Terms, Conditions & Privacy
Farah M Kurji Counselling Inc. Personal Information Protection Policy
Farah M Kurji Counselling Inc. (“Farah M Kurji Counselling”) is committed to the protection and safe keeping of the personal information entrusted to us by our users. We manage your personal information in accordance with Alberta’s Personal Information Protection Act and other applicable laws. This policy applies to both Farah M Kurji Counselling as well as any person or entity providing services on our behalf and at our direction. A copy of this policy will be provided to any user upon request.
The Definition of Personal Information
Personal information means information about an identifiable individual. This includes an individual’s name, home address and phone number, age, sex, marital or family status, an identifying number, financial information, educational history, and other similar information.
What personal information do we collect?
We collect only the personal information that we need for the purposes of providing services to our users, including personal information needed to:
Enable users to have access to the Website and to any resources provided by Farah M Kurji Counselling;
Enable users to have access to our online programs to post and view posts and send and receive messages; and
Track the use of trends present on the Website and ensure its proper functionality.
The information that will be collected directly from the user will be information such as the individual’s name and email address, login information and passwords, credit card information and business names. While not required, individuals also have the option to post additional personal information in certain registered Farah M Kurji Counselling programs.
All information collected will be kept fully confidential and shall not be shared with any third parties at any time or for any reason, and will not be sold to third parties at any time or for any reason.
We attempt to inform our users, before or at the time of collecting personal information, of the purposes for which we are collecting the information. When such notification is not provided it is because the user has provided information for an obvious purpose – such as providing their name to set up their account – or for a purpose as listed and agreed to in this policy.
We will make a reasonable effort to ensure that any personal information collected, used or disclosed is accurate and complete to the extent that is reasonable for our organization’s purpose.
We will only use personal information for purposes that are reasonable and we will not disclose your personal information beyond what is necessary to provide the product or service that you have requested.
We ask for consent to collect, use or disclose user personal information, except in specific circumstances where collection, use or disclosure without consent is authorized or required by law. We may assume your consent in cases where you volunteer information for an obvious purpose.
We assume your consent to continue to use and, where applicable, disclose personal information that we have already collected, for the purpose for which the information was collected.
There may be situations where your express consent will be required. In those situations, we will typically request that you provide your consent orally or in writing through the signing of a consent form.
User consent may be withdrawn at any time; however, such consent may be necessary for us to satisfy our obligations to you. In those situations we will inform you if the withholding of such consent will prevent us from being able to provide you with certain products and services. We will at all times respect your decision.
We may collect, use or disclose user personal information without consent only as authorized by law.
How do we use and disclose personal information?
We use and disclose user personal information only for the purposes for which the information was collected, except as authorized by law.
If we wish to use or disclose your personal information for any new business purpose, we will ask for your consent, unless otherwise not required by law.
How do we safeguard personal information?
We make every reasonable effort to ensure that personal information is accurate and complete. We rely on individuals to notify us if there is a change to their personal information that may affect their relationship with our organization. If you are aware of an error in our information about you, please let us know and we will correct it on request wherever possible. In some cases we may ask for a written request for correction.
We protect personal information in a manner appropriate for the sensitivity of the information. We make every reasonable effort to prevent any loss, misuse, disclosure or modification of personal information, as well as any unauthorized access to personal information.
We use appropriate security measures when destroying personal information, including shredding email records and permanently deleting electronic records.
However, if at any time, through no fault of Farah M Kurji Counselling, the Website is hacked in any way and personal information is released, so long as Farah M Kurji Counselling has taken reasonable and appropriate methods to safeguard its personal information, Farah M Kurji Counselling shall not be held liable for this result.
We retain personal information only as long as is reasonable to fulfill the purposes for which the information was collected or for legal or business purposes.
Access to records containing personal information
Individuals have a right to access their own personal information in a record that is in the custody or under the control of Farah M Kurji Counselling, subject to some exceptions. For example, organizations are required under the Personal Information Protection Act to refuse to provide access to information that would reveal personal information about another individual.
