BrainAdvizor Terms and Conditions
Last Modified: June 23, 2021
Preface: This is a legal document intended to have legal significance. If you do not understand all parts of this agreement, please seek advice from a qualified legal practitioner.
IMPORTANT NOTICE TO ALL USERS OF THIS WEB SITE
‘BrainAdvizor Inc.’ is operated by BrainAdvizor Inc. BrainAdvizor Inc. is a company registered in Canada under the Canada Business Corporations Act (CBCA) with registered corporation number 643047-3.
Preface: This is a legal document intended to have legal significance. If you do not understand all parts of this agreement, please seek counsel from a qualified legal practitioner who knows the Civil Code of Quebec (Canada) law.
1. Access and Use
By accessing and using this website (including registering for our online educational and coaching services), you are agreeing to our Terms and Conditions of Use. If you do not agree to these terms, please do not use the website. We reserve the right to make changes to them at any time without notice, so regularly check for updates. By using the site, following an update, you are agreeing to the updated terms implicitly.
These terms and conditions are subject to the laws of the Civil Code of Quebec, Canada. The Quebec courts shall have exclusive jurisdiction over any dispute between BrainAdvizor Inc. and you (except for any matter involving infringement of the intellectual property rights in the Content, in which case the jurisdiction of the Quebec Courts shall be non-exclusive).
By using this site, you represent that you are at least 18 years of age in the state of Quebec, Canada, or of legal age in your state or province of residence, or that you have a legal guardian who has provided consent on their behalf.
Children (persons under the age of 18 years) are not eligible to use our services unsupervised and we ask that children not submit any personal information to us. If you are under the age of 18 years, you can browse the BRAINADVIZOR Website only in conjunction with and under the supervision of your parents or guardians. If you are under eighteen (18) years of age you cannot purchase any Products or Services of the BRAINADVIZOR Website unless purchased by an adult guardian. It is the responsibility of parents to monitor their children’s use of the internet.
2. Trademarks, Copyright, and Confidentiality
All information, text, graphics, video, sound clips, software and other material of this website and all videos, podcasts, training courses, and coaching tools provided by BrainAdvizor Inc. (the “Content”) are Copyright © 2021 BrainAdvizor Inc. All Rights Reserved. All other trademarks, service marks and logos used in this website are the property of their respective owners.
The Content is protected by the Canadian Intellectual Property Office. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this website or expressly authorized in writing by BrainAdvizor Inc.. The parts of Content which you are authorized to use with your clients – the items from BrainAdvizor Courses or Tools or Videos or Podcasts will be clearly marked as such in the relevant sections of the web site. Strictly on the condition that you keep all Content intact and in the same form as presented on this website (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may, using an industry-standard Web browser, download and view the Content solely for your personal, noncommercial use, except as provided in Clause 5 – “License”. You must not use the website, any Services or the Content in any manner or for any purpose which is unlawful or in any manner which violates any right or which is prohibited by the Terms of Use.
Except as provided in Clause 5 – “License”, you agree to hold confidential the self regulation coaching and training techniques, tools, forms, methods, processes, concepts and other material embodied in the Content on the website, in the Group Coaching membership or online courses, and as otherwise delivered by BrainAdvizor Inc.. This clause survives termination of this agreement for any reason.
3. License (All Content)
On payment of your Fees, BrainAdvizor Inc. grants you a non-exclusive licence (with no right to grant sub-licenses) to use our coaching techniques and items from the BrainAdvizor Shop strictly for the purposes of providing coaching services to both individuals and groups, including businesses, corporations and non-profit organizations. You may provide items from the BrainAdvizor Shop to, and use them with, your clients, and we would appreciate the word of mouth recognition (also on social media please). However, you may not make them accessible to the general public on your website or through other means unless specifically allowed in the Copyright notice of a particular piece of content.
Any written material reproduced by you which includes any part or all of items from the BrainAdvizor Shop must include attribution of authorship to BrainAdvizor Inc. and the applicable Copyright notices and contact information. You may not adapt, abridge, alter or repackage any content from the BrainAdvizor Inc. without written permission of BrainAdvizor Inc..
You may not use items from the BrainAdvizor Shop or any of the learning content itself or our coaching or training techniques to train coaches.
