Terms & Conditions
Terms and Conditions
Online Legal Essentials Inc. (the “Provider”) agrees to provide you with access to Brownswell’s Dance with Darkness online class (the “Program”) upon the following terms and conditions. By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
Effective Date
This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.
Program
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, meditations, and worksheets. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.
Limited License
By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view, and use the Program. The Participant is granted the right to download, store and print single copies of items comprising 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.
Copyright
The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations, and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
Course Registration
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 your account. In consideration of the use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide 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, fails to follow the Program guidelines. In the event of a 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.
Fees
The fees for online courses shall be as set out on the Program website. 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.
Payment Plan Pricing
The Provider agrees not to change the monthly payment plan fees during the initial payment period as agreed on the Effective Date.
Refunds
There are no refunds available for this course.
Passwords
Any passwords and user IDs used for the Program are for the Participant’s individual use only. 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. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
Credit Card Authorization
By purchasing the Program with a payment plan or one-time payment, the Participant hereby authorizes the Provider to charge their credit card or other payment cards automatically for any ongoing one-time payments or payment plans as determined by the provisions of this Agreement.
Privacy
The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Program in accordance with the applicable privacy legislation in the jurisdiction of the Participant. The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Program. You can view the privacy policy below. 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.
Privacy Policy
What information do we collect and what do we do with it?
When you enroll as a student (“learner”) on our site or related courses, as part of the enrolling process, we collect the personal information you give us such as your name and email address.
Email Marketing
We may send you emails about our site and related course(s), registration, course content, your course progress, or other updates. We may also use your email to inform you about changes to the course, survey you about your usage, or collect your opinion.
How do you get my consent?
When you provide us with personal information to become a learner on our site, make a purchase, or participate in the course, you imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at any time.
Disclosure
We may disclose your personal information if we are required by law to do so or if you violate our Terms and Conditions.
Memberspace & SquareSpace
Our course and site are hosted by Memberspace and Squarespace. They provide us with an online course creation platform that allows us to sell our product/services to you.
Your data is stored through Memberspace and Squarespace data storage, databases, and the general application. They store your data on a secure server behind a firewall.
Payment
If you make a purchase on our site, we use a third-party payment processor such as Member space. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.
Third-Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
Certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our course website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms and Conditions.
Links
When you click on links on our course site, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.
Changes to this Privacy Policy
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our site or course is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Questions & Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@brownswell.com
Legal Disclaimer – Not Professional Advice
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, and 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.
Legal Disclaimer – Technology
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 in order to participate fully in the Program.
Limitation of Liability
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 your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in the 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.
Assumption of All Risks
Participant recognizes that the Program may include psychological, social, and spiritual exercises that might be strenuous, stressful, and trigger physical, mental, psychological, and spiritual reactions, and accepts this possibility and the results of such releases and disorientations. Participant acknowledges that there are risks and dangers that cannot be eliminated, and even if a risk or danger could have been eliminated, this does not always occur. In consideration for being permitted to participate in the Program, Participant agrees to assume full responsibility for all risks, injuries, or damages, even those caused by the negligent acts or conduct of the Provider, its owners, employees, and/or agents, both
Disclaimer of Warranties
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 in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavors to provide content that is correct, accurate, and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.
Release & Indemnity
The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents, and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents, or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your 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 your use of the Program or otherwise relating to this Agreement (including any breach by you 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 your use of the Program or its content.
Customer Service Requests
If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs please e-mail us at info@brownswell.com.
Entire Agreement
This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.