TERMS & CONDITIONS
Last updated: June 18, 2021
I: All Website and Service Users
As a visitor or user of the Website (a “User”), you agree to all of the following terms and conditions and any future revisions to these Terms during your use. The Terms have the same effect as an agreement in writing and govern your use of the Website and any and all services provided by CHA GLOBAL (the “Services”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF OR ACCESS TO THE WEBSITE AND/OR ANY SERVICES. We may modify the Terms at any time. Each time you visit or log into the Website, you reaffirm your acceptance of these Terms. We will do our best to inform our Users of any adjustments made, however it is ultimately the responsibility of the User to be aware and comprehend the Terms. The Terms may be supplemented by additional terms and conditions applicable to specific areas of the Website, to particular content or transactions posted in particular areas of the Website or to particular Services (see below under “CHA GLOBAL Service Subscribers”).
To use the Website and receive Services, you must be, and represent and warrant that you are, of legal age (18 years of age or older). By using the Website or Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that you are sufficiently authorized to bind such party to these Terms.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Website and use the Services (as applicable) for your personal, non-commercial use, and as we otherwise intend. CHA GLOBAL reserves the right to monitor the Services for the purpose of determining that your usage complies with these Terms.
- Prohibited Conduct:
You may not use the Website or Services other than as expressly permitted by these Terms. Without limitation, you may not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Website; (b) use the Services or Website for any commercial purpose; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Website; (d) interfere with or damage the Services, Website, or any underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services or Website; (g) collect information about users of the Website or the Services; (h) violate, misappropriate or infringe any third party’s intellectual property or other right, or any social media platform terms; (i) violate any applicable law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or Website.
- User Account Registration and Account Use:
If you create an account or subscribe to any mailing list on the Website, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your account and password, if applicable. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. When purchasing access to a Service, you agree to take all actions possible to protect your access details from fraudulent use.
You agree to notify CHA GLOBAL immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or legal fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by CHA GLOBAL or a third party due to someone else using your account.
CHA GLOBAL has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
- We May Discontinue or Suspend the Website or Terminate Your Use:
These Terms are effective unless and until terminated by you or us. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) and the Services with or without notice. You agree that we will not be liable to you or any third party for any such termination, modification, suspension or discontinuance of the Website or the Services. We may deny you access to all or part of the Website and the Services at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
If you terminate your account, you must contact us via email and you will remain liable under these Terms for any usage and purchases made prior to termination. If we terminate your right to access the Website and/or Services, all rights you have to access the Website and the Services will immediately terminate.
- We Retain All Rights in the Website and CHA GLOBAL Content; We Disclaim Any Liabilities in Connection with Third-Party Content and Services; You Grant Us Certain Rights When You Submit Content to Us:
The Website (including all text, photographs, graphics, video and audio content contained on the Website (collectively, “Website Content”)) is protected by copyright as a collective work or compilation under the copyright laws of Canada and/or other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos and other elements comprising the Website are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on the Website. The Website Content, trademarks, service marks and logos contained therein (“Marks”), the design of the Website and/or Services (“Site Design”), and all software and other technology used to provide the Website and/or Services (“Technology”), are owned by or licensed to CHA GLOBAL and/or its affiliates. Website Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Website, the Services and the Website Content. Using the Website and/or Services does not give you any ownership of or right in or to any Website Content.
The Website may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Website may contain links to third-party websites. CHA GLOBAL is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
If you send comments or suggestions about the Website, Website Content or Services to CHA GLOBAL (including, but not limited to, notes, text, drawings, images, designs or computer programs), such submissions will become, and will remain, the sole property of the CHA GLOBAL. No submission will be subject to any obligation of confidentiality on the part of CHA GLOBAL. CHA GLOBAL will exclusively own all rights to (including intellectual property rights thereto), and will be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
By sharing, posting or submitting content on or to the Website (regardless of the form or medium with respect to such content, whether text, notes, images, designs, ideas, videos, photographs, audio or otherwise, collectively, “User Content”), you grant CHA GLOBAL, and our affiliates, agents and third party contractors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish your User Content on the Website and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any image, drawing, video or other media submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the Website, compile, re-edit, adapt or modify your submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other submissions, and (unless you and we agree otherwise) you will have no rights with respect thereto and we or our licensees will be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in herein.