If we refuse a request in whole or in part, we will provide the reasons for the refusal. In some cases where exceptions to access apply we may withhold that information and provide you with the remainder of the record.
You may make a request for access to your personal information by writing to firstname.lastname@example.org. You must provide sufficient information in your request to allow us to identify the information you are seeking.
You may also request information about our use of your personal information and any disclosure of that information to persons outside our organization. In addition, you may request a correction of an error or omission in your personal information.
We will respond to your request within 45 calendar days, unless an extension is granted. We may charge a reasonable fee to provide information, but not to make a correction. We do not charge fees when the request is for personal employee information. We will advise you of any fees that may apply before beginning to process your request.
Questions and complaints
If you have a question or concern about any collection, use or disclosure of personal information by Farah M Kurji Counselling, or about a request for access to your own personal information, please contact email@example.com.
If you are not satisfied with the response you receive, you may contact the Information and Privacy Commissioner of Alberta:
Office of the Information and Privacy Commissioner of Alberta
Suite 2460, 801 – 6 Avenue, SW
Calgary, Alberta T2P 3W2
Phone: 403-297-2728 Toll Free: 1-888-878-4044
The Website for Farah M Kurji Counselling Inc. (“Farah M Kurji Counselling”) and all web pages related to this site (excluding all links to third party sites and platforms) are owned and operated by Farah M Kurji Counselling. All content on the site itself is copyrighted and owned by Farah M Kurji Counselling as of 2017.
The Website and the Services provided by the Website are provided on an “as is” basis, and Farah M Kurji Counselling hereby disclaims any liability for any damage or loss which may be suffered by you the User as a result of using the Website or any Services provided to you by Farah M Kurji Counselling.
These terms apply to any and all users of the Website or of Farah M Kurji Counselling’s Services.
While we strive for accuracy, it is possible that information on the Website or as presented within any associated site contains errors or omissions. Should this be the case, we disclaim any liability for these errors or omissions and any results that could arise from them.
Use of the Website
The User may not copy, distribute, publish, reproduce, tamper or alter with any material contained on this Website. The User may not remove the copyright notices contained in any of the material provided from this Website or as connected to this Website.
This Website contains materials including text, photographs, videos and other images and sound that are protected by copyright and/or other intellectual property rights. All copyright and trademarks and other intellectual property rights, unless stated otherwise, are owned by Farah M Kurji Counselling.
We strive to create educational materials that would be of interest. This is not to be taken as medical advice. Please always consult your physician before taking on any new lifestyle practice.
Medical information disclaimer:
Our website contains general medical information. The medical information is not advice and should not be treated as such.
The medical information on our website is provided without any representations or warranties, express or implied.
You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.
If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
If you think you may be suffering from any medical condition, you should seek immediate medical attention.
You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.
Our website includes interactive features that allow users to communicate with us.
You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
Any assistance you may receive using any our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
Our commitment with everything that we do is to help you improve your health. These programs are for individuals who are serious about improving their health. These programs are downloadable and/or viewable through streaming. Please see the Purchase Agreement for the course you are registered in to see the specific Refund Policy for that course.
You are responsible for ensuring you have all of the necessary technology to run these online programs. Refunds will not be offered based on your technical issues. Please ensure you can clearly view our preview videos and download the sample documents in advance of purchase if you have any concerns about your computer’s capacity to handle this type of program. We will not be liable for any technical issues beyond the steady serving of our own website.
Download links for e-products (books, guides and mp3 lectures) are valid and functioning for one (1) download per link. It is the sole responsibility of customer/purchaser to know where downloaded files end up on their own computer systems and to back-up any downloadable products. Farah M Kurji Counselling is not responsible for lost documents, crashed computers etc. and will not send any additional download links for lost/misplaced files. Once your download link is sent to you, it is your responsibility to download all documents in a timely manner.
Delivery of e-books or documents to accompany class registration should be received within five minutes of placing order. This is an automated process and should function efficiently 24 hours a day.
If you do not see an email with a confirmation and link to download your product, please do the following:
Confirm that payment went through.
Confirm that you entered the correct email address.
