Heal Your Heart and Experience more of what You Deserve
Terms and Conditions
Terms of Use
These Terms of Use for our Products and Services state how you may use our Products, Services and Materials.
Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time without notice to you. By purchasing or using any of our Products, Services, and Materials now or in the future, you are agreeing immediately upon said purchase to the Terms of Use as they appear, and agree that you are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Products, Services and Materials.
Words You Need to Understand
“Agreement” or “contract” means all of: the documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any purchaser, client and/or user of any of our Products and Services.
“Company”, “we”, “us” or “me” means Legacy Moments Inc.
“Products and Services” mean any hard and soft copies of any past or future book publications, product or services which may be delivered in any manner but not limited to in-person, phone, Zoom, Skype, webinars, masterclasses, Facebook Live Videos, videos, audios, books, e-books, social media, blog articles, or otherwise in a variety of settings such as individual therapy sessions, group therapy programs including but not limited to masterminds, classes, workshops, events, retreats, seminars, or trainings. Downloadable information such as intake forms, templates, methodology framework or other services where we provide content for educational and informational purposes is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money.
“Materials” mean any video, audio, printed or written text or work including but not limited to hard and soft copies of “The Heart of a Good Thing”. “Legacy Moments” books, downloadable information such as intake forms, templates, journals, homework sheets, social media content, blog posts, online or printed documents, or other materials created by us that are provided to you for your educational and informational purposes or through our Products, Services, and Materials.
“Terms of Use” includes this document and all the standard provisions that form part of every contract we enter into with each purchaser, client and user (including you) of any of our Products, Services and Materials, as amended from time to time by us in our sole discretion, without notice to you.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Materials or any other information accessed or purchased through our Products, Services and Materials for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
How You May Use Our Products, Services or Materials
You consent to use our Products, Services and Materials as described in the following paragraphs, which collectively are referred to as the “Terms of Use”.
By purchasing or using any of our Products, Services and Materials, you agree to abide by these Terms of Use and the Contract you have signed, and you acknowledge and agree that you are required to act in accordance with them. Accessing, purchasing or using our Products, Services and Materials, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms of Use.
All of our Products, Services and Materials are intended solely for persons who are 18 years of age or older. Any registration by, use of, or access to any Products, Services and Materials by anyone who is younger than 18 years of age is unauthorized, unlicensed and violates these Terms of Use. By purchasing or using any Products, Services and Materials, you represent and warrant that you are at least 18 years of age.
Intellectual Property Rights
Our Limited License to You.
Our Products, Services and Materials are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Products, Services and Materials, in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
The content in our Products, Services and Materials is solely owned by or licensed to us, unless expressly indicated otherwise. This content includes, but is not limited to: the design, layout, look, appearance, graphics of our Products, Services and Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
If you purchase or access any of our Materials through our Products, Services and Materials, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use our Products, Services and Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are being granted a limited license to use our Products, Services and Materials with permission and restrictions. This means that when you purchase a Product or Service from us, you are purchasing the limited right to use the Materials with certain conditions as specified in these Terms of Use. The format of sessions conducted are subject to change at the Company’s sole discretion, at any given time.
You are permitted to use our Products and Services and Materials in the following manner:
You may download and/or print Materials for your personal use. To clarify, you are not permitted to share, sell, reprint, or republish any other of our Materials including handouts, for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money unless you ask us in writing if you may do so, and we have given you written permission to do so.
Any trademarks, taglines, and logos displayed on our Materials are trademarks belonging to us. All trademarks reproduced on our website, of which we do not own or hold a licence, are acknowledged on our website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted in these Terms of Use.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Product and Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
All rights not expressly granted in these paragraphs in these Terms of Use or in any written licence, are reserved by us.
Information You Must Not Share with Others.
As a Licensee, you understand and acknowledge that our Products, Services and Materials have been created, developed or obtained by us through the investment of significant time, effort and expense and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
When you enroll in or purchase any of our Products, Services and Materials, you agree that you are clearly and expressly prohibited from doing any of the following acts:
(a) You will not copy, share or steal our Products, Services, or Materials or any parts of them.
(b) You will not in any way use, copy, adapt or represent any of our Products, Services, or Materials or their content in any way as if they are yours or created by you.
(c) You will not engage in the Improper and/or Unauthorized Use of our Products, Services and Materials.
(d) You will not duplicate, share, trade, sell, or otherwise distribute our Products, Services or Materials, to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Materials for their own personal, business or commercial use. This means you cannot share or sell any part of our Products, Services and Materials or Materials to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Products, Services and Materials, and Materials.