4. Individual Personal and/or Professional Development Gains
Payment of the Course Fees does not guarantee results.
To ensure quality results from our self regulation coaching training or tools it is important to understand that you will get out of the experience what you put in. You will always need to do the work. There is no magic training or coaching pill that will solve all your problems for you. You must believe that you can and will solve your problems yourself with new knowledge and tools. We are but merely the library of content to facilitate your journey.
Access to courses may also be revoked if we consider your behavior to breach our Terms and Conditions and/or the BrainAdvizor Code of Ethics.
5. Non Compete
Your enrollment and/or membership at BrainAdvizor Inc. is conditional on you not competing with us in any way. Lots of our clients go on to develop coaching or training programs of their own, within their niche. We give them our full support. However we do not support clients copying our brand products and services or developing BrainAdvizor-like product or services (or content) that are in direct competition with us.
6. Services
We will provide distance and online learning for self regulation coaching and related educational services (the “Services”), and a “License” to use our coaching techniques and Client Materials, to you for the Fee and according to the commencement and syllabus terms set out on the web pages describing each course.
We will provide onsite and remote, professional speaking services and keynotes for conferences that are in alignment with BrainAdvizor Inc.
7. Payment of the Fees
Our terms are payment of the “Costs” as set out on the Shop page. Payment may be made through our secure online merchant processor, Stripe, by using a credit card (MasterCard, Visa).
We reserve the right to suspend or cancel your registration for a Group Coaching Membership subscription if we have not received payment of the Costs strictly in accordance with the payment schedule you elect. Logins will be suspended 7 days after payment defaults and the full account will become due 30 days after payment defaults.
Unless otherwise stated, the Costs and Membership Costs for the Service are those listed on our website and are in Canadian Dollars (CAD). Where other costs or payment arrangements apply, these are as defined on sign up or ordering.
Unless agreed otherwise, all our charges are inclusive of any applicable Canadian and Quebec taxes.
Unless otherwise agreed, courses or memberships are non-transferable and may not be resold.
You are responsible for all Product and/or Service costs of currency conversion from his or her preferred currency to Canadian Dollars (CAD).
8. GST and Tax
Costs in Canadian Dollars are quoted exclusive of Goods and Services Tax (“GST”), in the manner prescribed by the Commonwealth of Canada, and exclusive of Quebec Sales Tax. All mandatory taxes are charged during checkout.
9. Additional Costs to You
You will be responsible for the cost of connecting to your own Internet Service Provider to connect to our online offerings.
You will be responsible for the cost of all BrainAdvizor Products and Services purchased by you.
You will be responsible for the full cost of a coaching session if you cancel within less than 24 hours prior to the booked coaching session.
You will be responsible for shipping costs where needed.
10. Security
To protect your personal information, we have implemented and we maintain reasonable security practices through partnering with service partners to protect against the unauthorized access, use, modification, destruction or disclosure of your personal information. For example, we use one or more of SSL encryption, firewalls, and anti-virus software. We also take precautions by periodically updating our security measures in light of current technologies and cyber threats.
Please note, however, that no method of transmission or storage is 100% secure, and we therefore cannot guarantee absolute security.
We are compliant with the EU General Data Protection Regulation (GDPR) which came into force on May 25, 2018. However, we have updated this policy to provide you with more information about our processes. Furthermore, we use Stripe Payment Gateway for all online merchant transactions and Stripe has been audited by an independent Payment Card Industry (PCI) Qualified Security Assessor (QSA) and is certified as a PCI Level 1 Service Provider. This is the most stringent level of Data Security Standard certification available in the payments industry.
Please note as well that unencrypted email communications over the Internet is not a secure way of transmitting any personal or financial information like credit card details or social security numbers. We do not encourage anyone to send information by email to us which must remain confidential and we are not liable if you send confidential information to us over the Internet using regular, unencrypted email.
