Terms and Conditions
Please read carefully before using this website.
Acceptance of Terms
Your use of this Website is expressly conditional upon your accepting and agreeing to these Terms. Your use of the Website will be deemed to be acceptance of these Terms. If these Terms are not acceptable to you, you must immediately terminate your use of this Website.
Website and Terms Subject to Change
We may, at any time, for any reason, and without notice, make changes to: (a) this Website, including its look, feel, format, or content; (b) the products or services offered through this Website; or (c) these Terms. Unless explicitly stated otherwise, any such changes or any new features or functionality we implement on our Website will take effect when posted to the Website and will be subject to these Terms, as amended from time to time. By continuing to use this Website, you will be deemed to have accepted and agreed to be bound by any such changes.
In order to access purchased courses and certain other features of the Website, you must become a member of The Femininity Project (“Member”) by registering to create an account (“Account“).
If you choose to register for an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to:
- provide true, accurate, current, and complete information about yourself as required by our registration form (the “Registration Data”);
maintain and update the Registration Data to keep it true, accurate, current and complete; and
- be responsible for all activities that occur under your Account.
- If you provide any information that is, or we have reason to suspect is, untrue, inaccurate, not current, incomplete, or otherwise in violation of these Terms, we have the right to suspend or terminate your Account and refuse any and all current or future use of our services.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Unless expressly authorized by a specific feature on The Femininity Project, you are not permitted to share your Account with anyone or allow others to access or use your Account. You must immediately notify us of any unauthorized use of your Account.
All material on this Website, any related registered domains and subdomains, and any other digital medium owned or operated by us, including, without limitation, the design, layout, videos, audio, text, photographs, graphics, interfaces, computer code, appearance, trademarks, and logos used therein are copyrighted works and are owned or licensed by us, unless otherwise specified, and are protected by Canadian and international copyright laws and treaty provisions.
Scope of Use
You may use or access the materials on this Website for your personal use only. You may not use the materials on this Website for any professional, commercial, or other business purposes without our prior written consent. No right, title, or interest in any of the materials contained on this Website is transferred to you as a result of accessing the materials on this Website. You may not copy, modify, distribute, transmit, display, reproduce, publish, or license any part of this Website, create derivative works from, link to, or frame in another website, use on any other website, transfer, or sell any information obtained from this Website without our prior written consent.
We may, in our sole discretion, permit you to submit or post material or content to or on this Website, such as messages on comment boards or on social media channels associated with this Website (“User Content”). By posting User Content, you grant us a license to use such User Content. We do not have to compensate you for our use of any User Content. We are not responsible for any safekeeping of User Content.
Your Representations and Warranties
You represent and warrant that you have the requisite rights in any User Content that you post on this Website. You agree that you will not submit or post material that is copyrighted, protected by trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights set out above.
You agree not to submit, post, or use any inappropriate content in relation to this Website, including but not limited to content that:
- contains falsehoods or misrepresentations that could damage us, our users, or any third party;
- impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to a civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate in our discretion;
- contains advertisements or solicitations of business; or
- contains anything, such as viruses, that will disturb, destroy, or impair the use of the Website.
Responsibility for User Content
Some of the forums (for example, comment boards or social media channels) on or associated with the Website are not moderated or reviewed. Accordingly, you will be held directly and solely responsible for any User Content you post. While not moderating these forums, we may periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements, or seem otherwise inappropriate in our discretion. We have full discretion to delete messages. Users are encouraged to read these Terms and the specific rules applying to any relevant forum before participating in that forum.
We reserve the right (but are not obligated) to do any or all of the following:
- record the dialogue in publicly accessible areas of the Website;
- examine an allegation that certain User Content does not conform to these Terms and determine in our sole discretion to remove or request the removal of such User Content;
- remove User Content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
- terminate a user’s access to any part or all of the Website upon any breach of these Terms;
- monitor, edit, or disclose any User Content posted on publicly accessible areas of the Website; or
- edit or delete any User Content posted on the Website, regardless of whether such User Content violates these Terms.
Third Party Websites
If you decide to access any of the third-party websites linked to on this Website, you do so at your own risk. We expressly disclaim any warranties, express and implied, as to the accuracy, validity, or legality of any materials or information contained on such third-party websites. We will not be liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of, or reliance on any content, products, or services available through such third-party websites.
Accuracy of Information
The information contained in this Website is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website or the information, products, or services contained on the Website for any purposes.
No Representations or Warranties
This Website is made available to you on an “as is” basis and your use of any information or materials on this Website, and any reliance you place on such information or materials, is entirely at your own risk, for which we will not be liable. We expressly deny any and all warranties and representations, express or implied, regarding this Website. For greater certainty, we do not represent nor warrant that the use of this Website will satisfy your purposes nor that use of this Website will be uninterrupted or free of inaccuracies. It will be your own responsibility to ensure that any products, services, or information available through this Website meet your specific requirements. None of the material on the Website is to be taken as advice of any kind.
