VITALITY LEADERSHIP GROUP
Terms and Conditions of Use
*Please read the following terms attentively.
1. APPLICATION AND ACCEPTANCE
1.1 The terms and conditions of use hereof (the “Terms”) constitute the user agreement between you and Vitality Leadership Group (“VLG”) of VLG’s website and Service (as defined hereunder) (the “Site”). By using the Site or subscribing to the Service, you acknowledge that you read and understood the provisions, that you are at least sixteen (16) years old and that you fully agree to be bound by the Terms. For the purposes of the Terms, a “user” refers to any person that is at least sixteen (16) years old using the Site, including a person who subscribes to the Service or uses it and a corporation, and its subsidiaries. If you do not have the authority required or if you disagree with any of the Terms, do not use the Site and the Service.
1.2 VLG reserves the right to modify all or part of the Terms at any time without notice. Users must review the Terms on a regular basis by visiting this page periodically. These updated Terms will be effective at the time of their publication on the Site by VLG. Therefore, the use of the Site or the Service after such modifications of the Terms will indicate your acceptance of the modified or revised Terms. If you consider the modified Terms unacceptable to you, your sole remedy is to stop using the Site and the Service.
1.3 VLG reserves the right to modify and improve the Service within the limits of commercial reasonableness. VLG is committed to inform the user of any important modification relating to the Service by any means, at its discretion, when being requested by the user.
2. DESCRIPTION OF THE SERVICE
The services provided by VLG consist of coaching, live events, retreats, conferences, online courses, blogs, articles, webinars, including selling various products relating to such services, with respect to the personal and professional development (the “Service”). Any new functionality added or completing the Service will be subject to the Terms.
3. GENERAL CONDITIONS AND USE OF THE SITE
3.1 VLG provides the user full access and use of the Site for personal and professional purposes only, in accordance with the Terms. You agree that the Site and its content are intended to residents of Canada only. The user agrees that it is strictly prohibited: (i) to grant licenses or sub-licenses, to sell, to resell, to rent, to lend, to transfer, to assign or operate the Site or to commercially exploit it by any means or to make it available to a third-party in any way other than those expressly authorized by the Terms; (ii) to use the Site for the purpose of data processing on behalf of a third-party; (iii) to use illegally or in a way that may disrupt or alter the integrity or efficiency of the Site. The Site must be used for legal purposes only.
3.2 The user acknowledges that it is strictly prohibited to change, alter, adapt, hack and obtain an unauthorized access to private sections and tabs of the Site and to systems or networks used by VLG. Moreover, the user will not act in a way that would be likely to disrupt or alter the operation of the Site, including the Service, or any networks and servers relating to the Site.
3.3 The user takes full responsibility of the online information, databases, texts, messages and other content shared through the Service. The privacy of the user’s information, data, username and password remains the sole responsibility of the user, as well as any activity pursued under his username or user account.
3.4 VLG reserves the right to access any user account to respond to requests of technical assistance. VLG is committed to maintain appropriate administrative, material and technical protection measures to protect the security, privacy, accessibility and integrity of the user’s databases. VLG will not disclose user’s data unless required by law or if the user expressly consents by writing. To that extent, please refer to the Privacy and Personal Information Protection Policy by clicking on the following: private policy.
3.5 The databases and the files delivered by the Service are kept in a browser and encrypted via the SSH protocol. The databases of the Site are encrypted via the SSL protocol (https). VLG ensures that access to these databases is limited to its employees and the employees of the storage and hosting provider to whom an access is necessary to operate the Site. VLG will make every reasonable effort to advertise users of disruptions of services on its Site.
3.6 Should VLG fail to enforce or to insist on the enforcement of any of the Terms, it shall in no event be construed as a waiver by VLG of any of its rights hereof. The user agrees that the Terms are a contract with VLG, the Terms govern the use of the Site, including the Service, and that it supersedes any previous contract, agreement or arrangement concluded with VLG.
3.7 General information provided on the Site is not intended to constitute or replace advice, diagnosis, treatment or professional medical care. The user must never disregard professional medical or psychological advice or delay in seeking it because of something on the Site. The user must see his doctor or psychologist or any other qualified health care practitioner before undertaking any new treatment, diet, physical exercise or psychological treatment.
3.8 It is strictly prohibited to use the Site or Service for medical or psychological emergencies. In case of an emergency, the user must contact a doctor, a psychologist, a qualified health care practitioner or dial immediately 911. Users shall never attempt to do self-care on the basis of the information available on the Site.
