AGREEMENT TO TERMS OF SERVICE
Effective Date: July28, 2023
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOURWAY COACHING SERVICES. (“YOURWAY”, “WE” OR “US”) AND “YOU”. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SERVICES PROVIDED BY AND THE WEBSITE LOCATED AT THE URL <HTTP://YOURWAYCOACHINGSERVICES.CA…> (AS WELL AS ALL ASSOCIATED SITES LINKED TO <HTTP://YOURWAYCOACHINGSERVICES.CA…> BY YOURWAY, ITS SUBSIDIARIES, AND AFFILIATED COMPANIES) (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE ANY PLATFORM THAT YOURWAY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
ABOUT US
At our company, we specialize in providing individual coaching for those struggling with depression, stress, anxiety, low self-esteem, addiction, and even suicidal thoughts. We understand that mental health is just as important as physical health, and we strive to help our clients achieve a more balanced and fulfilling life.
Our team is made up of experienced and compassionate coaches who are dedicated to helping our clients overcome their mental health challenges. We offer personalized coaching services that cater to each client’s unique needs and circumstances, ensuring that they receive the support and guidance they need to thrive.
OVERVIEW
This document contains important information that you need to consider before using YOURWAY COACHING SERVICES. These Terms of Service provide the terms and conditions (“T&Cs”) governing your access to and use of each service of YOURWAY COACHING SERVICES.(“Yourway),” “we,” “us,” or “our”) identified in these terms and conditions (individually a“Service” and collectively, the “Services”), and is an agreement between Yourway coaching services and you or the entity you represent (“you”). These Terms and conditions take effect when you click the “ACCEPT” button or check box presented with these T&Cs or, if earlier when you use a Service (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). Proper terms as used herein have the meaning given to those terms as set forth in these Terms and conditions and any portion thereof.
INTELLECTUAL PROPERTY RIGHTS
This Site is protected by copyright and other intellectual property laws. As a condition of your use of this Site, you warrant that you are 18 years of age or older. You agree to comply with all applicable laws regarding your use of the Site. This Site is not intended for children or any person under the age of 18. We do not knowingly collect the information of anyone under the age of 18.
Clients shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libellous, threatening, abusive, hateful, or contains pornography. Clients shall not interfere with other clients’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Clients may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All clients represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their clientship, is true and accurate and not misleading.
USER REPRESENTATIONS
By using the site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these terms of use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the site for any illegal or unauthorized purpose; and (7) your use of the site will not violate any applicable law or regulation.
We reserved the rights to reschedule or cancel appointment at our discretion,an email will be forwarded to you with the necessary information suggesting new available appointment dates.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof), registration as a user; application of terms to you; your account. you become a user of services (“user”) by completing the registration of an account for services (“account”). this agreement takes effect as soon as you indicate your acceptance of these terms. you may not become a user if you are under the age of 18. Services are not intended for persons under 18 and the company will not knowingly collect personal information from persons under the age of 18.
When registering an account, you agree to provide only true, accurate, current, and complete information requested by the registration form (the “registration data”) and to promptly update the registration data thereafter as necessary. the registration data may include personally identifiable information such as your email address, name, phone number, postal address, personal data relating directly or indirectly to you, practicable for the identity of you, and other information. Your submission of registration data through the services is governed by company’s privacy policy (the “privacy policy”), which we strongly advise and require you to read before using the services.
You represent that you are not barred from using the services under any applicable law and that you will be responsible for all activities that occur under your account. you agree to monitor your account to restrict its use by minors and other unauthorised users and agree not to share your account or password with anyone. you further agree to notify the company immediately of any unauthorised use of your password or any other breach of the security of your account and to exit from your account at the end of each session. you agree not to create an account using a false identity or alias or if you previously have been banned from using any of the services. you further agree that you will not maintain more than one account for the same company service at any given time. the company reserves the right to remove or reclaim any usernames at any time and for any reason. you acknowledge and agree that you have no ownership or other property interest in your account and that all rights in and to your account are owned by and inure to the benefit of the company.
PRICES POLICY
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel Your Order.
PAYMENTS
All services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (Stripe, PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order. Payment plans are ONE TIME PAYMENTS divided over time, not to be confused with monthly subscriptions. Once service has been rendered, monthly payments are non-refundable and expected to continue until the full payment amount has been collected. Cancelled payments will be treated as delinquent and the collection process, including but not limited to litigation, will be determined on a case-by-case basis.
SUBSCRIPTION PERIOD
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
SUBSCRIPTION CANCELLATIONS
You may cancel Your Subscription renewal either through Your Account settings. Profile -> Billing -> Cancel Subscription. You will not receive a refund for the fees. You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
BILLING
You shall provide the Company with accurate and complete billing information including full name, address, Province, Postal code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
FEE CHANGES
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
REFUNDS
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- sends you one or more formal warnings;
- temporarily suspends your access to our website;
- permanently prohibits you from accessing our website;
- block computers using your IP address from accessing our website;
contact any or all your internet service providers and request that they block your access to our website;
- commences legal action against you, whether for breach of contract or otherwise.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
NON-DISCLOSURE OF COACHING MATERIALS
Material given to Client in the course of Client’s work with us is proprietary, copyrighted, and developed specifically for Yourway coaching services. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
CONTRACTING PARTY
For any interaction with Services, your contractual relationship is with the Company. Except as otherwise indicated at the time of the transaction, any transactions you make on Services are being made from the Company.
TERMINATION
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. We reserve the right to terminate and delete your account if you haven’t accessed our Services for an extended period of time.
WARRANTY AND LIABILITY DISCLAIMER
THIS SITE AND THE INFORMATION ON THIS SITE IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY US AND WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT THIS SITE, ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION ON DAMAGES
IN NO EVENT SHALL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THIS SITE.
LIMITATION OF LIABILITY
You also acknowledge that a variety of actions by Yourway, yourself, or third parties may impair or prevent you from accessing Your Information or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that Yourway has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any of Your Information. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services. Yourway does not warrant that your use of the Services will be uninterrupted or error-free.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YOURWAY, ITS AFFILIATES, AND THEIR OWNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOURWAY COACHING SERVICES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL YOURWAY’S, ITS AFFILIATES’, OR THEIR OWNERS’, OFFICERS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’, SUPPLIERS’, OR CONTRACTORS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES.
INDEMNIFICATION
You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees brought by third-parties as a result of your breach of these Terms; your violation of any law or the rights of a third-party; or your use of this Site.
GOVERNING LAW
These Terms and the relationship between you and yourway coaching services (including any dispute) shall be governed in all respects by the Ontario and Canadian jurisdiction and laws as they apply to agreements entered into and to be performed entirely within Canada, without regard to its conflict of law provisions.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the Canadian Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Yourway with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.
WAIVER, SEVERABILITY & ASSIGNMENT
Our failure to enforce a provision of these Terms is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.