Terms of Use

Terms and Conditions

These terms and conditions apply to Services provided by Alyssa Cohen ("Alyssa Cohen" or "we" or "us" or "The "Provider").pursuant to the Contract and are incorporated therein and form part of the Contract.

These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course offered by us. Please read these terms and conditions carefully before purchasing an Online Course and print off a copy for your records. If there is any conflict between the Contract, our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course; then the conflict shall be resolved by applying the following order of priority:

The Contract;

Course Specific Terms and Conditions;

These Standard Terms for the Purchase of Online Courses;

Website Disclaimer.

1. DEFINITIONS

1.1 "Course Materials" means the information provided by Alyssa Cohen to accompany a course provided as part of the Services in hard copy or electronic form.

1.2 "Fees" means the fees paid by you to Alyssa Cohen for the Services.

1.3 "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.

1.4 "Online Course" means the delivery by us of an online course pursuant to which you learn and receive course materials remotely.

1.5 "Services" means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.

1.6 "Website" means www.alyssacohen.thinkific.com

1.7 "You" or “Participant” means the individual purchasing the Services.

2. THE SERVICES

2.1 A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2 We reserve the right to vary or withdraw any of the Services described on the Website without notice.

3. ORDERING SERVICES

3.1 Purchasing Services via the Website - In order to purchase any of the Services online you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.

3.2 Purchasing Services via the Telephone - To purchase a Service over the telephone please call 416-473-0347. You do not need to have registered for an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your course online.

3.3 When you place an order for a Service via the Website, or telephone you are offering to purchase the Services on these terms and conditions. Alyssa Cohen reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.

3.4 Following receipt by us of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order.

3.5 A legally binding agreement between us and you shall come into existence when we have:

(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and

(b) received payment of the relevant Fees from you in accordance with clause 11 below.

3.6 Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.

4. TERMS AND CONDITIONS

4.1 The Provider agrees to provide you with access to Online Life Transformation Intensive (the "Course”) upon the following terms and conditions. By registering for the Course, you agree to be bound by and to abide by the following terms and conditions.

5. EFFECTIVE DATE

5.1 This Agreement shall start upon registration by the Participant in the Course and shall be enforceable between the parties starting on that registration date.

6. COURSE

6.1 The Provider agrees to provide access to all of the Course features as described on the website or any promotional material provided by the Provider or as set out herein. The Course features include lessons, forms, worksheets, checklists, ongoing live training sessions and private discussion groups and private sessions.

7. COURSE PARTICULARS

7.1 Main Course Name: Life Transformation Intensive or “LTI”, comprising two components Meditation as Medicine and The Life Transformation online courses.

7.2 Course Description: Life Transformation Intensive teaches the tools you need for radical healing. You will be fully supported as you take a deep dive into your core issues, expand your beliefs about what’s possible and learn the skills you need to move forward.

7.3 Total Course fee: The Fee for the individual course will be provided to you over the telephone at the time you place an order for them and includes all of the features set out in paragraph 6 above but does not include the cost incurred for internet connection.

7.4 Course URL: www.alyssacohen.thinkific.com

7.5 Course Start Date: As determined by the Provider

7.6 In addition to the above, Meditation as Medicine and Live Meditations (the “online course”) can be purchased as a separate distinctive course but will be available only as an online course.

8. LIMITED LICENSE

8.1 By purchasing the Course, the Participant is granted an ongoing, non-exclusive, non-transferable, revocable license to access, view and participate in the Course. The Participant is granted the right to print single copies of materials comprising the Course, however all ownership rights in the intellectual property related to the Course remain with the Provider and the Participant may not use or reproduce any of the content in any manner, other than as provided for herein without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Course without refund.

8.2 You may not

(a) use, copy, modify, create derivative works or distribute the Course Material except as provided herein;

(b) reverse assemble, reverse compile, or otherwise translate the Course Material except as specifically permitted by law without the possibility of contractual waiver; or

8.3 You are strictly prohibited from and may not use the Course or the website:

(a) to harass, abuse or threaten others or otherwise violate any person’s legal rights;

(b) to violate any intellectual property rights of the Course Provider or any third party;

(d) to publish or distribute any obscene or defamatory material;

(e) to publish or distribute any material that incites violence, hate or discrimination;

(f) to unlawfully gather information about others; or

(g) for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

8.4 License agreements provided with Course Material, or separately notified by the Provider, will take precedence over the license terms in this section 8.

9. COPYRIGHT

9.1 The material in the Course is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Course, including modification, transmission, presentation, distribution, republication, or other exploitation of the Course or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.