3.9 The general information available on the Site does not create a doctor-patient relationship or a psychologist-patient relationship between users and VLG, and is not intended to encourage anyone to become a patient of VLG.
3.10 VLG will not use the Site to communicate with the public: i) regarding questions on medical or psychological aspects, or ii) to establish doctor-patient relationship or psychologist-patient relationship. Email communications via the Site about these subjects will remain unanswered and will be deleted without being read. If a user wants to contact VLG for any questions on the Service, he is asked to contact VLG by phone or email at the following address: firstname.lastname@example.org.
3.11 All collection, use or disclosure of personal information provided by users in any communications must comply to the Privacy and Personal Information Protection Policy which can be consulted by clicking the following hyperlink: private policy.
3.12 The user acknowledges and understands that, despite security measures used and created by VLG, communications with VLG’s employees may be intercepted. Due to the risks mentioned below, VLG can’t guarantee the security and confidentiality of electronic communications:
3.12.1 The use of electronic communications to discuss delicate information may increase the risk of information disclosure to third parties;
3.12.2 Despite reasonable efforts to protect personal information and to ensure the security of electronic communications, it is not possible to totally secure this information;
3.12.3 VLG or any authority may have a legal right to inspect and keep the electronic communications received and transmitted through its system;
3.12.4 Electronic communications may be redirected, intercepted, revealed, saved or modified without the knowledge or the authorization of VLG or the user;
3.12.5 Even if the sender and the recipient delete electronic communications, there may be back-up copies into a computer system;
3.12.6 Electronic communications may be easily redirected, increasing the risk of unintended mailing to an unknown recipient;
3.12.7 It is impossible to verify the identity of the sender or ensure that only the recipient could read the e-mail once it is sent.
4. USER COLLABORATION
The user agrees to inform immediately VLG after becoming aware of unauthorized use of the Site or the Service or of any breach of security. At the request of VLG, as the case may be, the user agrees to collaborate in order to stop, prevent and resolve security problems or unauthorized use of the Site, including the Service.
5. USER ACCOUNT
5.1 In order to access the Service, users have to create an account. By doing so, users agree to: i) provide, in any subscription form, true, accurate, current and complete information, and ii) maintain and update without delay this information to ensure the information is true, accurate, current and complete. VLG reserves the right to suspend or terminate access to the Site or parts of the Site if VLG has reasonable grounds to believe that the information is false, incorrect, outdated or incomplete. VLG’s use of personal information provided by users when subscribing is governed by VLG’s Privacy and Personal Information Protection Policy which can be consulted by clicking the following hyperlink: ● private policy.
6. INTELLECTUAL PROPERTY
6.1 All right, title and interest relating to the Site, including the Service, and its components, including intellectual property rights, are and remain the exclusive property of VLG, subject only to the limited right of access and use expressly conferred pursuant to the Terms.
6.2 The trademarks “Vitality Leadership GroupTM” and “Vitalité Leadership GroupeMC” and VLG’s logos used or illustrated on the Site are trademarks, which are the exclusive property of VLG.
6.3 The Site content is protected by the Copyright Act (Canada), RSC 1985, c. C-42 and is the property of VLG, of owners having agreed upon a license in favor of VLG, or of an accredited party as a content provider, as the case may be. Except as granted in the limited license herein, any use of the content, including change, transmission, presentation, distribution, new publication or any other use of the Site or its content, in full or in part, is prohibited without the prior express consent of VLG.
6.4 Subject to the Terms, a limited, non-transferable and non-exclusive license is granted to user in order for such user to access the Site and use its content for personal purposes and non-commercial use. Users can download, keep and/or print one copy of the content for their personal use, as long as all copyrights and other proprietary notices are kept. Users are not allowed to copy or rebroadcast online articles of the Site. They should also comply with any additional requirements governing the use of specific content which may be followed on the Site. In the event of a conflict between the terms of a license governing specific content and the Terms, the terms of such specific license prevail.
7. HYPERTEXT LINKS – THIRD-PARTY WEBSITES
7.1 The Site may contain hyperlinks to third-party websites. These links are meant for convenience only and do not imply endorsement or approval by VLG. Unless specifically instructed, VLG does not operate third-party websites, is not responsible for the content of these websites and makes no representation or warranty, nor any commitment of any kind regarding third-party websites, including, without restricting the generality of the foregoing: i) no representation or warranty, nor any commitment concerning the legality, accuracy, reliability, completeness, currency or relevance of the content of third-party websites, ii) no representation or warranty, nor any commitment concerning the quality and/or adequacy for a particular purpose of third-party websites or material, content, software, products or services offered on third-party websites or available through these websites, and iii) no representation or warranty, nor any commitment indicating that the operation of these websites will be uninterrupted and free of errors, that the defaults or errors will be corrected or that these websites will be free of viruses or of any other harmful element.
