TERMS AND CONDITIONS
These terms and conditions apply to the sale of any virtual course, online course, virtual coaching, online coaching, and/or in-person course. If you do not agree to these terms and conditions you must cease to continue to purchase any Training from us.
If there is any conflict between our website terms and conditions, these terms and conditions and any course specific terms and conditions which might apply then the conflict shall be resolved by applying the following order of priority:
- Course specific terms and conditions;
- These standard terms for the purchase of virtual, online course, and/or in-person course.
- Website terms and conditions
“Confidential Information” means non-public information disclosed to the receiving party whether in writing, orally, electronically, by or on behalf of the disclosing party, which the disclosing party designates as being confidential information, or which under the circumstances of disclosure, ought to be treated as confidential.
Confidential Information shall include, but is not limited to: technical or non-technical data, know-how, inventions, research or experimental work, design details and specifications, formulae, patterns, compilations, programs, devices, methods, techniques, processes, equipment and apparatus, drawings, financial data or information, price lists and pricing and sales policies, customer lists, social media account contact lists and customer information including prospective clients, investors, business and supplier relationships, business forecasts, sales and merchandising information, training and other manuals, procurement requirements and data, marketing plans, business opportunities any other information in any form which is not public and which gives the disclosing party and/or participants an advantage over their competitors who do not know or use it.
Where the Confidential Information combines information within the public domain or information already in the possession of receiving party, but the combination is not in the public domain, the parties agree that the combination shall constitute Confidential Information.
Confidential Information shall not include information that:
- the receiving party can show at the time of disclosure is generally available to the public other than through a breach of this agreement; or
- is required to be disclosed by a subpoena or by an order of a court of competent jurisdiction.
In the event that the receiving party is required by law to disclose the Confidential Information, it shall immediately provide written notice to the disclosing party and shall take all available measures to maintain the confidentiality of the Confidential Information, including by seeking a protective order, if applicable.
“Course Materials” means the information provided by Negotiations Ninja Inc. to accompany a course provided as part of the Training in hard copy or electronic form.
“Fees” means the fees paid by you to Negotiations Ninja Inc. for the Training. Fees include tuition, the cost for delivery, course documentation and other instructional material. Expenses for transportation, parking, overnight accommodation and/or food are not included. Training that is conducted in several parts can only be booked as one whole seminar. We do not offer make-ups for missed days of multi-day training. We expressly reserve the right to change the Fees.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Training” means the provision of the virtual course, online course, virtual coaching, online coaching, and/or in-person course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website, email, PayPal, or by telephone.
“Website” means www.negotiations.ninja and any Negotiations Ninja Inc. managed online webinar registration pages.
“you” means the individual purchasing the Training.
- The Training
- We will provide the Training with reasonable care.
- We reserve the right to vary any of the Training we offer without notice.
- We expect you to confirm that the Training you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Training.
Registration may be made in writing or telephone (by e-mail, Website or telephone). Upon receipt of your registration and payment, a place will be reserved, if available. Training consisting of several parts can only be booked and attended as one whole seminar. If the seminar is already fully booked at the time we receive your registration you will not be able to attend. In this case, we will contact you to offer alternative dates, a full refund or a credit.
- All cancellations must be made no later than 30 working days before the start of Training. We will only accept cancellations that are made in writing. If you fail to attend a Training, or a cancellation is sought within the 30 days prior to the start of the Training, no refunds shall be provided.
- Negotiations Ninja Inc. reserves the right to cancel any Training course at any time, without incurring any additional liability to you. In such circumstances, we will offer alternative dates, a full refund or a credit. We shall not be liable for the performance of events canceled for reasons beyond our control, such as illness of the speaker, force majeure or any other unforeseeable circumstances. We are not responsible for reimbursement of travel and accommodation costs and lost work days. We assume no liability for indirect damages, including, but not limited to lost profit or third-party claims.
