Key Element Solutions
TERMS OF PURCHASE

Last updated: August 31, 2022

Welcome to our Company’s check-out page!

You (hereinafter: the “Client”) understand that by clicking the payment button, entering your credit card and/or debit card information, making a cash, PayPal or Stripe payment, or otherwise enrolling, electronically, verbally, or otherwise, that you agree to be provided with products, programs, or services provided by Key Element Solutions, a Company in PROVINCE of ONTARIO (hereinafter: the “Company”), and hereby understand that you are entering into a legally binding Agreement with the Company and are subject to the following terms and conditions:

This Terms of Purchase is to be read in combination with this Website’s Terms and Conditions, Privacy Policy and Disclaimers.

1. TERMS OF PURCHASE
1.1 The intended purpose of this Agreement is to inform the Client of the Terms of their Purchase and any information regarding the Products and/or other Digital Products sold on or in connection with Podia and Key Element Solutions (hereinafter: the “Website”).

2. PURCHASE PRICE AND TERMS OF PAYMENT
2.1 The Client understands that unless otherwise specified on the order, payment of the purchase price shall be due on the date of purchase. The appropriate payment amount will be reflected upon checkout. The Client will be liable for all of the payments regardless of whether the Client continues to use the Program or not.

3. METHODS OF PAYMENT
3.1 The Company accepts payment methods indicated on the checkout page. If given the option to pay via instalments, the Client authorizes the Company to charge their payment account for them frequency and duration of the agreed upon payment plan as selected by the Client at time of purchase. It is the Client’s responsibility to ensure payments are made on time. In the event payments are not made on time, the Client understands that any delay in payments may result in the Company engaging a Debt Recovery Mercantile Agency or a Solicitor to recover the outstanding amount due and all applicable collection costs.

4. REFUND POLICY
4.1 We love our products, and we know you will too. If access to the product does not come to you, you can email our customer support team success@keyelement.ca and we can help you!
4.2 There will be no refunds of any kind for any and all digital products offered by the Company, sold on or through the Website or check out page. All sales of this type are full and final. By purchasing any and all digital products on this Website, the Client accepts without dispute the Terms of the Refund Policy and waives any and all claims in connection with the refund policies herein.

5. TERMINATION
5.1 The Client further understands that the Company retains the right to and may limit, suspend, or terminate the Client’s access to any digital products and/or services sold on or in connection with the Website, and associated social media groups, without refund if the Client (i) becomes disruptive or difficult to work with, (ii) fails to follow program guidelines, (iii) is found to harass other students of the Company, or harass the Company, (iv) participates in copyright infringement of any intellectual property produced and/or developed by the Company, (v) or is negatively speaking about the program, products and/or services offered by the Company in public forums without prior consultation with the Company as outlined herein. The Client understands that any money owing to the Company at the time of Termination will become due at the effective date of Termination.

6. INTELLECTUAL PROPERTY
6.1 Any designs produced by the Company for the Client will remain the intellectual property of the Company and may not be used in any other form without prior written consent. The Client is provided with a non-exclusive, non-transferrable single-user license authorizing the Client to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Company to the Client.

6.2 The Client agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by the Company or obtained through working with the Company, without the Company’s express written consent. If such behavior is discovered or suspected, the Company reserves the right to immediately end your participation in the Program without refund, as well as access to any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

7. DISCLAIMER
7.1 All products sold on or in connection with this Website and/or checkout page are solely meant to provide educational information. The Company does not guarantee any specific results, outcomes or changes to the Client’s current situation and the Client will hold the Company harmless if the Client does not experience desired results.

7.2 The Client understands that all services provided by the Company in connection with the products being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. The Client is choosing to purchase this product and work with the Company on a purely voluntary basis and does not hold the Company responsible should the Client become dissatisfied with any portion of the Product.

7.3 The Client understands and accepts that the Company is not a therapist, medical professional, psychiatrist, psychologist, or other agent of the Client. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.

8. LIMITATION OF LIABILITY
8.1 The Client understands and agrees that the information offered in products and/or services sold on or in connection with the Company is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. By purchasing the Company’s product the Client hereby releases the Company, and by extension its owner, from any and all claims whether known now or discovered in the future.

9. RELEASE OF CLAIMS
9.1 The Client releases any right to claims against the Company to the maximum extent as permissible under applicable law. The Client agrees that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of, or reliance on, our digital products, or content found therein, and the Client hereby releases the Company from any and all claims, whether known or unknown, now or discovered in the future.

10. NO NEGATIVE STATEMENTS OR ACTIONS
10.1 The Client shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company in any way. The Client acknowledges that the Company retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.

11. SEVERABILITY
11.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
12. DISPUTE RESOLUTION
12.1 Any disputes arising under this Agreement shall first be resolved through mediation.

13. APPLICABLE LAW
13.1 This Agreement shall be governed by and under control of the laws of the PROVINCE of ONTARIO regardless of conflict of law principles, and regardless of location of Client. The Client understands this and agrees that the laws of ONTARIO are to be applicable here.

14. BINDING EFFECT
14.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

15. CONTACT:
15.1 If you have any questions about these Terms, please contact us at success@keyelement.ca.