7.2 VLG is not related to any third-party website that contains, displays or transmits illegal or indecent information of any kind, including, without restricting the generality of the foregoing: i) any content constituting or encouraging conduct that would constitute a criminal offense, that would incur civil liability or that would otherwise breach laws or regulations which could damage or harm VLG’s activities, exploitation, credibility and integrity, or ii) any website posting, publishing or transmitting material or information of any kind that violates the rights of others, including material that infringes the privacy or publicity rights of others, or protected by copyright, trademarks or other exclusivity rights. VLG reserves the right to prohibit or refuse to accept, at any time, any link to the Site, including links that contain information or content of the foregoing nature or which allow to have access to this content or information. Users whom insert a hyperlink to the Site on a third-party website in violation of the Terms will have to remove without delay the link, upon notice of VLG. VLG reserves the right to claim damages or to initiate any legal and injunctive proceedings.
Users agree to comply at any time to the terms and payment conditions of the Service. The payment by the user to VLG for the Service can be made by credit card, provided that the Site uses various online payment platforms such as PaypalTM. Users agree to comply to the terms and payment conditions of such online payment platforms used by VLG and acknowledge that the Terms are subject to the terms and conditions specifically applicable to the payment platforms used by VLG. VLG does not keep any nominal banking data of the user on its browser.
9. CANCELLATION AND TERMINATION
9.1 If the user agrees to receive information from VLG, he may change his mind later. Users can cancel the Service and close their account at any time by written notice to that effect at the following address: email@example.com. Users must not use any procedure other than the one mentioned above in order to cancel their account. At the user’s request, VLG is committed to provide a copy of the user’s databases in the event of the cancellation of the Service or the account closure. Users should be aware, however, that it is not always possible to completely remove or modify information in VLG databases and servers or in the records of any third party who has been provided with your information in accordance with the Privacy and Personal Information Protection Policy.
9.2 VLG reserves the right to: i) change or interrupt the Service (in full or in part), temporarily or permanently, ii) prohibit current or future use of the Site or close the account of users (in full or in part), and delete or remove the archived content of the Service for whatever reason in accordance with the appropriate laws and regulations, if VLG considers that the user breaches the Terms. VLG will make all necessary reasonable efforts to contact directly users before interrupting the Service or closing their account. Users agree that if VLG interrupts their account access, access to the Site or Service may be blocked too, as well as access to their account information, files and databases, subject to any requirements of applicable laws. VLG, at its own discretion, determines what constitutes a violation of this provision. Any illegal use of the Site, such as copyright infringement or use deemed inappropriate by VLG, at its entire discretion, legal or illegal, is a direct violation of the Terms and will cause the immediate cancellation and termination of the Service.
9.3 VLG does not have to act in a timely manner and any inaction on its part should not be interpreted as an acceptance of the prohibited use of the Site. VLG will not be liable to the user or any third-party if the Site is modified, interrupted or terminated.
10. DISCLAIMER OF WARRANTIES
10.1 While VLG attempts to provide accurate, precise and current information, no representation or warranty, express or implied, concerning the Site and its content, is made to the user about: i) the fact that Site’s content or accessible websites from the Site, or any other available articles on the Site or available through the Site, can be trusted and be used for a particular purpose, ii) the accuracy, completeness and reliability of the Site and its content for a particular purpose, iii) the fact that the operation of the Site will be error free or uninterrupted, iv) the fact that fault or error contained on the Site or its content, due to human or computer error, will be corrected, v) the fact that the Site is free of viruses and harmful elements, and vi) the fact that communications to or from the Site will not be accessible to third-party and/or will not be intercepted.
10.2 Although efforts are made by the employees of VLG to read and answer promptly to electronic communications, no guarantee is made about the response time.
10.3 Access to the Site is at the own risk of the user.
11. LIMITATION OF LIABILITY
11.1 VLG, its directors, officers, employees, agents, licensors and their respective successors and assigns shall never be held responsible for damages of any kind, including any loss or damage that results in material loss, physical injury, incorrect information, inappropriate treatment or other damage caused as the result of the use of the Site or the breach of the Terms during the use of the Site, from the content of the Site, the reliability given by the user, or his inability to use the Site, whatever the cause of the damage.
11.2 VLG shall not be held responsible for user’s actions, omissions or conduct when using the Site, or for any advertisement of a third party appearing on the Site. VLG, its directors, officers, employees, agents, licensors and their respective successors and assigns shall never be held responsible for damages or losses of any kind, direct or indirect.