(e) You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Products, Services and Materials, or Materials for publication or compilation into your own Products, Services or Materials for your own personal, business, or commercial use or in any way that earns you money.
(f) You will not use our Products, Services or Materials in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
(g) You may not engage in Improper and/or Unauthorized Use of our Materials or any other information related to our Products, or Services.
You understand and agree that doing, participating in directly or indirectly or engaging in the prohibited, Improper and/or Unauthorized Use of our Products, Services or Materials as set forth in these Terms of Use is considered theft and stealing. You agree and understand that prohibited use, Improper and/or Unauthorized Use may give rise to a civil claim for damages and may be turned over to the police for investigation as a criminal offence.
Your Licence to Us.
By posting or submitting any material on or through our Products, Services or Materials such as comments, posts, photos, images or videos or other contributions, you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:
(a) When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Products, Services, Materials and Social Media, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or in any medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website, Products, Services or Materials and. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
(b) You also grant us, and anyone authorized by us, the right to identify you as the author of any of copy, comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions in our Products, Services or Materials in our sole discretion, at any time for any reason whatsoever.
Media Release
By participating in our Products, and Services, and using our Materials, including on social media, you consent to photographs, videos, audio recordings, transcripts, copy or written or printed text that may contain you, your voice and/or your likeness, any we reserve the right to use them in our sole discretion in our current or future Products, and Services or Materials and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request from You for Permission to Use Content We Have Created and Shared with You
Any request for written permission to use our Products, Services or Materials in whole or in part, or any other intellectual property or property belonging to us should be made IN WRITING – BEFORE YOU WISH TO USE IT. To ask for our permission, please contact us at the email address provided on the last page of these Terms and Conditions.
We very clearly state that you may not use our Products, Services or Materials in whole or in part, in any way that is contrary to these Terms of Use, unless we have given you specific WRITTEN PERMISSION to do so, in email or any other written format we determine is appropriate.
If you are granted permission by us, you agree to use the SPECIFIC CONTENT that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we say and prescribe to protect our intellectual property and ownership rights in our Products, Services or Materials.
No Solicitation of Clients
You shall not, during the Period of this Agreement and for a period of 2 years thereafter, contact or solicit any designated clients of Legacy Moments Inc. for the purpose of selling to the designated clients any Products, Materials and Services which are the same as or substantially similar to, or in any way competitive with, the services provided by Legacy Moments Inc. at any point during the Period of this Agreement. For the purposes of this section, a “designated customer or client” means a person who was a customer or client of Legacy Moments Inc. before, during or after the Period of this Agreement.
Diversity & Inclusion Policy
The Company and its community, mobile application, Website, Products, Services and Materials and social media mediums (“Platforms”) offered are open and accessible to any person(s) from anywhere in the world, from any background, culture or intersection and/or any intersectionality.
We value differences and diversity.
Our diversity policy is applicable—but not limited—to our practices and policies; training; promotions; programs; and the ongoing development of a Platform built on the premise of gender and diversity equity that encourages and enforces respectful communication and cooperation between all users of this Platform and user contributions to the communities we serve to promote a greater understanding and respect for the diversity. All users of the Platform have a responsibility to treat others with dignity and respect at all times. All users are expected to exhibit conduct that reflects inclusion. Any user found to have exhibited any inappropriate conduct or behavior against others may be subject to removal from our Platform. Users who believe they have been subjected to any kind of discrimination that conflicts with our diversity policy should contact us at andrea@legacymoments.ca.
Community and Commenting Policy
We request constructive and positive feedback and use the feedback received to improve our client experience. It is our priority to create an experience for our clients to ensure that they remain clients for the life-span of their career. We value our clients and community for the deep participation that occurs within the comment section of our site, mobile application, facebook chat and any other Platforms. Here are some tips to consider when commenting:
• Read with your audience in mind: Is your comment appropriate for the community?
• Revise: Can I make this calmer and clearer? Can I be more concise?
• Support what you say: Can I make negative feedback more constructive? Can I elaborate further on positive feedback? Can I provide sources that support my claim?
• Review how you say it: Does my comment encourage a healthy discussion or is it going to put others on the defensive?
To help you avoid the frustrations of comment removal, here are some reasons your comment may be removed:
• Not appropriate for the Platform;
• Inappropriate language;
• Terms of Use violations;
• Excessively posting the same comment or link;
• Stereotyping, i.e sweeping generalizations of any group or individual based on race, gender, religion, sexual orientation, ability or age.