10. COURSE REGISTRATION

10.1 The Participant agrees to provide complete information required by any registration form and to maintain and promptly update the information as and when required. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Course and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Course or other Course participants, or fails to follow the Course guidelines. In the event of a termination of the Course, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

11. FEES

11.1 The fee for the Course shall be as determined by the Provider from time to time and provided to you at the time of registration. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider. In the event that you wish to purchase the online course referred to in paragraph 7.6 above, prices will be listed on the Website and are payable in full upon registration.

11.2 Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and the Provider shall not be responsible for these.

11.3 Fees for the Course or the separate online course shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing the Course unless prior arrangements for payment is agreed to by the Provider.

11.4 If a payment plan for the Course. or the online course is agreed to by the Provider, payment shall be made by way of an initial deposit with the balance to be paid in four equal monthly instalments as otherwise agreed to by the Provider.

11.5 By purchasing a Course with a payment plan, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing fees or payments owing as determined by the provisions of this Agreement.

12. PASSWORDS

12.1 Any passwords and user IDs used for the Course are for the Participant's individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant's failure to comply with these provisions.

13. SERVICE INTERRUPTIONS

13.1 You agree that your access to the Course, any online course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, including causes outside the Provider’s reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, Government edict or regulation. In no event shall the Provider have any liability for any damage or loss caused as a result of such downtime. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Course.

14. PRIVACY

14.1 The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Course in accordance with applicable privacy legislation in the Province of Ontario. The Participant agrees to the collection and use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Course or online course. The full privacy policy of the Provider is available upon written request sent to the Provider.

15. TERMINATION

15.1 The Provider shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

(a) fail to pay when due your Fees;

(b) breach any provision of this agreement.

15.2 On termination all provisions of this agreement shall remain in full force and effect where applicable notwithstanding such termination.

16. LEGAL DISCLAIMER — NOT PROFESSIONAL OR MEDICAL ADVICE

16.1 The Provider provides the information contained in the Course or online course to the Participant for informational and educational purposes only, The information contained in the Course or online course, including any interactions with instructors, and participation in any social media groups or chats shall not be understood or construed as professional advice and no fiduciary relationship has been created between you and the Provider. The Participant shall be required to use their own judgment in applying the information provided in the Course or online course to their own personal circumstances and may wish to get additional professional medical or other advice where appropriate. The Provider does not assume responsibility or liability for any advice or other information given in the Course, the online course, in the materials, or on the website.

17. LIMITATION OF LIABILITY

17.1 The Participant hereby agrees to release the Provider and its partners, employees, consultants, agents and licensors from, and in no event, shall any or all of the Providers and its partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Course or online course (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Course. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees)incurred by any of them due to or resulting from your use of the Course, the online course or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Course or its content.

18. DISCLAIMER OF WARRANTIES

18.1 The Course and online course is provided "as is" and ''as available", without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Course and online course, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Course or online course including, without limitation, the Providers provide no representation or warranty that (i) the Course or online course will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Course or online course will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Course or online course at your own risk and liability.

19. GOVERNING LAW AND JURISDICTION

19.1 The Course or online course is operated by the Provider within the Province of Ontario, Canada. By accessing or using the Course or online course, the Participant agrees that all matters relating to your access to, or use of the Course, or online course, and its contents shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Ontario, with respect to all matters relating to their access to and use of the Course or online course .

20. ASSIGNMENT

20.1 Any Services 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.

21. MODIFICATION & VARIATION

21.1 The Provider may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

21.2 To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

22. ENTIRE AGREEMENT

22.1 These terms and conditions, are to be read together with the Contract, and together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.

23. DATA PROTECTION

23.1 The nature of the Services 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 Services you agree to this Use.

23.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

23.3 To enable us to monitor and improve our Services, we may 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 for marketing purposes only. At no time will any of the Data we receive be sold or distributed to third parties without your prior written consent.

23.4 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. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.

23.5 The Provider endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.

23.6 Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions, concerns, customer service requests or if you wish to change or update the data we hold about you, please email us at [email protected] and/or telephone us at 416-473-0347.

24. GENERAL PROVISIONS

24.1 All communications made or notices given pursuant to this Agreement shall be in the English language.

24.2 Any dispute in connection with this agreement shall be settled by arbitration in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17; provided, however, should any dispute arise under this agreement, the parties, shall endeavour to settle such dispute amicably between themselves. In the event that the parties fail to agree upon an amicable solution, such dispute shall be determined by arbitration as aforesaid.

24.3 If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

24.4 In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

24.5 Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.