You also grant us the right to use and display your name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.
You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Website, including, without limitation, any personal information, such as your or other persons’ home/mailing address, email address, phone number, social media accounts, credit card information and physical location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE WEBSITE.
You represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant CHA GLOBAL the required rights to disseminate any User Content, (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or CHA GLOBAL’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Website, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, (3) publish falsehoods or misrepresentations that could damage us or any third party; (4) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, discriminatory, offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (5) you will not post content intended to provide professional advice, including the provision of medical advice; or (6) post advertisements or solicitations of business.
You understand that when you submit content in any form to CHA GLOBAL or the Website, we may authorize such content to be distributed or syndicated to or published on other CHA GLOBAL-branded environments. We have the right to remove or edit any User Content for any reason or no reason at all.
By accessing this website you acknowledge and agree that all communications between you and CHA GLOBAL are confidential, including but not limited to communications via e-mail, social media, text messages, phone, or otherwise. Disclosing, screenshotting, recording, disseminating, distributing, or copying any communication or any files or information contained in a communication is strictly prohibited without CHA GLOBAL’s express written consent.
You agree that in the event we are legally required to disclose any information about you we will do so without your consent or prior notice to you.
CHA GLOBAL respects the rights of others and we expect users of the Website and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
- Your Use of Our Content is Restricted:
Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Website, Website Content or the Services, except that you may make one print copy that is limited to occasional articles of personal interest only. You further acknowledge and agree that the formulas, techniques, concepts, ideas, and processes provided on the Website, including any videos, audios, images, and writings (collectively, the “Curriculum”), are confidential and proprietary in nature, and all rights thereto are held exclusively by us. You are granted a limited license to access such Curriculum for personal purposes, and agree not to reproduce, share, or exploit the Curriculum or content based off of the Curriculum in any manner. Without limiting the generality of the foregoing, you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
We are concerned about the integrity of the Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of the Website. Neither you nor any third party will make use of the contents of the Website in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
- We are Not Responsible for and Do Not Necessarily Hold the Opinions Expressed by Our Content Users, Subscribers and Contributors:
Opinions and other statements expressed by users, subscribers and third parties are theirs alone, not opinions of CHA GLOBAL. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Website and/or Services, CHA GLOBAL is not undertaking any obligation or liability relating to the content. CHA GLOBAL and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate or unlawful content. CHA GLOBAL and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, CHA GLOBAL reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
- Your Use of the Website and Services is Subject to Certain Disclaimers:
The Website and Services are provided “as available” and “as is,” to the fullest extent permitted by law, with no representations or warranties of any kind. CHA GLOBAL disclaims to the fullest extent permitted by law all warranties, express, implied and statutory, including all warranties of merchantability, fitness for a particular purpose, title and non-infringement. This provision is not intended to disclaim liability that we may not disclaim under applicable law.
CHA GLOBAL does not represent or warrant that the Website, Services or emails sent to you will be uninterrupted, error-free, secure, free of viruses or other harmful code, or that all information will be accurate or complete. You agree that your use of the Website will be at your sole risk and that you will be solely responsible for any damage to your hardware or loss of data that results from the download of material or data. CHA GLOBAL makes no representation, warranty, guarantee or promise that the Website or Services or online courses will meet your requirements or achieve any particular results. The Website may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles or other information created by us or by third parties. Due to the number of sources from which content on the Website is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose.
CHA GLOBAL does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any website featured or linked to through the Website, and CHA GLOBAL will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services. CHA GLOBAL will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage from the foregoing. The foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
The provisions above are intended to be as broad and inclusive as permitted by applicable laws.
