YSU Terms and Conditions
These terms and conditions (the "Terms and Conditions") govern the use of www.ysu.ca (the "Site") and its services.
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.
INTELLECTUAL PROPERTY
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, Products and Materials 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 Client a limited, revocable, royalty-free, non-exclusive, non-transferable license for the service period to use the Materials solely for Client’s personal and/or 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.
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 coaching, training, mentoring and consulting
Under the terms of this Agreement, clients retain YSU and YSU accepts retainers, to perform Services as more particularly described in a Service Proposal. YSU will provide all necessary materials for the delivery of the Services.
- Group or Customized Training
Under the terms of this Agreement, clients retain YSU and pay for services post-delivery. Service details are more particularly described in a Service Proposal. YSU will provide all necessary materials for the delivery of the Services.
Travel Expense Fees
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 Canada Revenue Agency Travel Directives, and any out-of-pocket parking fees.
https://www.canada.ca/en/revenue-agency/corporate/about-canada-revenue-agency-cra/travel-directive.html
- Air and Rail
YSU will charge the client for actual expense 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
https://rehelv-acrd.tpsgc-pwgsc.gc.ca/hebergement-accommodation-eng.aspx
and claim the actual expense as indicated on the paid receipt.
- Per Diem/Meals
YSU will claim meals in accordance with consistent with Canada Revenue Agency Travel Directives for the entirety of the travel period. The Client will not be charged for meals provided by the Client nor will the Client be charged for incidentals.
The total cost of the Services is set out in a mutually agreed upon Service Proposal. Upon execution of Agreement, YSU will submit an invoice to Client for the Fee. The Fee excludes all applicable sales and use taxes, and Client will pay and YSU will remit same to all applicable taxing authorities as required by law.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock.
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.
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.
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.
WARRANTIES
YSU warrants:
- Caterina Perry is an expert in the field of professional consultation, leadership development and training and has and will have, during any service period, the technology, personnel and systems necessary to perform its obligations under any Agreements;
- Caterina Perry will perform 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 organizations 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 obligations under any 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 any Service Agreement.
The representations and warranties of YSU in this Article 5 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.
LIMITATION OF LIABILITY
Your Success Unlimited Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site and/or our products and services.
INDEMNITY
Except where prohibited by law, by using this Site you indemnify and hold harmless Your Success Unlimited and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
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 our Site 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]
613-402-9780
You can also contact us through the contact link on our Site.
Date last updated: 4th day of August, 2023