Terms and Conditions
PLAIN ENGLISH TERMS (LEGAL TERMS BELOW)
This course is not therapy. It is an education resource that is not a substitute for therapy. If you are having suicidal, self-harm, violent, or other potentially dangerous thoughts, you need to seek immediate medical attention and should contact emergency medical help so they can provide the support you need.
You are buying this course for your own, personal use. Don’t copy it, sell it, share it, or otherwise distribute it.
Buying the course doesn’t give you any rights to the material. The Nest Counselling Services retains all copyrights.
If you do sell, share, or distribute any materials from this course, The Nest Counselling Services could be financially harmed, and therefore has a right to pursue damages from you.
In order to get a refund (if applicable for your course purchase), you must complete a substantial portion of, and show evidence of completing a substantial portion of, the course in 5 days of receiving access to module 1, and then provide your reasons for requesting a refund in writing (connect@nestcounselling.ca). We reserve the right to discuss your request with you before awarding a refund.
LEGAL TERMS
Terms and Conditions - This agreement (the “Agreement”) is between The Nest Counselling Services (the “Provider”) and you (the “Participant” or “you”); (each party collectively as “Parties”) WHEREAS the Provider agrees to provide the Participant with access to the course (“the Course”) under the following terms and conditions. By purchasing the Course the Participant agrees to be bound by the following terms and conditions.
Term - the Term of this Agreement shall commence on the day the Participate purchases the Course (the “Effective Date”), and be considered effective in perpetuity, unless it is terminated by the Provider.
Limited License & Transfer of Intellectual Property - by purchasing the Course, the Participant acknowledges they are granted a single, non-transferable, non-commercial, personal-use license to all the materials provided by the Provider (the “Material”). The Participant may not offer, for free or for sale, any of the Material provided in any format. No license to sell or distribute the Provider’s materials is granted or implied. Downloads and duplications, whether digitally or physically, are permitted solely for your personal use.
Not Therapy Professional Disclaimer- While Provider is a relationship therapist, she is not your relationship therapist and is providing the Course as an educator only. Client understands and agrees that in using the Course, Provider is not providing individual counseling, therapy or relationship advice and any information provided is for general information and educational purposes only. The Services are not intended to be construed as medical advice or intended to replace individual counseling or therapy. If Participant is experiencing any imminent feelings of self-harm, violence towards or from others, etc, they should seek immediate emergency medical attention so they can receive an appropriate level of support.
Refunds and Cancellation - the Provider allows the Participant a time-limited money-back guarantee. To claim a refund under this guarantee, the Participant must complete a substantial portion of, and show evidence of completing a substantial portion of, the course in 5 days of receiving module 1, and then provide your reasons for requesting a refund in writing (connect@nestcounselling.ca). We reserve the right to discuss your request with you before awarding a refund.
Copyright - All intellectual property, including the Provider’s Material, copyrighted or not, shall remain the sole property of The Nest Counselling Services.
Confidentiality - Throughout the Term of the Agreement, confidential information (“Confidential Information”) will be shared by both Parties. Both Parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions outside of the scope of fulfilling this agreement. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully received from a third party. Participant shall not reveal any information to a third party obtained in connection with this Agreement.
Force Majeure - in the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of facilities or infrastructure, threats or acts of terrorism, labour strike, civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Parties to perform it’s obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Severability & Waiver - in the event that any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall continue to be valid and in full force. The failure of either Party to exercise any right provided in this Agreement will not be deemed a waiver of that right or any further rights hereunder.
Terms Updates - the Provider reserves the right to update the Terms from time to time. Notice will be provided to the Participant via the online course portal, or via the email address with which they subscribed to the course. Participant will have 30 days from the time of notification to dispute any updates to the Terms, before they are deemed to have been accepted.
Miscellaneous Limitation of Liability - Participant agrees that they are using the Providers Course at their own risk, and that the Course is only an educational service being provided. Participant releases the Provider from any claims arising from any agreements, past or present, between the parties. Participant accepts any and all risks, foreseen or unforeseen. Participant agrees that the Provider will not be held liable for any damages of any kind resulting from or arising out of (including, but not limited to); direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Provider’s Course.
Non-Disparagement - In the event that a dispute arises between the Parties, the Parties agree and accept to resolve the dispute privately and between themselves. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage each other.
Assignment - This Agreement may not be assigned by either Party without the express written consent of both Parties.
Indemnification - Participant shall defend, indemnify, and hold harmless the Provider and it’s officers, employees, contractors, directors, related entities, trustees, affiliates, and successors from any and all claims and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Course, excluding, however, any such expense and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by the Provider. Participant shall defend the Provider in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Provider’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Provider.
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 Department of Justice. Participant agrees to negotiation and mediation before arbitration. 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 judgement of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Participant, Participant is responsible for any and all arbitration and attorney fees.
Equitable Relief - In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Governing Law - This Agreement shall be governed by the laws of the Province of British Columbia, Canada.
Entire Agreement - This Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained herein.