CHA GLOBAL exists for educational purposes only and the materials and information contained in the Website, Website Content, Services and Curriculum are for general informational purposes only. No information provided by us is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to buy or sell, or as an endorsement, recommendation or sponsorship of any company, security, or fund. Our information should not be relied upon for purposes of transacting in securities or other investments. We do not offer or provide tax, legal or investment advice and you are responsible for consulting tax, legal, or financial professionals before acting on any information provided by us. The Website is continually under development and CHA GLOBAL makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. You acknowledge and agree that no representation has been made by CHA GLOBAL and relied upon as to future income, expenses, sales volume or potential profitability that may be derived from use of or participation in the Website or the Services.
CHA GLOBAL’s Services are not intended to diagnose, treat, or cure any psychological or medical conditions. The Website and the Services may include information and instruction relating to psychological and overall emotional and mental well-being, nutritional supplement suggestions, exercise and fitness, and some of the products and Services available through the Website relate to such topics for informational purposes only. You acknowledge and agree that the following warnings and disclaimers will apply to all such information, instruction, products and the Services:
- Before participating in any program or using products or the Services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other professional healthcare provider before beginning any Services or trying any products. CHA GLOBAL, its staff and the content-providers are not licensed medical care or healthcare providers, and are not rendering personal medical and/or psychological advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical or mental health conditions of any kind, or in determining the effect of hypnosis, psychological or any wellness Services or any specific exercise or diet supplement on a medical condition. The Website, including all content thereon, and the Services are not meant to be substitutes for medical advice from your physician or health care provider or any information contained on or in any product packaging or label.
- You should never disregard medical advice or delay seeking it because of a statement you have read on the Website and/or heard in the Services. The Website and the Services should not be used in lieu of advice given by qualified medical professionals such as your physician. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance.
- Based on the foregoing, nothing contained on the Website or other products or Services offered by CHA GLOBAL should be construed as any form of such medical advice or diagnosis. Without limiting anything set forth herein, you expressly waive and release any claim that you may have at any time for injury of any kind against CHA GLOBAL, or any person or entity involved with CHA GLOBAL, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
- Privacy Statement:
The Website only collects the personally identifiable information (“PII”) you voluntarily provide to us, which may include: your full name and email address in order to subscribe visitors to the newsletter; your full name, email address and message in order to contact us via our contact form; your full name, email address, billing address, shipping address and payment information in order to process product and/or Service orders; and your full name, email address, and website information in order to post comments on the Website.
We require only the information that is reasonably required to develop, maintain, and enhance the Website, deliver the Services and enter into a contract with you. We do not sell your PII to any third parties for advertising or other purposes.
The PII you provide is used to process transactions, send periodic emails, and improve the service we provide. We may share your PII with trusted third parties who assist us in operating the Website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your PII will never be shared with unrelated third parties.
We may record information relating to your use of the Website, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Website and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behaviour and characteristics in order to measure interest in and use of the various areas of the Website.
We maintain security measures to protect your PII from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your PII shared with us through the Website, you acknowledge that the personal information you voluntarily share with us through the Website could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through the Website without our knowledge or permission.
Under applicable privacy laws, as a “data subject” you have certain rights, such as: the right to be informed with respect to your PII retained by CHA GLOBAL; the right to request access to your data that we store; rights to either correct or erase your personal data; the right to seek restrictions on the processing of your data; the right to object to the processing of your data and the right to the portability of your data; the right to withdraw consent provided to CHA GLOBAL concerning the processing of your personal data, as well as the right to withdraw that consent at any time; the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists and the like; and the right to lodge a complaint with a supervisory authority that has jurisdiction over such issues.
You may access and correct your PII and privacy preferences, or request more information about our privacy controls and practices, by contacting us via email at email@example.com.