Confirm that the document did not go to any other folders, such as junk/trash/promotions/social.
All orders will have a receipt number. If you are not sure whether a purchase went through, email firstname.lastname@example.org and we will look into the matter and get back to you within two business days.
Registration and payment for classes/workshops/events is non-refundable. Due to the limited class size, we cannot offer you a refund should you have to cancel. The class however is completely transferable. Should you be unable to attend, you are welcome to send someone in your place. Unfortunately, should you be unable to find a replacement, we cannot offer a make-up class or transfer your registration to another workshop.
Due to limited class sizes, we are unable to reserve spots in any classes or retreats without payment.
BY SUBMITTING MY RETREAT DEPOSIT AND/OR REGISTRATION FORM I AGREE TO THE FOLLOWING:
I agree that Farah Kurji, Farah M Kurji Counselling Inc., group leaders and other service providers associated with this package shall not be held responsible for any injury, damages, loss or delay. I agree to assume all risks associated with the trip and agree that no liability will attach to Farah Kurji, Farah M Kurji Counselling, group leaders and other service providers for any personal injury, illness, delay, loss or damage to property or health.
Neither Farah Kurji nor Farah M Kurji Counselling Inc. shall be held liable or responsible for any expenses including, but not limited to lodging, meals and transportation incurred by delays or other undesirable issues outside of our control.
Package prices, unless otherwise indicated, include accommodations, meals as outlined at a set time and location, as well as excursions and activities set on the itinerary. Farah M Kurji Counselling Inc. reserves the right to change the program schedule if necessary. If you choose to make other meal arrangements or not participate in any part of the group itinerary, no part of the package price is refundable due to non-participation. Alcoholic beverages are not included. We are more than happy to arrange additional activities and excursions for you “a la carte” and you will be responsible for the cost of additional activities.
A non-refundable 50% deposit will reserve your space. The balance is due on or before 90 days prior to departure date. If payment is not made in full by this date, you will be charged a 2% late fee for every business day that payment is delayed. Your spot may be released on a first come basis to individuals on the waiting list. Reservation is effective upon receipt of the deposit and follow-up registration form.
If you are unable to attend the retreat due to any reason, you may send someone in your place or contact us for information on wait-listed individuals. If only the deposit has been paid, the new participant should pay you the deposit and you should notify us of the name change. The new participant should pay the remaining balance, due 90 days prior to departure. If full payment has been made, simply have the new participant pay you the full amount and notify us of the name change. Note: Only one name change per reservation. Name changes may occur up to 5 days prior to departure.
Because our pre-payments are not refundable, we highly recommend that you protect your investment with travel insurance for your trip.
All participants must fill out a registration form in order to participate. Submission of the registration form along with receipt of payment constitutes acceptance of these terms and the Farah Kurji,Farah M Kurji Counselling cancellation policy.
Intellectual Property Rights
You are purchasing one single copy of the online product. Duplicating, sharing, or uploading product files to sharing sites is considered stealing, those who do so will be prosecuted to the full extent of the law.
All digital Farah M Kurji Counselling products are protected by copyright, trademark, and other intellectual property laws. The Product is provided solely for your personal, non-commercial use. You may not use the Product or the materials available on the Product in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product. You may, however, from time to time, download and/or print one copy of individual pages of the site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site and/or by email, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that Farah M Kurji Counselling has the right but not the obligation to use and display any postings or contributions of any kind and that Farah M Kurji Counselling may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Farah M Kurji Counselling. Neither Farah M Kurji Counselling nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Farah M Kurji Counselling neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Farah M Kurji Counselling representative while acting in his/her official capacity.
The information, products and services offered on or through the site and by company and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, 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 the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless Farah M Kurji Counselling its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.
A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Farah M Kurji Counselling shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site.
It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Farah M Kurji Counselling may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Farah M Kurji Counselling or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Farah M Kurji Counselling staff, Farah M Kurji Counselling’s outside contributors, or by users not connected with Farah M Kurji Counselling, some of whom may employ anonymous user names. Farah M Kurji Counselling expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Farah M Kurji Counselling or any of its subsidiaries or affiliates.
