Terms and Conditions

Effective Date: May 4, 2023

 

  1. Introduction

1.1. By accessing, browsing, or using 314Circle’s (“we”, “us”, “our” or “Provider”) website (the “Website”), you (“Participant”) agree to be bound by these Terms and Conditions (“Terms”). Please read these Terms carefully before accessing or using the Website and any online course program and related materials (the “Program”) provided by us.

1.2. We reserve the right to update, change or replace any part of these Terms at any time without notice. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

  1. Program Access and Intellectual Property Rights

2.1. The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date. These Program features may include lessons, forms, worksheets, checklists, ongoing live training sessions, and private discussion groups. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.

2.2. All content on the Website, including but not limited to text, images, graphics, logos, videos, and course materials, is the property of 314Circles or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

2.3. By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view, and use the Program. All ownership rights in the intellectual property related to the Program remain with the Provider, and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.

2.4. You may not reproduce, distribute, modify, create derivative works from, publicly display or perform, or otherwise use the content on the Website, except as expressly permitted in these Terms or with our prior written consent.

  1. Registration and Account Security

3.1. The Participant agrees to provide true, accurate, current, and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current, and complete. The Participant is responsible for maintaining the confidentiality of the password and account and for all activities that occur under their account. By creating an Account, the Participant represents that they are at least 18 years of age and that they have the legal capacity to enter into these Terms. If they are under the age of 18, they must have the consent of a parent or guardian to create an Account and use our Services and Programs.

3.2. In consideration of the use of the Website, the Participant agrees to maintain and update true, accurate, current, and complete Registration Data. If the Participant provides any information that is untrue, inaccurate, not current, or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right, in its sole discretion, to terminate the access of the Participant to the Program and the related services or any portion thereof at any time if the Participant becomes disruptive to the Program or other Program participants or fails to follow the Program guidelines. In the event of termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

  1. Fees and Payments

4.1. The fees for online courses and any membership programs shall be as set out in the Program website and offers from time to time. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of the Provider.

4.2. We reserve the right to change the fees for our Services at any time, with or without notice. It is your responsibility to review the applicable fees before purchasing any Services.

4.3. Membership Fees and Renewals: If the Participant has subscribed to a membership site or program as a component of the Program, the Participant agrees to the following terms of membership subscription:

(a) Automatic Renewal: Unless canceled by the Participant, all monthly or annual subscription plans of the Program shall automatically renew at the end of each subscription period.

(b) Subscription Pricing: The Provider agrees not to change the monthly or annual subscription fees during the initial subscription period as agreed on the Effective Date.

(c) Annual Subscription: After the initial annual subscription has been completed by the Participant and the annual subscription has been renewed, the Participant shall be entitled to cancel the subscription to the Program and receive a refund of annual subscription fees on a prorated basis based on the number of full months left unused.

  1. Termination

5.1. We reserve the right, in our sole discretion, to terminate your access to the Website and Services, and to delete your Account, at any time and for any reason, including but not limited to your breach of these Terms.

5.2. Upon termination of your access to the Website and Services, your right to use the Website and Services will immediately cease.

  1. Passwords and Credit Card Authorization

6.1. The Participant is responsible for the security of their password and user ID (if any) and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security.

6.2. By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment cards automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.

  1. Privacy and Consent

7.1. The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Program in accordance with applicable privacy legislation in Canada. The Participant agrees to the collection and use of personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Program. The full privacy policy of the Provider is available on the website. In addition to receiving applicable Program correspondence via e-mail or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration in the Program. The Participant may unsubscribe from any such marketing lists without affecting access to the Program.

  1. User Conduct

You agree not to use the Website or Services for any unlawful or prohibited purpose, including but not limited to:

  • Engaging in any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, regulation, or rule.
  • Using the Website or Services or Programs to harass, defame, or harm any person or entity.
  • Uploading, transmitting, or distributing any content that infringes upon any third party’s intellectual property rights or that is offensive, abusive, or otherwise objectionable.
  • Interfering with or disrupting the operation of the Website or Services or Programs, or the servers or networks connected to them.
  • Attempting to gain unauthorized access to any part of the Website or Services or Programs, or to the accounts of other users.

 

  1. Legal Disclaimer and Limitation of Liability

9.1. The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors and participation in any social media groups or chats, shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate.

9.2. The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms, or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology to participate fully in the Program.

9.3. Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents, or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from the Participant’s use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.

9.4. The Program is provided “as is” and “as available,” without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement concerning the Program, to the fullest extent permissible under applicable law.

  1. Release and Indemnity

The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents, and licensors from any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) arising from the Participant’s use of the Program (including any breach by the Participant thereof) or otherwise relating to this Agreement, and the Participant agrees that their sole remedy for any claim, loss, damage, costs, or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents, or licensors from and against any claims, losses, judgments, damages, costs, and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from the Participant’s use of the Program or otherwise relating to this Agreement (including any breach by the Participant thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents, or licensors from and against any claims brought by third parties arising out of the Participant’s use of the Program or its content.

  1. Governing Law and Jurisdiction

The Program is operated by the Provider within Canada. By accessing or using the Program, the Participant agrees that all matters relating to their access to, or use of the Program and its content shall be governed by the laws of Canada applicable therein, without regard to conflict of laws principles.

  1. Customer Service Requests

If the Participant has questions, comments, or needs to provide notice of any kind to the Provider regarding Programs, including cancellations or refunds of Program fees, please e-mail the Provider at info@314circles.com

  1. Miscellaneous

3.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.2. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

13.3. These Terms constitute the entire agreement between you and 314Circles with respect to the Website, and Services, and Programs, and supersede any prior agreements or understandings, whether written or oral.

  1. Entire Agreement

This is the entire agreement between the Participant and the Provider relating to the Participant’s access and use of the Program and the content therein.