YSU Terms and Conditions
Website and YSU Service Platform
This Site is owned and operated by Your Success Unlimited Inc (YSU). This Site is an e-commerce website. By using this Site or accessing services, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up-to-date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods and Services
These Terms and Conditions govern the sale of goods and services available on our Site. The following goods are available on our Site:
- Courses
- Books
Products will be paid for in full when ordered unless alternate arrangements have been agreed upon.
The following services are available on our Site:
- Private support constituting coaching, training, mentoring and consulting
Under the terms of this Agreement, Client retains YSU and YSU accepts such retainer, to perform the Services as more particularly described in the Service Proposal. YSU will provide all necessary materials for the delivery of the Services.
Pricing and Payment Terms
The total cost of the Services is set out in the Service Proposal.
Upon mutual agreement of proposal details, YSU will submit an invoice to the Client for the Fee. The Fee excludes all applicable sales and use taxes. The Client will pay and YSU will remit same to all applicable taxing authorities as required by law.
YSU will only commence preparation and delivery of Services once the Fee is paid in full (unless YSU-client agreed upon payment terms have been agreed upon). All materials required for the Services will be included in the Fee (the “Materials”).
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal;
- e-transfer; and
- in some cases, invoicing.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Travel Expenses
YSU will charge the Client for legitimate and reasonable travel expenses as part of the fee for on-site services and in so doing will endeavour to seek out the most economical and reasonable travel arrangements, taking into account such matters as total travel time and convenience of travel times.
- Use of personal vehicle
YSU will charge a per-kilometre rate consistent with current CRA Kilometric Rates, and any out-of-pocket parking fees. The YSU starting point varies according to the YSU team member.
- Air and Rail
YSU will charge the client for actual expenses as indicated on the ticket(s) purchased, including any taxi, car service or personal parking fees.
- Accommodations
YSU will select accommodations listed on the Government of Canada Accommodation Directory and claim the actual expense as indicated on the paid receipt.
https://rehelv-acrd.tpsgc-pwgsc.gc.ca/hebergement-accommodation-eng.aspx
- Per Diem/Meals
YSU will claim meals in accordance with Travel in Canada Government of Canada rates for the entirety of the travel period. The Client will not be charged for meals provided by the Client.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it.
All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Term and Termination
Service Proposal services commence on the date the Service Proposal is accepted as set forth above and will expire upon the conclusion of services as noted in the Service Proposal unless terminated by mutual agreement. In the event that Client decides to terminate the Agreement after commencement of Services, Client will provide 10 days written notice to YSU. YSU shall provide a prorated refund of amounts pre-paid by the Client for services not yet rendered on the date of termination.
Either party will have the right to terminate this Agreement upon written notice to the other party if the other party defaults in the performance or observance of any of its obligations under this Agreement and fails to cure such default within five (5) business days of receipt of notice of default.
In the event that Client terminates this Agreement due to YSU’s failure to remedy a breach, YSU shall provide a pro-rated refund of the pre-paid Fee for Services not yet delivered on the date of termination. In the event that YSU terminates this Agreement due to Client’s failure to remedy a breach, Client is not entitled to any refund of the pre-paid Fee.
Third-party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Intellectual Property
Website visitors and Clients acknowledge that all right, title and interest, including all intellectual property rights (which include without limitation, any and all rights relating to patents, trademarks, copyrights, software, trade secrets or other intellectual property registered or recognized in Canada or elsewhere), in and to the Services, the Materials and the program remain with YSU and it’s site/content creators. It also includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Subject to the terms, YSU grants Clients a limited, revocable, royalty-free, non-exclusive, nontransferable license for the term of this Agreement to use the Materials solely for Client’s internal business purposes and for no other purpose.
For greater certainty, sharing of the Materials with any third party is strictly prohibited. Client shall not without the prior written consent of YSU, resell, lease, sublicense, loan or transfer any of the Materials (except as expressly permitted elsewhere in this Agreement) to any other person or entity, or use such information to create any similar program. Client shall not change, alter, modify, edit, redact, adapt, translate or create derivative works using the Materials.