If you see something that you think may violate our guidelines, please help us by emailing: andrea@legacymoments.ca. We will review these reports and work as quickly as possible to remove content that doesn’t meet our guidelines.
We reserve the right in our sole discretion to immediately refuse or terminate your access to our Products and Services, or Materials, in full or in part, at any time, without notice, by sending you an email to the email address you provided to us during registration or enrolment, in the event that you breach our Diversity & Inclusion Policy and Community and Commenting Policy.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Products, Services or Materials, 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 in any way related to our Products, Services or Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Products, Services or Materials.
DISCLAIMER
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Products, Services or Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however, and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Product, Service or Materials participant or user, including you.
Non-Therapeutic Care Disclaimer
You acknowledge that the Products, Services and Materials you will be receiving from your coach and/or from Legacy Moments Inc. are for educational purposes only and are not offered as a substitute for professional mental health care and are not intended to diagnose, treat or cure any mental health conditions. You also understand that your coach is not acting as a mental health counsellor, therapist or medical professional.
You acknowledge and agree that you are fully responsible for your well-being during your coaching sessions and subsequently, including your choices and decisions.
You acknowledge that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of therapy.
You acknowledge that all comments and ideas offered by your coach are solely for the purpose of aiding you in achieving the defined goals you create with your coach. You have the ability to give your informed consent, and hereby give such consent to your coach to assist you in achieving such goals and understand that results are not guaranteed.
You acknowledge that to the extent our work together involves personal development, career or business, your coach is not promising outcomes including but not limited to trauma recovery, personal introspection, increased personal happiness, career progression, profitability and/or business success.
You acknowledge that your coach will protect my information as confidential unless stated otherwise in writing. If you report child, or elder abuse or neglect or threaten to harm yourself or someone else, you understand that necessary actions will be taken and your confidentiality agreement is limited in this capacity. Confidential information does not include information that: (a) was in the coach’s possession prior to its being furnished by you; (b) Is generally known to the public or in your industry; (c) Is obtained by the coach from a third party, without breach of any obligations to you; (d) is independently developed by the coach without use of or reference to the your confidential information; or (e) coach is required by statute, lawfully issued subpoena or by court order to disclose; (f) is disclosed to the coach as a result of such disclosure the coach reasonably believes there to be an imminent or likely of danger or harm to you or others; and (g) involves illegal activity.
Legal and Financial Disclaimer
Our Products, Services and Materials are not to be perceived OR relied upon in any way as business, financial or legal advice. The information provided through our Products, Services and Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer, or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Products, Services or Materials. You are solely responsible for your results.
Earnings Disclaimer
You acknowledge that we have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Product, Services or use of our Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Products, Services or Materials, and you accept and understand the results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Products, Services or Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Warranties Disclaimer
We make no warranties as to our Products, Services or Materials. You agree that our Products, Services and Materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Products, Services and Materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Product or Services, Materials or Copy or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Technology Disclaimer
We try to ensure that the availability and delivery of our Products, Services and Materials is uninterrupted and error-free, including our content and communications through methods like our website, Jane Practice Management, member forum, private Facebook groups and chats, masterclass taught live online, uploaded video of masterclass theory only (not teachings), communications, videos, audio recordings, Zoom calls, recorded Zoom calls, downloadable PDF handouts/slides, handouts, e-books, 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, including to allow for repairs, maintenance or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Products, Services and Materials become unavailable or access to them becomes slower incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Products, Services and Materials inaccessible to you.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Products, Services or Materials. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Non- Disparagement
You shall not, at any time during this Agreement and thereafter, make statements or representations, directly or indirectly, in writing, orally, or otherwise, including any posts on social media websites or review websites which may disparage Andrea Boweya, Legacy Moments Inc. or its representatives.
Force Majeure
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, pandemics and other public health emergencies, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Products, Services or Materials. These links are provided for your convenience and the inclusion of any link in our Products, Services and Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Products, Services or Materials. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
By purchasing and/or using our Products, Services and Materials in any way or for any reason, you also implicitly agree to our full disclaimer which is contained in these Terms of Use, and which may be found on our website.
Indemnification, Limitation of Liability and Release of Claims
Indemnification
You agree at all times to defend, indemnify and hold us harmless, as well as any of our agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses on a solicitor client basis, arising out of or related to our Products, Services or Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us, to the full extent permitted by applicable law.