11. Disclaimer and Limitation of Liability
a) the Services, Content and this website is provided “as is” and without warranties of any kind, either express or implied,
b) To the maximum extent permitted by law, BrainAdvizor Inc. expressly excludes all terms, conditions and warranties of any kind implied by statute, custom or at common law,
c) While we are committed to providing quality self regulation coaching tools and education, and we select our web server based on service and reputation, BrainAdvizor Inc. does not warrant that the functions contained in any Content, the Website or the Services will be uninterrupted or error-free, that any defects will be corrected within a particular time frame, or that the Network or the server which stores and transmits Content to you is free of viruses or any other harmful components,
d) BrainAdvizor Inc. will make all reasonable endeavors to ensure that paid customers have the appropriate access to the course material, tools, content and group coaching classes. Beyond this, we do not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content or the Services in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise as a result of actions or inaction on the part of our host web company,
e) The Self-Regulation Coaching methods taught, and coaching provided, as part of the Services are not a substitute for your independent judgement and experience. BrainAdvizor Inc. does not warrant or guarantee that the coaching methods appearing in the Content, or the coaching provided during your sessions, will work in any particular circumstances, for you, or for any particular client. You, and your clients, are responsible and liable for the results they and you produce using the coaching methods and techniques,
f) At stages during your personal or professional development journey you may be required to be coached by either a student coach or an experienced coach or a non-certified coach. You acknowledge you are responsible for your own actions, inaction, and decisions taken as a result of your coaching, and will not hold your BrainAdvizor Inc. responsible for any results or lack of gains as a result of such self regulation coaching.
Under no circumstances (including but not limited to any act or omission on the part of BrainAdvizor Inc.) will BrainAdvizor Inc. be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website, the Services or any Content. You expressly acknowledge and agree that BrainAdvizor Inc. does not exert control over users of the website and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, BrainAdvizor Inc. liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of BrainAdvizor Inc. to the following:
in the case of Services (including the Content) supplied or offered by BrainAdvizor Inc., (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by BrainAdvizor Inc., (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
12. Legal Disclaimer
The information on this site is for personal knowledge and development only and is not intended to be a substitute for professional legal advice and does not constitute a legal opinion or legal advice for any purposes. You must not rely on the information on this site as a legal opinion or advice and you are urged to consult with a qualified legal practitioner.
See our official Disclaimer page for more information.
13. General Disclaimer
The Content, the Services and all information presented on this website are solely for personal knowledge and development. You are urged to perform independent research and to seek expert advice on the topics presented in this site. You must not rely on the information presented in this site as your sole source of information on any topic; your reliance on such information is strictly at your own risk.
BrainAdvizor Inc. does not offer psychological services of any kind. Anyone seeking psychological counselling, therapy or other forms of (mental) health services is advised to consult a licensed (mental) health services professional.
See our official Disclaimer page for more information.
14. Links
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information.
See our official Privacy Policy page for more information.
15. Unethical or Inappropriate behavior is not tolerated
Within this website, we will not tolerate the distribution of (by whatever means) content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful or objectionable (at our sole discretion).
You are not permitted to use our chat areas, bulletin boards, podcast or email service in any commercial manner. Any commercial solicitation by you of our other uses is prohibited. Guests are solely responsible for the content of their own messages. Violation of this clause may, at the discretion of BrainAdvizor Inc., result in suspension or cancellation of your course without refund.
See our official Code of Ethics page for more information.
16. If you send us something, you are giving us permission to use it
By submitting any materials to us, you are granting to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use such materials in any way we may choose. This includes, but is not limited to, video recordings, audio recordings, e-mails, texts and discussion board / chat postings.
17. Recording of group coaching sessions or podcasts
BrainAdvizor Group Coaching classes are generally recorded. These recordings are used for purposes such as training our trainers and coaches, training or coaching our clients, and for respectful marketing and promotional purposes. You agree to such recording without us giving your notice, and to us using the recordings for training, promotional and marketing purposes. We are also committed to creating a safe space to enable our coaches to train freely. If we feel something very personal was mentioned, we will ensure that no more than the first name of the person involved is included in any recording we use. We would also employ the use of filters in a post editing process to ensure anonymity. If we wanted to use any recording which maintains your full name and visual we would first request your consent to do so. Further, we will honor all requests, in writing by contacting us using our contact us page and that state that a particular recording in which you participated can not be used or requires to be removed and we will make the necessary fix within 24-48 hrs. All such requests will be honored unless prohibited by law.
If you consent to be on our podcast however, all audio recorded can be used at the discretion of BrainAdvizor Inc. Requests will not be honored to remove any recordings or segments unless prohibited by law.