If you access this site from any location outside of Canada, you agree that you are doing so on your own initiative and at your own risk and that you are wholly responsible for compliance with applicable local laws. We make no representation that the materials on this Website are appropriate or that any products or services offered through the Website are available for use in locations outside Canada.
Changes to the Website
We do not make any promise regarding the continuation of any current features or functionality or delivery of any future features or functionality. We have the right to change any of the features or functionality on this Website or the products or services being offered on this Website. We also reserve the right to change any fees and initiate any new fees in connection with the Website or any products or services being offered on this Website. We reserve the right at any time and from time to time to modify, discontinue, or otherwise make unavailable, temporarily or permanently, the Website, or any part thereof, with or without notice and solely at our discretion. We will not be liable to you or any third party for any loss or damage relating to such modification, discontinuance, or unavailability of the Website.
Limitation of Liability
Your use of the Website and any materials or content found on the Website is at your own risk. In no event will The Femininity Project Inc., its legal affiliates, or any of their respective directors, officers, shareholders, employees, or agents, be liable under contract (including fundamental breach), tort, negligence, strict liability, or otherwise for any direct, indirect, incidental, consequential, punitive, or special losses or damages, or for any losses or damages resulting from loss of business, loss of profits, loss of use, loss of or damage to data, or damages for pure economic loss, however caused, whether foreseeable or not, arising out of or in any way connected with access to, use of, or reliance on the materials or content found on the Website (even if we have been advised of the possibility of such damages), or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of, records, programs, or files, interruptions in telecommunications, connections to the website, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to the Website or the materials or content on the Website. The limitations in this section apply notwithstanding the failure of the essential purpose of any limited remedy.
Termination, Unauthorized Use
In the event that you breach these Terms, we have the right to terminate your access to the Website, to delete any User Content, and to disclose any of your information as necessary. Unauthorized use of this Website may give rise to a claim for damages and/or result in you being held liable for a criminal offence in a court of law. In addition, we reserve the right to terminate your access to our Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of us or our users as a whole.
You agree to indemnify, defend, and hold harmless The Femininity Project Inc., its legal affiliates, and their respective directors, officers, shareholders, employees, agents, licensors, and suppliers, from and against any and all claims, actions, demands, losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from, or alleged to result from, your acts, omissions, access to or use of this Website, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you will provide us with such cooperation as is reasonably requested by us.
These Terms do not create a joint venture, partnership, employment, or agency relationship between us and you.
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms and any such invalid or unenforceable provision will be deemed to be severable.
No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by the waiving party.
We have the right to assign these Terms in relation to a merger, acquisition, corporate reorganization, by operation of law, or otherwise.
The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of products, services or information by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.
If you have any questions or concerns about these Terms, please contact us in writing at email@example.com.
ONLINE COURSE TERMS AND CONDITIONS
Acceptance of Course Terms
Please read these Course Terms carefully before purchasing a Course from our Website. If you purchase a Course, you will be deemed to have accepted these Course Terms.
We may, at any time, for any reason, and without notice, make changes to: (a) our Courses, or (b) these Course Terms. Unless explicitly stated otherwise, any such changes or any new features or functionality we implement will take effect when posted to the Website and will be subject to these Course Terms, as amended from time to time. By purchasing a Course, you will be deemed to have accepted and agreed to be bound by any such changes.
Cancellation and Refunds
Due to the digital nature of the Courses, we do not offer refunds or exchanges on any Course purchases made from our Website.
The Courses are protected by copyright under the copyright laws of Canada and international copyright laws and treaty provisions. Reproduction of the Courses, or any part of the Courses, is prohibited except with our written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Courses.
When you purchase a Course from our Website, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Course you have purchased. By purchasing a Course, you do not gain ownership, nor can you claim the Course as your own.
Usage of Courses
The Courses are intended for personal use only and may not be used for any professional, commercial, or other business purposes. Courses may only be used by the purchaser. Your purchase of a Course does not entitle you to modify, share, resell, redistribute, or copy the Courses in any form.
Our Courses do not include the software needed to view them. Before purchasing a Course, please make sure you have an appropriate version of a web browser to view the Course. While we expect that our Courses will be accessible through most web browsers, we do not make any representations or guarantees that the Courses will be accessible with a particular web browser.
Storage and Backup of Files
You are responsible for the appropriate storage and backup of any purchased Course content, if applicable. We are not responsible for any lost files.
The Courses are designed for individuals who are in generally good physical condition and may not be appropriate for individuals with pre-existing injuries. You acknowledge that the exercises included in the Courses may activate, aggravate, or otherwise affect pre-existing injuries. You are solely responsible for seeking appropriate medical advice prior to making use of our Courses. We are not medical professionals, nor do we provide any advice of any kind in connection with our Courses. Any exercises, instructions, or other content included with our Courses are for general informational purposes only.