Limitation of Liability
We will not be held responsible or liable in any way for the information, Products or materials that you request or receive through or on our Products, Services or Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Products, Services or Materials , or in any way. In the event that you use our Products, Services and Materials or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Products, Services or Materials, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
Your Conduct
You are agreeing that you will not use our Products, Services and Materials in any way that causes or is likely to cause the Products, Services and Materials or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Products, Services and Materials for lawful purposes only.
Communication Guidelines
If you have a question or concern about your Products, Services and Materials , Materials or Copy, you may contact us by email at the email address provided on the last page of these Terms of Use and we will do our best to reply to your question or concern.
Purchases and Online Commerce
Authorization and Permission
If paying by stripe or paypal, you give us permission to automatically charge your credit card or debit card as payment for your Products, Services or Materials, without any additional authorization, for which you will receive an electronic receipt. Should you be provided with an invoice, you are required to manually pay it by the date due on the invoice, or your Products, Services and Materials will be put on hold and suspended until payment is made.
You agree to only purchase our Products, Services and Materials for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Products, Services and Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Late Payments
In the event that payment is not received by the date due, you will have a two (2) day grace period to make the payment. If you fail to make the payment within the grace period, we reserve the right to terminate your access to the Products, Services and Materials immediately and permanently.
If you fail to make payment in a timely manner in accordance with these Terms of Use, or if you voluntarily decide to withdraw from our Products, Services and Materials Services at any time or for any reason whatsoever, you still will remain fully responsible for the entire cost of the Products, Services or Materials.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collection agency or legal counsel, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collection agency.
Chargeback Threats, Reversal of Payment, Payment Cancellations, and Actual Chargebacks
Since we have a clear and explicit refund policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Products, Services or Materials, you agree that any type of chargeback threat, reversal of payment, payment cancellation, actual chargeback or claim from your credit card company, PayPal, financial institution, or any other payment service will constitute a breach of these Terms of Use on your part.
In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Sharing Information with Payment Processing Company.
All information obtained during your purchase or transaction for our Products, Services or Materials, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing company.
Payment processing companies and merchants may have privacy and data collection practices and policies that are different from ours, we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Products, Services or Materials, you may be subject to the additional terms and conditions of the payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and any terms and conditions that may apply, visit that merchant’s website or contact the merchant directly.
You release us, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them arising from your purchase or use of our Products, Services or Materials.
CANCELLATION
You have the right to terminate your use of or participation in our Products, Services, or Materials at any time by contacting us IN WRITING, including by e-mail.
In the event you cancel your therapy session within 24 hours of your scheduled appointment, you acknowledge and agree that your payment shall be forfeited to the Company. No refunds.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Products and Services, and/or our Materials, including but not limited to our website, private forum, email communications, Facebook groups, Zoom calls, live webinars or conference calls, recordings of any such communications, or any other method of communications related to our Products, Services and Materials at any time without notice and in our sole discretion.
CONFIDENTIALITY AND PRIVACY
Our Privacy Policy forms part of these Terms of Use and may be found on this site by clicking “Privacy Policy”
Dispute Resolution
It is hoped that should we ever have any differences, we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we be unable to seek resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario selected jointly by us. Before seeking arbitration, you must contact us in writing, and include all of your reasons for dissatisfaction with Products and Services or Materials. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, punitive or aggravated damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Ontario.
By purchasing our Products, Services and Materials, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your email referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action against us.
You also agree that should arbitration take place, it will be held in the City of Toronto in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our products, Services or Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Products, Services and Materials after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Products, Services, and Materials.
Governing Law
These Terms of Use and all contracts and agreements between us shall be construed and interpreted according to the laws and regulations of the province of Ontario and Canada.
Survival
These Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our refund policy will survive the termination of our agreement by either you or by us.
ENTIRE AGREEMENT
These Terms of Use supersede all prior representations, arrangements, negotiations, understandings and agreements between you and us, both written and oral, relating to the Products, Services or Materials which you have purchased from us, and sets forth the entire complete and exclusive agreement and understanding between us. Further neither of us has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in these Terms of Use.
SEVERABILITY
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
TIME
Time shall be of the essence in all respects of the Agreement.
Contacting Us
Whenever a provision in these Terms of Use state that you are to contact us in writing, we ask that you send an email to send an email to andrea@legacymoments.ca.
If you have any questions about any provisions in these Terms of Use, please contact us.