Farah M Kurji Counselling has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Full Force and Effect
Compliance with Laws and Regulations
As a user of the Website, the User shall comply with all applicable laws and regulations, and shall not breach or infringe any laws or regulations which for the purpose hereof, shall, without limiting the generality of the foregoing, include all statutes, regulations, ordinances, standards, codes, specifications, permits, licenses or other rules of any government, regulatory bodies or public authority having jurisdiction in Alberta.
Representations by the User
The User represents and warrants to Farah M Kurji Counselling as follows:
(a) the User is not using Farah M Kurji Counselling’s services for any improper or illegal purpose;
(b) the User shall cooperate in all respects with Farah M Kurji Counselling in the disclosure and provision of information required for Farah M Kurji Counselling to maintain the Website or provide the Services to the User;
(c) the User shall not upload or write anything on the Website which the User does not have the right to post;
(d) the User agrees not to post or write anything offensive, and understands and agrees that if anything offensive is posted through the Site that the User may be reported and its use of the Site may be discontinued, and that Farah M Kurji Counselling disclaims any and all liability for the results of any and all posts;
(e) this Agreement has been agreed to by the User or an authorized and proper representative of the User and represents a legal, valid, binding and enforceable agreement.
The User agrees that in order to act as a User with Farah M Kurji Counselling, the User must be at least 18 years of age. Farah M Kurji Counselling disclaims any liability for any actions that may result from individuals using the Site who are under 18 years old.
The User agrees to provide only accurate personal information to Farah M Kurji Counselling and to update any of its personal information as necessary. The User agrees that it will not represent itself as another individual while using the Site at any time or for any reason.
The User agrees and understand that it has the ability to block or report anyone who is improperly using the Site for anything that is offensive or outside of the scope of the Site’s intended purpose.
The User also agrees that it may be blocked or reported for improperly using the Site for anything that is offensive or outside of the scope of the Site’s intended purpose. The User agrees and understands that he or she may be terminated at any time and for any reason by Farah M Kurji Counselling. Specifically, Farah M Kurji Counselling reserves the right to terminate the User at any time based on reports provided by other users.
The User agrees that Farah M Kurji Counselling has no control over the individuals who post or write messages on the social media platforms connected to the Site. The User agrees and understands that Farah M Kurji Counselling takes no responsibility for any comments, feedback, photos, or other communication provided to the User on the Site by other Users or for the result of any of these communications. The User agrees and understands that Farah M Kurji Counselling is not responsible in any way for the results of any connections or posts made through the Site.
Farah M Kurji Counselling does not warrant that the Services provided by way of the Site will be without disruption, nor that any reports, times or information provided as part of the Services will be free from errors, omission, inaccuracies or nonconformities, and Farah M Kurji Counselling shall have no liability or obligation to the customer in this respect excepts as provided hereunder.
Farah M Kurji Counselling makes no warranty for the security or integrity of any connection or transmission used in the provision of the Services.
Indemnification and Liability
Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including its materials, products, or services, or third-party materials, products, or services made available through the site, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
This site is continually under development and company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
The User acknowledges and agrees that no representation has been made by Farah M Kurji Counselling or its Affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this Program.
The User shall indemnify Farah M Kurji Counselling from any and all damages, liabilities, costs, losses, expenses or legal fees arising out of any claim, demand, or action by a third party arising out of any actions of the User, or any breach of User’s responsibilities or obligations, representations or warranties under this Agreement.
In no event shall Farah M Kurji Counselling be liable for any lost data or content, lost profits, business interruptions or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the services provided by Farah M Kurji Counselling, even if Farah M Kurji Counselling has been advised of the possibility of such damages.