- Limitation of Liability:
To the fullest extent permitted by applicable law, in no event will CHA GLOBAL, its affiliates or their respective officers, directors, employees or representatives (collectively “CHA GLOBAL” for purposes of this Section) be liable for any indirect, incidental, special, consequential or punitive damages resulting from the performance, use of or the inability to use the Website, or the Services, even if CHA GLOBAL has been advised of the possibility of such damages, whether in an action in contract, tort (including negligence), strict liability, violation of statute or otherwise. CHA GLOBAL will not be liable for the cost of the Services, loss of revenue or loss of good will.
In any event, our aggregate liability to any User or purchaser of Services will not exceed the amount paid for the Service(s) (if any) to which the claim relates or, if the claim does not relate to a service, CAD$100. This provision is not intended to exclude liability that we may not exclude under applicable law.
You will defend, indemnify and hold harmless CHA GLOBAL, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including legal fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) arising from or related to any other party’s access and use of the Services with your unique login details such as, but not limited to, username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content or feedback; or (e) arising from, related to, or connected with your use or misuse of the Website or the Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
Any claim or controversy that arises between you and CHA GLOBAL relating in any way to any breach, enforcement, or termination of the Terms or your use of or access to the Website or the Services will be resolved in accordance with the following provisions:
- If you have any dispute with CHA GLOBAL, before taking any formal action, you will contact us via email, provide a brief written description of the dispute and your contact information (including the email address associated with your account, if your dispute relates to an account), and allow sixty (60) days to pass, during which CHA GLOBAL will attempt to reach an amicable resolution of any issue with you.
- The laws of the Province of British Columbia and the federal laws of Canada applicable therein are the governing and applicable law to these Terms. Such body of law will apply to these Terms regardless of your residence or the location from where you use the Website or Services.
- Any dispute, controversy or claim arising out of or relating to the Terms, including any question regarding their existence, interpretation, validity, breach or termination, or the relationship created by them, will be referred to and finally resolved by a single arbitrator pursuant to the British Columbia Arbitration Act. The place of the arbitration will be Vancouver, BC.
- No Waiver; Severability:
No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of CHA GLOBAL to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and CHA GLOBAL and govern your use of the Website and the Services and supersede any prior agreements between you and CHA GLOBAL on the subject matter. You also may be subject to additional terms that may apply when you use certain CHA GLOBAL Services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by CHA GLOBAL without restriction. These Terms bind and enure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of CHA GLOBAL. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Website and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise.
- Notices and Electronic Communications:
If you wish to transact or communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you have purchased access to the Services or otherwise provided your email address to us or, in the alternative, by posting a notice on the Website and such notice will be effective on dispatch. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. If you give notice to us, it will be effective when received and you must use the following email address:
II: Additional Terms and Policies Applicable to CHA GLOBAL Service Subscribers
We offer biyearly subscriptions to Be Seen Get Paid, monthly subscriptions to Elevate VIP coaching, which are described throughout the Website. As a purchaser, subscriber, member or user of any CHA GLOBAL products, Services, content, Curriculum or membership plans (a “Subscriber”) you agree to the following additional terms and conditions and policies, as applicable to the Subscriber’s particular purchase and any modification and/or renewal thereof from time to time.
All sales are final sale and there is no cancellation option. All purchases are final sale and refunds are not provided for previous months, regardless of whether the Subscriber has logged in to view the content or the Curriculum. CHA GLOBAL maintains the right to refuse refund at any time or provide the option to take CHA GLOBAL store credit to be used on future purchases. No refunds will be provided with temporary access issues with the app or downtime with the Website.
Subscriptions to our Services automatically renew upon expiry of the applicable service term (and payment will be charged to the previous payment method), unless the Subscriber provides written notice to CHA GLOBAL of its intent not to renew at least 60 days prior to the expiry date. We may offer discounts or other promotions from time to time, at our sole discretion, for package purchases, and early renewals.