THE TERM "SERVICE" WILL BE USED TO REPRESENT ALL OF the SERVICES, RESOURCES, PRODUCTS AND PROGRAMS THAT are owned and operated by TMH Business coaching & Consulting (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.
USE AND CONSENT
Intellectual Property Rights
All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement, will be the property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
Upon completion of a program, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
By participating in our Programs, and using our Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. we reserve THE RIGHT TO IDENTIFY YOU AS THE AUTHOR OF ANY OF YOUR COMMENTS, POSTS, PHOTOS, IMAGES, VIDEOS OR OTHER CONTRIBUTIONS BY YOUR FIRST NAME. while maintaining Confidentiality as listed in these terms & Conditions. we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program in any current or future program, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
you agree that you are using your own judgment by using our Services and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Services.
Our Services are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability from lost profits, personal or business interruptions, misapplication of information, physical, mental or emotional damages. loss of income or revenue, and/or loss of business. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct.
We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, email communications, videos, audio recordings, downloads, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, to allow for repairs, maintenance or updates, we have no control over when these updates will occur. THerefore We will not be liable to you for damages or refunds, or for any other recourse, should our Services become temporary inaccessible to you for any reason.
Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, stockholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement.
In the event a dispute arises out of or in connection with these terms & conditions, the Parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period of 30 days then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable, if neither party wishes to participate in mediation, or mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Province of Alberta. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the Province of Alberta.
Payment & Refunds
If paying by debit card, or credit card, the client gives us permission to automatically charge their credit or debit card as payment for our service without any additional authorization. We offer a 30-day money back guarantee. The 30-day period commences on the date of your invoice. There will be no refund, partial or full, after the 30 day period. Refunds of the Business Accelerator Program are only applicable if you have implemented all of our recommendations and they have not, nor do you reasonably believe they will in the future, produce at LEAST the amount you invested in coaching. If in 30 days you have increased your revenue by the amount you invested with TMH Business Coaching or more, there will be no refund.
*Proof that you implemented the recommendations will be required.
**Guarantee is void if business operations are suspended due to circumstances outside of your, or our, control.
***Void where prohibited.
Confidentiality and Privacy.
Confidential information (the "Confidential Information") refers to any data or information relating to your business which would reasonably be considered to be your proprietary including, but not limited to, accounting records, business processes, and client records and that is not generally known in the your industry and where the release of that Confidential Information could reasonably be expected to cause harm to you. We will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which we have obtained, except as authorized by you or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement. All written and oral information and material disclosed or provided by you under this Agreement is Confidential Information regardless of whether it was provided before or after you using our service or how it was provided to us. We ask for various personal data and/or Confidential Information to understand your needs and provide you with better services.
Viewing by Others.
Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
IF YOU HAVE A QUESTION OR CONCERN ABOUT YOUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS, YOU MAY CONTACT US AT OFFICE@TMHBUSINESSCOACHING.COM AND WE WILL DO OUR BEST TO RESPOND PROMPTLY.