18. Accuracy and Changes
Facts and information provided by BrainAdvizor Inc. are believed to be accurate when placed on the website. Product offers, terms, course content and other information provided here are subject to change without notice.
19. Modification to Services, the Content or the Website
BrainAdvizor Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, the Content or this website (in part or whole) with or without notice. You agree that BrainAdvizor Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, the Content or this website. BrainAdvizor Inc. will still attempt to provide proactive notifications, when possible, 30 days prior to and website related modification to services, content or legal documents such as Terms and Conditions or Privacy Policy.
20. Termination
You agree that BrainAdvizor Inc. may terminate your use of the Services, and remove and discard any Content within the Service, for any reasonable reason, including, without limitation, for lack of use, if BrainAdvizor Inc. believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, non-payment of the Fees, or for behavior or conduct inconsistent with the ethics set down by the BrainAdvizor Inc. Code of ethics.
You agree that any termination of your access to the Services the Content or this website under any provision of this Terms and Conditions of Use may be effected without prior notice, and acknowledge and agree that BrainAdvizor Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Your License to use the paid content would be revoked unless otherwise agreed by BrainAdvizor Inc.. Furthermore, you agree that BrainAdvizor Inc. shall not be liable to you or any third-party for any termination of your access to the Services.
21. Satisfaction Guarantee
Applicable to BrainAdvizor Products (Digital Tools) and online courses. Not applicable to monthly Membership subscription offers.
BrainAdvizor Inc. has a 14 day refund policy. If you wish to withdraw from the product of course you must inform BrainAdvizor Inc. in writing within 14 days of your purchase date and complete a “Cancellation / Refund Request’ form in order to provide some basic information to facilitate the refund process. Contact us using our contact us page to initiate the Cancellation & Refund process and receive the form link. No refunds will be considered after 14 days. Refunds may take up to 30 days to be received due to processing times that are out of our control. We appreciate your patience and understanding on the matter.
22. Indemnity, and not an employee or agent.
You agree to indemnify and hold BrainAdvizor Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any item you submit, post to or transmit through the website, your use of the website, the Content and the Services, your violation of these Terms and Conditions, your violation of any rights of another, or your providing, or lack of provision of, coaching services to any third party. This does not affect the consumers’ statutory rights.
You acknowledge and agree that in providing coaching services to any third party, you are not an agent or employee of BrainAdvizor Inc..
23. Availability and Use of the Site
The Site will usually be available 24 hours a day, seven days a week. We may, at times, need to interrupt or suspend your access to the BrainAdvizor.com or to the content on the website, for maintenance, technical or other reasons.
When accessing and using the website and its services and Content, you must comply with directions, instructions or protocols posted on the website.
We are pleased to be able to offer a wide range of exclusive Content on the website for your educational and learning needs, which we aim to regularly add to. The Content will be updated, changed or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the website.
24. Payment Plan Agreement Contract
Monthly Group Coaching Subscription Payment Plans for Memberships
Applies to memberships where payments are made every month during the duration of the membership term.
You understand and agree that you have committed to a contract. And you agree to membership fees payable by you at the rate offered at purchase time every month for an undetermined period of time.
Cancellation of Monthly Group Coaching Subscription Payment Plans for Memberships
It is important to us that you receive value from our BrainAdvizor Products, Services and Memberships.
You understand that you are able cancel your membership at any time, however, the month that was paid for would not be refunded. No further monthly payments would be taken so it is important for you to cancel prior to your next monthly billing cycle to avoid additional charges. please contact us using our contact us page to commence the cancellation process.
25. Important Note
It is your responsibility read, acknowledge and accept read our Disclosure, Privacy Policy, and Code of Ethics pages prior to agreeing to these Terms & Conditions. By using BrainAdvizor.com for educational purposes and purchasing Products, Services or Memberships, you implicitly agree to our Disclaimer, Privacy Policy, and Code of Ethics pages as well.
Contact Information
For further information about BRAINADVIZOR’s privacy policy, please contact us using our contact us page.
Please remeber to read, acknowledge and accept our other important BrainAdvizor pages prior to engaging with BrainAdvizor Products or Services, offline or online:
Thank you for acknowledging and accepting our BrainAdvizor Terms & Conditions. This policy has been compiled with professional due diligence and positive intent for both yourself and BRAINADVIZOR Inc.. 10