11.3 VLG limits its liability to the maximum extent permitted by applicable laws.
The user hereby agrees to indemnify, defend and release VLG, its directors, employees, agents, licensors and their respective successors and assigns from all claims, actions, proceedings, damages, penalties and expenses of any kind whatsoever, including legal expenses and fees of its legal counsel, related directly or indirectly to his use of the Site, arising from his breach of the Terms, or resulting from his trust of the information that the Site contains, his inability to access the Site, including websites available through the Site.
13. ACT OF GOD
In no event shall VLG be held liable for any default or delay in the performance of the Service caused by war, act of hostility or computer sabotage, natural disaster, failure of an electrical grid, Internet network or telecommunications system or any other event beyond its control. VLG is committed to make all reasonable efforts in order to mitigate the effects of any such events.
14. ASSIGMENT AND SUBCONTRACTING
VLG reserves the right to assign or transfer the Terms, in full or in part, without limitations. Hereby, VLG may assign its rights or obligations, in full or in part, to subcontractors, at any time, without limitation or obligation to obtain any consent.
15. CONTENT PUBLISHED BY USERS
15.1 The Site may offer functions that allow users to display messages or content in designated sections, to participate to discussion groups, to interact with VLG and other users and to upload files, documents and other material (the “Publications”). VLG does not monitor the Publications or does not have the duty to monitor such Publications. However, VLG reserves the right, at any time, to disclose information to respect laws, regulations or government requests, or to edit, refuse to display or remove Publications, in full or in part, at its entire discretion, reprehensible or contrary to laws or violating the Terms. The user agrees that he is responsible for the content of his Publications and its consequences.
15.2 By posting, uploading or submitting Publications on the Site, the user freely grants VLG a non-exclusive, perpetual, irrevocable, unlimited and international license allowing VLG to: i) use, copy, keep, adapt, translate, change, transmit, distribute, execute or display these Publications, or make derivate works with it, for any purposes, and ii) consent to grant, by a license of use to third-parties, the unlimited right to exercise the above rights. In addition to providing the license herein, the user waives to moral rights relating to his Publications in favor of VLG, he agrees that VLG’s name or email identifies VLG as the author of the Publications and he consents to the disclosure or display of this information and to any other information that appears on his Publication. The user agrees and accepts to exempt VLG from all liability concerning his Publications.
15.3 When the user uses features of the Site that allows him to display, upload or publish, he does it at its own risk and must not:
15.3.1 reduce or hinder the use and enjoyment of the Site by another user or interfere or attempt to interfere the proper functioning of the Site or anything that, at the entire discretion of VLG, imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
15.3.2 transmit or communicate material, information or data which violates laws and regulations, to display or transmit illegal, abusive, defamatory or obscene information, including Publications that constitute or promote criminal offence or give rise to civil liability or that violate local, state, provincial, territorial, national or international laws or regulations;
15.3.3 display or transmit Publications, including articles, pictures, stories, software or any other material, that violate or infringe the rights of third-parties, including material that infringes privacy or publicity rights of others, or protected by intellectual property rights such as copyright, patent, trade secret, trademark or any right related, without prior consent of rights holders;
15.3.4 display or transmit Publications containing virus or other harmful component;
15.3.5 display or transmit spam, chain letters, junk or unsolicited bulk email;
15.3.6 use the Site for commercial purposes, including displaying, uploading or transmitting Publications that contain advertising which causes activities, solicitation or commercial sales or that includes contests, lottery, advertising or pyramid schemes.
16. APPLICABLE LAW
16.1 The Terms and the relationship between the user and VLG pursuant to the Terms shall be governed by and construed in accordance with the laws of the Province of Quebec (Canada) without regard to conflicts of law principles. The user hereby expressly agrees to be subject to the jurisdiction of the courts of law of the Province of Quebec (judicial district of Quebec) for litigation resolution purposes relating to the Terms. Notwithstanding the above, the user agrees that VLG remains allowed to initiate proceedings in injunction (or any other equivalent emergency measures) before any competent authority.
16.2 If a court of competent jurisdiction holds any provision or part of the Terms to be invalid, this provision will be removed from the Terms without amending any other provision. All the other Terms will remain in full force and effect.
The Terms, and any document incorporated herein by reference, constitute the entire agreement between the user and VLG. In case of any discrepancy between the French and English versions of the Terms, the French version shall prevail.
The following e-mail address is dedicated to support and technical assistance: firstname.lastname@example.org.