1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and SMBOINCAC ("Company," "we," "us," or "our") regarding your use of our website at smboincac.com and our public speaking and communication training services.
By accessing our website, registering for our services, or engaging with our training programs, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our website or services.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after such changes constitutes your acceptance of the new Terms.
2. Description of Services
2.1 Training Services
SMBOINCAC provides public speaking and communication training services, including but not limited to:
- Individual and group public speaking coaching
- Corporate communication workshops
- Presentation skills training
- Virtual communication training
- Online educational content and resources
- Consultation and assessment services
2.2 Website Services
Our website provides:
- Information about our training programs
- Educational blog content and resources
- Registration and scheduling capabilities
- Communication tools for client interaction
- Access to training materials and resources
2.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We are not liable for any modification, suspension, or discontinuation of services.
3. User Accounts and Registration
3.1 Account Creation
To access certain features of our services, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as necessary
- Keep your account credentials secure
- Notify us immediately of any unauthorized use
- Take responsibility for all activities under your account
3.2 Account Eligibility
You must be at least 18 years old to create an account and use our services. By creating an account, you represent and warrant that you meet this age requirement.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms. You may also terminate your account at any time by contacting us.
4. Payment Terms
4.1 Fees and Pricing
Training program fees are clearly stated at the time of registration. All prices are in Canadian dollars unless otherwise specified. We reserve the right to change our pricing at any time.
4.2 Payment Methods
We accept various payment methods as indicated during the registration process. Payment is required in advance unless alternative arrangements have been made in writing.
4.3 Refund Policy
Refunds are handled on a case-by-case basis according to our refund policy:
- Cancellations made 48 hours or more before the scheduled session: Full refund
- Cancellations made 24-48 hours before: 50% refund
- Cancellations made less than 24 hours before: No refund
- Emergency or medical cancellations: Considered on individual basis
4.4 Late Payments
Late payments may result in suspension of services and may incur additional fees. We reserve the right to charge interest on overdue amounts.
5. User Conduct and Responsibilities
5.1 Acceptable Use
You agree to use our services and website in a manner that is:
- Legal and compliant with all applicable laws
- Respectful to other users and our staff
- Consistent with the educational purpose of our services
- Free from harassment, discrimination, or abusive behavior
5.2 Prohibited Activities
You agree not to:
- Use our services for any illegal or unauthorized purpose
- Interfere with or disrupt our services or servers
- Attempt to gain unauthorized access to our systems
- Share your account credentials with others
- Reproduce, distribute, or commercially exploit our content
- Upload malicious code or engage in any harmful activities
- Impersonate others or provide false information
5.3 Training Session Conduct
During training sessions, you agree to:
- Arrive on time and prepared
- Participate actively and respectfully
- Respect confidentiality of other participants
- Follow instructor guidance and feedback
- Maintain professional conduct at all times
6. Intellectual Property Rights
6.1 Our Content
All content on our website and in our training materials, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is owned by SMBOINCAC or our licensors and is protected by Canadian and international copyright laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our website and training materials solely for your personal, non-commercial use in connection with our services.
6.3 User Content
You retain ownership of any content you create or submit during training sessions. However, you grant us a non-exclusive license to use such content for training and educational purposes, subject to our Privacy Policy.
6.4 Feedback and Suggestions
Any feedback, suggestions, or ideas you provide to us may be used by us without any obligation to compensate you.
7. Disclaimers and Limitations
7.1 Service Disclaimer
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our services will meet your specific needs or expectations.
7.2 Results Disclaimer
While we strive to provide effective training, individual results may vary. We cannot guarantee specific outcomes from our training programs, as success depends on various factors including individual effort, practice, and circumstances.
7.3 Technical Disclaimer
We do not warrant that our website or services will be uninterrupted, error-free, or free from viruses or other harmful components. Technical issues may occasionally affect service delivery.
7.4 Third-Party Content
Our website may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of these third parties.
8. Limitation of Liability
To the fullest extent permitted by law, SMBOINCAC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits or revenue
- Loss of business opportunities
- Loss of data or information
- Costs of substitute services
- Personal injury or property damage
Our total liability for any claims related to our services shall not exceed the amount paid by you for the specific service giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless SMBOINCAC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of our services or website
- Your violation of these Terms
- Your violation of any rights of another party
- Your conduct in connection with our services
10. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
We implement appropriate security measures to protect your personal information, but we cannot guarantee absolute security of data transmitted over the internet.
11. Termination
11.1 Termination by You
You may terminate your use of our services at any time by discontinuing use of our website and canceling any active training programs in accordance with our cancellation policy.
11.2 Termination by Us
We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including:
- Violation of these Terms
- Fraudulent or illegal activity
- Non-payment of fees
- Disruptive or inappropriate behavior
11.3 Effect of Termination
Upon termination, your right to use our services will cease immediately. Provisions that by their nature should survive termination will remain in effect.
12. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Canada and the Province of Quebec, without regard to conflict of law principles.
Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Quebec, Canada, and you hereby consent to personal jurisdiction and venue therein.
13. Dispute Resolution
13.1 Informal Resolution
Before pursuing formal legal action, we encourage you to contact us to seek informal resolution of any disputes.
13.2 Mediation
If informal resolution is unsuccessful, disputes may be resolved through mediation before a mutually agreed-upon mediator.
13.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and SMBOINCAC.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
14.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
14.5 Force Majeure
We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, or pandemics.
15. Contact Information
If you have any questions about these Terms of Service, please contact us:
SMBOINCAC
Address:
1250 René-Lévesque Blvd W, Suite 2200
Montreal, QC H3B 4W8
Canada
Phone: +1 (514) 987-6543
Email: [email protected]
General Inquiries: [email protected]