- If you have purchased an online course and have already accessed, downloaded all or part of the online course and/or started to use that online course then you shall have no right to cancel your order.
- Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Training and any other cancellation and / or variation of course dates will be at the entire discretion of Negotiations Ninja Inc.
- We shall be entitled to terminate these terms and conditions and cease to provide you with any Training with immediate effect in the event that you:
- fail to pay when your Fees are due;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Negotiations Ninja Inc., any teacher or lecturer who provides training or any student who attends any Training;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending Training;
- intentionally or recklessly damage property or the property of our employees or other students attending our premises;
- are intoxicated through alcohol or illegal drugs;
- commit any criminal offence on training premises or during Training;
- are in breach of these terms and conditions.
- On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
- The Fees for the Training shall be as set out on the Website or as written to you in an email or told to you over the telephone at the time you placed an order for them.
- Unless otherwise specified at the time you purchase the Training the Fees are exclusive of tax or other local taxes. to you.
- Fees for the Training selected by you on the Website or purchased over the telephone shall be debited from your credit card at the time of purchase. Fees must be paid in full prior to you attending any Training.
- Any fees charged by your debit or credit card provider in connection with your purchase of Training are for your own account and Negotiations Ninja Inc. shall not be responsible for these.
- You shall be responsible for all costs you incur in connection with your attendance at any Training.
- Name and Likeness
With your participation in our programs you agree that Negotiations Ninja Inc. shall have the right in perpetuity to use your name, image, and likeness in advertising and publicity for Training.
- Although Negotiations Ninja Inc. aims to provide the Training to the standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in Training or Course Materials and any reliance by you on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
- Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Training. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
- Negotiations Ninja Inc.’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Training in relation to which a dispute has arisen.
- Negotiations Ninja Inc., its employees and its contractors shall not be liable to you for personal injury or death as a result of your use of any training facilities Negotiations Ninja Inc. may utilize.
- Intellectual Property
- All Intellectual Property Rights in the Course Materials and Training are, and remain, the intellectual property of Negotiations Ninja Inc. or its licensors, whether adapted, written for or customised for the you or not.
- You are not authorised to:
- copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials or Training without prior written permission;
- record on video or audio tape, relay by videophone or other means the Course Materials or Training given;
- use the the Course Materials or Training in the provision of any other course or training whether given by us or any third party trainer;
- remove any copyright or other notice of Negotiations Ninja Inc. on the Course Materials or Training;
- modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Course Materials or Training.
- In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials for the sole purpose of completing the Training.
- Any Training provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
- We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
- We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
- Data Protection
- The nature of the Training provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Training you agree to this Use.
- When you register with us you will need to provide certain Data such as your contact details and demographic information. We may store this Data and use it to contact you, provide you with details of the Training you have purchased and otherwise as required during the normal provision of the course.
- To enable us to monitor and improve our Training, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
- We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products.
- Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
- Negotiations Ninja Inc. endeavours to take all reasonable steps to protect your personal Data but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
- Negotiations Ninja Inc. may supplement the information that you provide with information we receive from third parties.
Negotiations Ninja Inc. shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
Governing Law and Attornment
These Terms and all related documents and matters arising out of or relating to them shall be construed exclusively in accordance with and governed by the laws of the Province of Alberta and the laws of Canada applicable therein. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta for all matters arising out of or relating to these Terms and all related documents.
If a court or arbitrator holds any provision of these Terms to be invalid, unenforceable, or void, such provision shall be enforced to the greatest extent permitted by law, and the remainder of these Terms and such provision as applied to other persons, places, and circumstances shall remain in full force and effect.
These Terms shall enure to the benefit of and shall be binding upon and enforceable by the parties hereto and their respective successors and permitted assigns.
Any notice, direction or other communication to be given under these Terms shall be in writing and given by delivering it or sending it by email or other similar form of recorded communication addressed: at firstname.lastname@example.org