Legal Documents:

Terms of Service

Last Updated: September 15, 2023

Welcome to Trimecafon. These Terms of Service ("Terms") govern your access to and use of the Trimecafon website, mobile application, and other online products and services (collectively, the "Services"), and your participation in Trimecafon courses, workshops, and events (collectively, the "Programs").

By accessing or using our Services or participating in our Programs, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services or participate in the Programs.

1. Account Registration

To access certain features of the Services and to register for our Programs, you may be required to register for an account. When you register, you must provide accurate, current, and complete information. You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

We reserve the right to disable your account if we determine, in our sole discretion, that you have violated these Terms, including by providing inaccurate, outdated, or incomplete information.

2. Programs and Services

2.1 Course Registration and Payment

By registering for a Program, you agree to pay all applicable fees. Unless otherwise specified, all fees are quoted in Canadian dollars and are non-refundable. We accept payment via credit card, debit card, and other forms of payment as specified at the time of checkout.

For certain Programs, we may offer payment plans. If you choose a payment plan, you agree to make all payments according to the schedule specified at the time of registration. Failure to make timely payments may result in suspension or termination of your access to the Program.

2.2 Program Policies

  • Attendance and Participation: We expect professional conduct and active participation in all Programs. Disruptive behavior may result in removal from a Program without refund.
  • Scheduling and Changes: We reserve the right to reschedule or cancel Programs, change instructors, or modify Program content at our discretion. We will make reasonable efforts to notify registered participants of any changes.
  • Recordings: Some Programs may be recorded for training, quality assurance, or content creation purposes. By participating, you consent to being recorded, unless you explicitly opt out by notifying us in writing before the Program begins.

2.3 Refund Policy

Our refund policy varies by Program type:

  • Courses and Workshops: Cancellations made 14 or more days before the start date are eligible for a full refund or transfer to another course date. Cancellations made 7-13 days before the start date are eligible for a 50% refund or full transfer to another course date. Cancellations made less than 7 days before the start date are not eligible for a refund but may be eligible for transfer to another course date at our discretion.
  • Private Coaching: Cancellations made 48 or more hours before the scheduled session are eligible for a full refund or rescheduling. Cancellations made less than 48 hours before the scheduled session are not eligible for a refund but may be rescheduled at our discretion.
  • Digital Products: Due to the nature of digital products, all sales are final unless otherwise required by applicable law.

To request a refund or transfer, please contact us at [email protected].

3. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Using the Services for any illegal purpose or in violation of any local, provincial, national, or international law
  • Harassing, threatening, intimidating, or causing harm to any person or entity
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
  • Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services
  • Attempting to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services
  • Using the Services to send unsolicited communications, promotions, or advertisements, or to spam, phish, or otherwise engage in manipulative, deceptive, or misleading conduct
  • Collecting or harvesting any personally identifiable information from the Services
  • Using any robot, spider, or other automated device, process, or means to access the Services for any purpose
  • Introducing any viruses, trojan horses, worms, logic bombs, or other harmful material to the Services
  • Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Trimecafon, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All Program materials, including but not limited to handouts, presentations, workbooks, recordings, and digital content ("Program Materials"), are the property of Trimecafon and are protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any Program Materials without our prior written consent.

4.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services and Program Materials for your personal, non-commercial use. This license does not include any resale or commercial use of the Services or Program Materials or any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or Program Materials; or any use of data mining, robots, or similar data gathering and extraction tools.

4.3 User Content

You retain all rights in any content that you submit, post, or display on or through the Services ("User Content"). By providing any User Content on the Services, you grant us and our affiliates and service providers a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing and promoting the Services and our business.

You represent and warrant that (i) you own or control all rights in and to your User Content and have the right to grant the license granted above, and (ii) your User Content does not violate these Terms or any applicable law.

5. Disclaimers

5.1 No Professional Advice

The information provided through our Services and Programs is for general informational and educational purposes only and is not intended as professional advice. We are not responsible for any actions you take based on the information provided through the Services or Programs.

5.2 No Guarantees

While we strive to help our clients improve their public speaking and communication skills, we do not guarantee specific results from participating in our Programs. Individual results may vary based on multiple factors, including but not limited to your prior experience, practice, and engagement with the Program.

5.3 "As Is" Services

THE SERVICES AND PROGRAM MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TRIMECAFON NOR ANY PERSON ASSOCIATED WITH TRIMECAFON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR PROGRAM MATERIALS.

WITHOUT LIMITING THE FOREGOING, NEITHER TRIMECAFON NOR ANYONE ASSOCIATED WITH TRIMECAFON REPRESENTS OR WARRANTS THAT THE SERVICES OR PROGRAM MATERIALS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR PROGRAM MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRIMECAFON, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, PROGRAM MATERIALS, OR ANY CONTENT ON THE SERVICES, 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, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Indemnification

You agree to defend, indemnify, and hold harmless Trimecafon, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services or participation in Programs.

8. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services or Programs shall be instituted exclusively in the courts of the province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

9. Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services and participation in Programs thereafter.

Your continued use of the Services or participation in Programs following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

10. Termination

We may terminate or suspend your access to all or part of the Services or Programs immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12. Entire Agreement

These Terms, our Privacy Policy, and any applicable registration or enrollment agreements constitute the sole and entire agreement between you and Trimecafon regarding the Services and Programs and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services and Programs.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Trimecafon
123 Presentation Street, Suite 400
Toronto, ON M5V 2N4
Canada

Email: [email protected]
Phone: +1 (416) 555-0123