The Client will have the right to use the Materials solely for its own personal use. For greater certainty, sharing of the Materials with any third party is strictly prohibited. Client shall not without the prior written consent of YSU, resell, lease, sublicense, loan or transfer any of the Materials (except as expressly permitted elsewhere in this Agreement) to any other person or entity, or use such information to create any similar program. Client shall not change, alter, modify, edit, redact, adapt, translate or create derivative works using the Materials.
Representations and Warranties
YSU warrants to Client as follows:
- YSU is an expert in the field of professional coaching, leadership development and training and has and will have, during the service period, the technology, personnel and systems necessary to perform its obligations under this Agreement;
- YSU will perform the Services in a professional and workmanlike manner and in accordance with the highest industry standards;
- YSU will maintain insurance with responsible insurers against such risks and in such amounts that could reasonably be expected to be carried by persons acting prudently and in a similar business to that of YSU; and
- YSU will ensure that it has and will maintain in good standing, and will cause each of its personnel who perform any part of the Services to have and maintain in good standing, all required licenses, consents, approvals and permits from any person necessary to perform YSU obligations under this Agreement, and YSU will and will cause each of its personnel to comply with all laws, rules, regulations and industry and governmental standards existing in Canada in the performance of YSU’s obligations under this Service Agreement.
The representations and warranties of YSU hereof are in lieu of all other warranties or conditions pertaining to the Services, whether written, oral, statutory or implied, including without limitation, all warranties or conditions of merchantable quality or fitness for a particular purpose.
Refunds
Refunds for Goods: Refund requests must be made within 30 days after receipt of your goods.
Refunds for Services: All services sold on our Site are non-refundable. If services have been prepaid, customers are eligible for a prorated refund.
Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Indemnity and Limitation of Liability
Client hereby agrees to indemnify and hold YSU and its directors, officers, employees, successors and assigns harmless from and against any and all losses, costs, claims, damages or expenses arising out of Client’s use of the Materials, which is not in compliance with this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YSU BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF YSU FORESEES OR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUES, LOST DATA, LOST REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND. ANY CLAIM FOR DIRECT DAMAGES AGAINST YSU SHALL BE LIMITED TO DIRECT PROVABLE DAMAGES NOT TO EXCEED, IN ANY EVENT, THE AMOUNT PAID BY CLIENT TO YSU HEREUNDER. THE LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN.
Confidential Information
Each party shall preserve as strictly confidential and proprietary all information and material, whether or not marked as confidential, including but not limited to client information, materials, data, strategic plans, financial information, personnel files, customer (or potential customer) lists, intellectual property, or other information that the other party may provide to receiving party, or the receiving party may receive, in connection with the Agreement (collectively "Confidential Information").
The provisions of this Article will not apply to any information that: (i) the receiving party can establish, by documentary evidence, was already known by it at the time of initial disclosure by the disclosing party; (ii) is or becomes publicly known through no wrongful act of the receiving party; (iii) is rightfully received from a third party without similar restriction provided that the third party did not come into possession of the Confidential Information as a result, directly or indirectly, of a breach of an obligation of confidentiality owed by any person to the disclosing party; (iv) the receiving party can
establish, by documentary evidence, was independently developed by or on behalf of the receiving party without reference to the disclosing party; or (v) is approved for release by written authorization of the disclosing party.
The receiving party acknowledges and agrees that any disclosure of Confidential Information to its competitors, suppliers, customers or employees, or to the general public, would be highly detrimental to the interests of the disclosing party. The receiving party shall hold the Confidential Information in strict confidence, and only use the Confidential Information for the purposes of carrying out its obligations pursuant to this Agreement. The receiving party agrees that in the event of a breach or threatened breach of this Article, the disclosing party may be irreparably harmed such that
monetary damages will not adequately compensate for its injuries. In the event of any such breach, the disclosing party shall be entitled, in addition to any rights or remedies it may have at law or in equity, to temporary and permanent injunctive relief issued by any court of competent jurisdiction.
Relationship of Parties
YSU will perform its obligation under this Service Agreement as an independent contractor. Nothing herein will be construed to place YSU or Client in a relationship of principal and agent, partners or joint venturers, and neither YSU nor Client will have the power to obligate or bind the other in any manner whatsoever.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions.
All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate YSU, and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows: [email protected] or by telephone at 613-402-9780
Date last updated: 27th day of October, 2024