties as to our programs, products, services, or content materials. You agree that our products, programs, services or content materials are provided as it is and without warranties of any kind, either express or implied.
Cecile Kaptcheu does not warrant either that programs, services, content materials will be functional, uninterrupted, correct, complete, appropriate or error-free, that defects will be corrected or that any part of the website, content are free of viruses or other harmful components. We do not warrant that the use or the results of the use of our program, product or service materials or on third party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
RELEASE OF CLAIMS
We will not be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our Programs, Products, Services, or Content Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition, or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
If you have a question or concern about your Programs, Products, Services, or Content Materials, you may send an e-mail to info@cecilekaptcheu.com and we will do our best to reply to your question or concern promptly.
General Provision:
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
- Assignment. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- Severability. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
- No Waiver. In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- Headings for Convenience Only. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- No Agency, Partnership or Joint Venture. No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- Force Majeure. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, pandemics (including but not limited to COVID-19), and other acts which may be due to unforeseen circumstances.
- Electronic Communication Permitted. Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: info@cecilekaptcheu.com
Cecile Kaptcheu make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in our Programs, Products, Services, and Content Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
TERMINATION
You have the right to terminate your use of or participation in our Programs, Products, or Services at any time by sending an e-mail to info@cecilekaptcheu.com
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services, or Content Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product, or Service.
In the event of cancellation or termination by either of us, you will have twenty-four (24) hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either you or us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services, and/or our Content Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services, or Content Materials at any time without notice and in our sole discretion.
All these Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
Medical Disclaimer. Our Programs, Products, Services, and Content Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Content Materials is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Content Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical, or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease, or condition. We are not giving medical, psychological, or religious advice whatsoever.
Technology Disclaimer. We try to ensure that the availability and delivery of our Programs, Products, Services, and Content Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, eBooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services, or Content Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services, or Content Materials inaccessible to you.
Legal and Financial Disclaimer. Our Programs, Products, Services, and Content Materials are not to be perceived or relied upon in any way as business, financial, or legal advice. The information provided through our Programs, Products, Services, and Content Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer, or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Content Materials. You are solely responsible for your results.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@cecilekaptcheu.com
This document was last updated on 2021-10-30
