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TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our clients and customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of www.kapriconsulting.ca (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Kapri Consulting, the website’s owner and operator, upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time on this page (www.kapriconsulting.ca/termsofuse). Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on this site is and shall continue to be the property of Kapri Consulting or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
5. Trademarks. Kapri Consulting, www.kapriconsulting.ca, and others are either trademarks or registered trademarks of Kapri Consulting. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Personal and Non-Commercial Use of Website. The Site is for your personal and non-commercial use, unless otherwise specified. You may not use any services or information provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Kapri Consulting. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Site.
7. Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
8. Indemnification. You agree to indemnify and hold the Site, Kapri Consulting, and its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, independent contractors and consultants (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
9. Disclaimer. The use of this Site is at your sole risk. The Website and any information or service provided through the Site is provided on an “as is” and “as available” basis. Kapri Consulting expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kapri Consulting makes no warranty that (1) the website will meet your requirements, (2) the website, and any information or service provided by the site, will be uninterrupted, timely, secure, or error-free, (3) the results of using the website, and any information or service provided by the site, will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained through your use of the website will meet your expectations, or (5) that any errors in any software utilized by the website will be corrected.
10. Limitation on Guidance Given to Client: Client understands and agrees that Coach is not licensed or trained as a doctor, therapist, psychologist or any other similar professional. Client acknowledges that Coach has not offered, attempted, or promised to provide Client with any services that require a professional license, and that Coach is not permitted, authorized, or expected to do so.
Coaching is never intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or psychological condition. Never disregard professional medical advice or delay in seeking it because of something you have read, heard or experienced during a coaching program.
The information and processes taught by Kapri Consulting and shared on our website are real and work. However, Kapri Consulting cannot, in any good conscience guarantee any outcome of financial gain from any programs, events, services, or information provided on our websites. We can teach you everything we know, but we can’t implement it for you. As it is in life, how far you go is up to you and your ability to implement what we teach you. It’s stipulated by law and our good intentions for you that we let you know this. Kapri Consulting provides the most cutting-edge training on the market and it’s up to you to make it happen.
11. Limitation of Liability. Kapri Consulting, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, independent contractors, consultants, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, loss of data, pain and suffering, emotional distress, or similar damages, even if Kapri Consulting has been advised of the possibility of such damages, such damages were reasonably foreseeable or Kapri Consulting was grossly negligent. In no event will the collective liability of Kapri Consulting and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, regardless of the form of action (whether in contract, tort, or otherwise), exceed the greater of $100 or the amount you have paid to Kapri Consulting for the use of the website or any service it provides.
Making decisions based on any information presented in our products, events, services, or website, should be done only with the knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer or professional adviser before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Kapri Consulting, who can be reached as follows:
Address Line 1
Address Line 2
City, Province, Country
By Phone: +1 416-809-3955
By E-mail: [email protected]
15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16. Waiver. The failure of Kapri Consulting to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Kapri Consulting must be in writing and signed by an authorized representative of Kapri Consulting.
17. Termination. Kapri Consulting may terminate this Agreement at any time, with or without notice, for any reason.
18. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
20. Contact Information.
Address Line 1
Address Line 2
City, Province, Country
Phone: +1 416-809-3955
E-mail: [email protected]
If you are a minor (under the age of 18), you can use this service only in conjunction with the consent and under the supervision of your parents or legal guardians. If you are a minor, please do not submit any personal information to this website. IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THE SITE OR ANY OF ITS SERVICES FOR ANY PURPOSE
WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information capable of identifying an individual. It does not include anonymised data.
We may process the following categories of personal data about you:
(a) Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
(b) Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
(c) User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
(d) Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
(e) Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
(f) We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
HOW WE COLLECT YOUR PERSONAL DATA
We may receive data from third parties (based in the United States, in the EU, and based in other countries around the world) such as analytics providers such as Google, advertising networks such as Facebook, such as search information providers such as Google, providers of technical, payment and delivery services, such as data brokers or aggregators.
We may also receive data from publicly available sources including sources based in the United States and sources based in the EU such as Companies House and the Electoral Register.
OPT-OUT OR UPDATING YOUR DATA
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR by emailing us at [email protected] at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at [email protected] OR clicking on the update your information links on any marketing message sent to you.
OUR USE OF YOUR INFORMATION
(a) Promotional Use. Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business). We may use personal information about you to enhance our marketing and promotional efforts, and to improve our content and services. We may also use your information to deliver to you advertisements, new services and promotions, and other information to you that is targeted to your interests. You will have the ability to not receive such advertisements, promotions, notices and information by contacting Kapri Consulting and requesting to no longer receive such notices, or by clicking “unsubscribe” on any email.
(b) Administrative Notices. We may use your e-mail address, your mailing address, and phone number to contact you regarding administrative notices, new product offerings, and communications relevant to your use of the Site. You will have the ability to not receive such advertisements, promotions, notices and information by contacting Kapri Consulting and requesting to no longer receive such notices.
(c) Dispute Resolution. We may use information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems and enforce our Terms and Condition Agreement.
OUR DISCLOSURE TO THIRD PARTIES
We do not sell or rent any personally identifiable information about you to any third party. We use practices that are consistent with standards in our industry to protect your privacy. We cannot, however, promise that your personally identifiable information or private communications will remain private. For example, third parties may unlawfully intercept or access transmissions or private communications on our website. The following describes some of the ways that your personally identifiable information may be disclosed:
(a) Disclosures Required by Law. We reserve the right at all times to disclose any information about you as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials on the Site. By accepting this agreement you waive all rights and agree to hold us harmless from any claims resulting from any action taken by us during or as a result of any investigations and/or from any actions taken as a consequence of any investigation by either us or law enforcement authorities.
(b) Advertisers. We disclose aggregate information about our users to advertisers and for other marketing and promotional purposes. However, we do not disclose any personally identifying information to any of these entities.
(c) Third-Party Suppliers. We may use third party suppliers to assist us in providing the services available on an outside website. We impose contractual restrictions on the use by our third party suppliers of information concerning you, and we do not permit third party suppliers to sell your information to other third parties.
(d) Professional Advisers. We may share your personal data with professional advisers including lawyers, bankers, auditors and insurers.
(e) Service Providers. We may share your personal data with outside service providers who provide IT and system administration services, or general administrative services, or specialized services to support our business or customers.
(f) No Spam. The Site does not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add The Site or Kapri Consulting, including its agents and employees, to your mail list (e-mail or physical mail) without their express consent after adequate disclosure.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
DISCLOSURES YOU MAKE TO THIRD PARTIES.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.
In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
For people residing with in the EU, you can see more about these rights at:
If you wish to exercise any of the rights set out above, please email us at [email protected]
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
If you are not happy with any aspect of how we collect and use your data, you have the right to file a complaint. We would be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.