The Site content and services provided as a result of Farah M Kurji Counselling are provided “as is”. In all situations and circumstances, the maximum liability of Farah M Kurji Counselling and any and all of its directors, employees, contractors or affiliates to the User for damages for any and all causes whatsoever, and the User’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to any amount paid by the User to Farah M Kurji Counselling. In no event shall Farah M Kurji Counselling’s liability exceed the amount payable to Farah M Kurji Counselling from the User, and the User is fully aware that by entering into this Agreement the User assumes all risks which may arise from this Agreement, and agrees to hold Farah M Kurji Counselling harmless for anything that should arise as a result of this Agreement or the User’s use of the Site or the User’s relationship with Farah M Kurji Counselling.
The User agrees and acknowledges that Farah M Kurji Counselling’s role is solely as a technological platform, and acknowledges that Farah M Kurji Counselling is not responsible or liable in any way for any issues that arise from the User’s use of the Site, or in any way as a direct or indirect result of the User’s connection with others as a result of use of the Site.
The User agrees and understands that Farah M Kurji Counselling is not responsible for any copyright infringement that may take place through the use of this platform.
Farah M Kurji Counselling will not participate in any legal disputes or solve any issues that may arise between the User and any third parties as a result of the use of Farah M Kurji Counselling.
Farah M Kurji Counselling does not warrant that the Site is fit for any particular purpose, nor that the Services will be without disruption, not that any reports, date or information provided as part of the Services will be free from errors, omission, inaccuracies or nonconformities, and Farah M Kurji Counselling shall have no liability or obligation to the customer in this respect.
Farah M Kurji Counselling shall not be liable for any damage caused to the User or anyone connected to the User, such as the User’s parents or friends, or any other individuals, as a result of or in connection with the use of the Site.
Farah M Kurji Counselling is not liable in any way or for any reason for any injury or death which is in any way connected to the use of the Site. Farah M Kurji Counselling’s liability for any claims against it or the Site shall not exceed the total price paid by the User for the download of the Site or the price paid by any school divisions for the purchase of the Site.
Term and Termination
This Agreement shall commence at the time that the User commences use of the Site and shall continue until the Agreement is terminated by one or both of the parties at any time or for any reason. The User may terminate this Agreement at any time by terminating their account with Farah M Kurji Counselling.
Farah M Kurji Counselling may terminate this Agreement with the User at any time and for any reason and may terminate the User’s access to the Site and their account with Farah M Kurji Counselling at any time and for any reason.
The termination of this Agreement shall not affect the accrued rights and obligations of the parties hereto.
Both parties agree to use any Confidential Information disclosed by the other party solely in connection with the current or contemplated business relationship between the parties and not for any purpose other than as authorized by this Agreement without the prior written consent of an authorized representative of the disclosing party. Specifically, all information which Farah M Kurji Counselling may receive access to as a result of the site shall be kept completely confidential at all times and shall at no time be disclosed to any third parties for any reason whatsoever.
All parties agree to take the utmost care and caution in protecting the Confidential Information of the other party from unintentional disclosure to any third parties or to the public. However, if at any time, through no fault of Farah M Kurji Counselling, it is hacked in any way and Confidential Information is released, so long as Farah M Kurji Counselling has taken reasonable and appropriate methods to safeguard its Confidential Information, it shall not be liable in any way or to anyone for the release of this information.
The obligations of Farah M Kurji Counselling to the User under this Agreement shall be suspended and Farah M Kurji Counselling shall not be liable for damages, costs or expenses during the time and to the extent Farah M Kurji Counselling is prevented from complying with its obligations in whole or in part as a result of strikes, lockouts, acts of God, acts of the Queen’s enemies, wars, laws, orders or regulations of government bodies or agencies, terrorist acts, unavoidable accidents, delays in transportation, inability to materials and supplies in the open market place or any other cause beyond the reasonable control of Farah M Kurji Counselling.
Neither party to this agreement may assign this agreement in whole or in part without first obtaining the written consent of the other party.
Each party to this Agreement shall from time to time during the Term of this agreement, do all such further acts as may be reasonably required in order to properly and fully carry out the terms of this Agreement.
THE USER UNDERSTANDS AND ACCEPTS ALL OF THE ABOVE PROVISIONS AND AGREES TO BE BOUND FULLY BY THE ENTIRETY OF THIS AGREEMENT AS A RESULT OF USING THE SITE.