Updated: February 23, 2020
Terms and Conditions of Service
1. Words You Need to Understand
- “Agreement” or “contract” means all of the documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
- “Client” or “you” means any subscriber, client and/or user of any of our Products and Services or Training Materials.
- “Company”, “we”, “us” or “me” means Welma Inc.
- “Products and Services” mean any service or course or program including but not limited to a downloadable information product, or other service or course where we provide content for educational and informational purposes that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Products and Services may be delivered in ways including but not limited to in-person, phone, video conferencing, webinars, teleseminars, videos, audios, books, products, social media, blog articles, or otherwise in a variety of settings such as individual coaching sessions, individual consulting sessions, group programs including but not limited to masterminds, events, retreats or trainings.
- “Training Materials” mean any video, audio, printed or written text or work including but not limited to drafts, online or printed documents, or other materials created by us that are provided to you for your educational and informational purposes or through our Products and Services.
- “Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Training Materials or any other information accessed or purchased through our Products and Services for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
2. How You May Use Our Products and Services and Training Materials
3. Intellectual Property Rights
Our Limited License to You
Our Products and Services, and Training Materials are our property, and are protected by copyright, trademark, and other intellectual property laws, unless expressly indicated otherwise. This means you can only use and access our Products and Services, and Training Materials in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
If you purchase or access any of our Training Materials through our Products and Services, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use our Products and Services, or the Training Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Products and Services, and Training Materials in the following manner:
You may download and/or print Training Materials for your personal use. To clarify, you are not permitted to share, sell, reprint or republish any other of our Training Materials including handouts, for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money unless you ask us in writing if you may do so, and we have given you written permission to do so.
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 Product and Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
Information You Must Not Share with Others
As a Licensee, you understand and acknowledge that our Products and Services and Training Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
When you enroll in or purchase any of our Products and Services, you agree that you are clearly and expressly prohibited from doing any of the following acts:
- You will not copy, share or steal our Products and Services, or Training Materials or any parts of them.
- You will not in any way use, copy, adapt or represent any of our Products and Services, or Training Materials or their content in any way as if they are yours or created by you.
- You will not engage in the Improper and/or Unauthorized Use of our Products and Services.
- You will not duplicate, share, trade, sell, or otherwise distribute our Products and Services, or Training Materials to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Training Materials for their own personal, business or commercial use. This means you cannot share or sell any part of our Products and Services or Training Materials to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Products and Services, and Training Materials.
- You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Products and Services or Training Materials for publication or compilation into your own Products, Services or Training Materials for your own personal, business or commercial use or in any way that earns you money.
- You will not use our Products and Services or Training Materials in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
- You may not engage in Improper and/or Unauthorized Use of our Training Materials or any other information related to our Products and Services.
Your Licence to Us
By posting or submitting any material on or through our Products and Services or Training Materials such as comments, posts, photos, images or videos or other contributions, you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:
- When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Products and Services and Training Materials, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or in any medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website, Products and Services and/or Training Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
- You also grant us, and anyone authorized by us, the right to identify you as the author of any of copy, comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions in our Products and Services and/or Training Materials in our sole discretion, at any time for any reason whatsoever.
4. Media Release
By participating in our Products and Services, and using our Training Materials, including on social media, you consent to photographs, videos, audio recordings, transcripts, copy or written or printed text that may contain you, your voice and/or your likeness and we reserve the right to use them in our sole discretion in our current or future Products and Services, or Training Materials and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
5. Request from You for Permission to Use Content We Have Created and Shared with You
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.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we say and prescribe to protect our intellectual property and ownership rights in our Products and Services or Training Materials.
5. Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Products and Services and Training Materials, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Products and Services and Training Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Products and Services and Training Materials.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Products and Services and Training Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other program, product, service or Training Materials participant or user, including you.
Legal and Financial Disclaimer
Our Products and Services and Training Materials are not to be perceived OR relied upon in any way as business, financial or legal advice. The information provided through our Products and Services and Training 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 Products and Services and Training Materials. You are solely responsible for your results.
You acknowledge that we have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation or use of our Products, Services or Training Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Products and Services and Training Materials, and you accept and understand the results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Products and Services and Training Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
We make no warranties as to our Products and Services and Training Materials. You agree that our Products and Services and Training Materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Products and Services and Training 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 or make any representations regarding the use or the results of the use of our Products or Services, Training Materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We try to ensure that the availability and delivery of our Products and Services and Training Materials is uninterrupted and error-free, including our content and communications through methods like our website, private Facebook groups, email communications, videos, audio recordings, Zoom calls, recorded Zoom calls, downloadable PDF handouts/slides, handouts, e-books, 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 not be liable to you for damages or refunds, or for any other recourse, should our Products and Services and Training Materials become unavailable or access to them becomes slower incomplete due to any reason such as system backup 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 Products and Services and Training Materials inaccessible to you.
6. Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Products and Services and Training Materials. Every effort has been made to present you with the most accurate, up-to-date information, but 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.
6. Force Majeure
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, epidemic or public health emergency, quarantine, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
6. Links to Other Websites
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Products and Services and Training Materials. These links are provided for your convenience and the inclusion of any link in our Products and Services and Training Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Products and Services and Training Materials. We have no control over the contents or functionality at those websites and so 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.
6. Optional Tools
6. Indemnification, Limitation of Liability and Release of Claims
Limitation of Liability
We 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 Products and Services and Training 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 or otherwise who is engaged in producing or rendering our Products and Services and Training Materials, or in any way. In the event that you use our Products and Services and Training Materials or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
Release of Claims
In no event will we 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 Products and Services and Training Materials, and you hereby release us from any and all such 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, to the fullest extent allowable by applicable law.
You are agreeing that you will not use our Products and Services and Training Materials in any way that causes or is likely to cause the Products and Services and Training Materials or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Products and Services and Training Materials for lawful purposes only.
6. Purchases and Online Commerce
Authorization and Permission
If paying by Stripe, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Products and Services and Training Materials, without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a PayPal or Xero invoice, you are required to pay upon receipt, or your Products and Services and Training Materials will be put on hold and suspended until payment is made.
You agree to only purchase our Products and 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 Products and Services and Training Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Please note that we use Stripe to process payments and you should review their Terms of Service and all other relevant policies to gain a full understanding of the Terms of Service you will be agreeing to through your transactions https://moniquemayers.com.
In the event that payment is not received by the date due, you will have a two (2) day grace period to make the payment. If you fail to make the payment within the grace period, we reserve the right to terminate your access to the Products and Services and Training Materials immediately and permanently.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collection agency or legal counsel, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collection agency.
Chargeback Threats, Reversal of Payment, Payment Cancellations, and Actual Chargebacks
In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or 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, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Sharing Information with Payment Processing Company
All information obtained during your purchase or transaction for our Products and Services and Training Materials, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing company.
Payment processing companies and merchants may have privacy and data collection practices and policies 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 Products and Services and Training Materials, you may be subject to the additional terms and conditions of the payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and any terms and conditions that may apply, visit that merchant’s website or contact the merchant directly.
You release us, 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 or use of our Products and Services and Training Materials.
Modifications to the Services and Prices
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Products or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products or Services.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on our site or associated store(s). You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Rescheduling or Cancelling Appointments
If you have booked a one-on-one session or any other meeting with us in any medium including but not limited to by telephone, internet call, (“Appointment”) and you need to reschedule or cancel, you must contact us at least 24 hours in advance so we may select an alternative and mutually agreeable time for your make-up session. However, for appointments that you attempt to reschedule or cancel less than 24 hours in advance of the scheduled time of the Appointment, you forfeit the Appointment and you will not have the opportunity to reschedule it or make it up.
Should you miss your scheduled Appointment without providing at least 24 hours advance notice, you forfeit it. Because we have made time available in the schedule, it affects how many other clients may be served, and for that reason, we do not offer makeup sessions for “no-shows” or missed appointments.
We, may, in limited circumstances issue refunds, subject to our sole discretion.
You have the right to terminate your use of or participation in our Products, or Services, Training Materials at any time by contacting us IN WRITING, including by e-mail.
We reserve the right in our sole discretion to refuse or terminate your access to our Products and Services in full or in part, at any time, without notice, by sending you an email to the email address you provided to us during registration or enrolment.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Products and Services, and/or our Training Materials, including but not limited to our website, private forum, email communications, Facebook groups, Zoom calls, recordings of any such communications, or any other method of communications related to our Products and Services and Training Materials at any time without notice and in our sole discretion.
6. Dispute Resolution
It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we be unable to seek resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario, selected jointly by us. Before seeking arbitration, you must contact us in writing, and include all of your reasons for dissatisfaction with your program, Products and Services or Training Materials. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, punitive or aggravated damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Ontario.
By purchasing our Products and Services or Training Materials, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your email referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action against us.
You also agree that should arbitration take place, it will be held in the City of Toronto, in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Products and Services or Training Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
6. Governing Law
6. Entire Agreement
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
Time shall be of the essence in all respects of the Agreement.
14. Contacting Us