Acknowledgment of Risk
You acknowledge that the use of high heel shoes involves inherent risks including falling, twisted or sprained ankles, or other injuries.
You are solely responsible for (a) carrying out only those activities you feel safe and comfortable with; (b) ensuring you have the physical dexterity to carry out the exercises included in our Courses; and (c) following appropriate safety guidelines when performing the exercises included in our Courses, notwithstanding the instructions included in our Courses.
No Representations or Warranties
The information contained in our Courses is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability with respect to the Courses for any purposes.
Our Courses are made available to you on an “as is” basis and your use of the Courses, and any reliance you place on the Courses, is entirely at your own risk, for which we will not be liable. We expressly deny any and all warranties and representations, express or implied, regarding the Courses. For greater certainty, we do not represent nor warrant that the purchase of a Course will satisfy your purposes. It will be your own responsibility to ensure that the Course you purchase meets your specific requirements.
Your use of the Courses is at your own risk. In no event will The Femininity Project Inc., its legal affiliates, or any of their respective directors, officers, shareholders, employees, or agents, be liable for any losses or damages, medically or otherwise, including without limitation loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of our Courses. We take no responsibility for, and will not be liable for, any error or inaccuracies in our Course. The limitations in this section apply notwithstanding the failure of the essential purpose of any limited remedy.
Changes to Website, Courses, or Fees
In connection with any purchase of Courses from our Website, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future features or functionality. We have the right to change any of the features of the Courses. We also reserve the right to change any prices and initiate any new fees in connection with the Courses.
You agree to indemnify, defend, and hold harmless The Femininity Project Inc., its legal affiliates, and their respective directors, officers, shareholders, employees, agents, licensors, and suppliers, from and against any and all claims, actions, demands, losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from, or alleged to result from, your acts, omissions, access to or use of the Courses, your violation of these Course Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you will provide us with such cooperation as is reasonably requested by us.
The invalidity or unenforceability of any provision of these Course Terms will not affect the validity or enforceability of any other provision of these Course Terms and any such invalid or unenforceable provision will be deemed to be severable.
No waiver of any breach of any provision of these Course Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by the waiving party.
We have the right to assign these Course Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Course Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of services or materials by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.
If you have any questions or concerns about these Course Terms, please contact us in writing at firstname.lastname@example.org.
Definition of Personal Information
Personal information is defined as information that can identify an individual and information about an identifiable individual, which means a person can be identified by the information either directly or in combination with other information.
Basis for Collecting Personal Information
We collect and process your personal information only when we have a lawful basis to do so. Lawful bases include your consent, the fulfillment of our contractual rights or obligations, complying with applicable law, and the legitimate interests of us or third parties (provided that processing your data for a legitimate interest does not outweigh your rights and freedoms).
Examples of a legitimate interest include: (a) analyzing user data to maintain and improve the Website for all users; (b) providing you with access to our Website; (c) providing you with up-to-date information about new features of our Website; and (d) engaging third-party providers to deliver certain features of the Website. You may withdraw your consent or object to a legitimate interest at any time by contacting us at the email address provided below.
Information We Collect
We collect personal information when you choose to access or use certain features of the Website, including: (a) making purchases; (b) consenting to receive email or text messages; or (c) posting User Content.
Personal information that we may collect may include:
- identifying information such as your name, address(es), telephone number(s), email address(es), and IP address(es);
- location data and demographic data such as your gender and age;
- any content that you generate, or that is connected to you, as a result of creating an Account or subscribing to our services;
- content that you submit or post on the Website;
- financial and billing information (such as credit card numbers) in connection with purchases made on the Website;
- any other information you provide us through a web form, by updating or adding information to your Account, through your participation in community discussions, chats, dispute resolution, or when you otherwise correspond with us; and
- additional information we are required or authorized by applicable laws to collect and process in order to authenticate or identify you or to verify the information we have collected.
How We Use Personal Information
Your personal information is used to provide you with an enjoyable and convenient online experience and to help us identify and provide information, products, or services to you. We use your personal information to support and enhance your use of the Website and its features, including without limitation: (a) fulfilling your order; (b) providing customer service; and (c) otherwise supporting your use of the Website.
We use non-identifying and aggregate information to better design our Website and for business and administrative purposes. We may also use or share with third parties for any purpose, aggregated data that contains no personal information.
We are not liable or responsible for the personal or other information you choose to submit in any publicly accessible area of the Website.
How We Protect Personal Information
In recognition of our legal obligation to protect your personal information, we have made arrangements to protect against unauthorized access, collection, use, disclosure, copying, modification, disposal, or destruction of personal information. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we take physical and electronic security measures to safeguard and secure the information and data stored on our system to a level appropriate to the type of data involved.
How Long We Retain Personal Information
We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain your personal information, to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms, or take other actions permitted or required by applicable laws. After it is no longer necessary for us to retain your personal information, as determined by us in our sole discretion in accordance with applicable laws, we dispose of it in a secure manner according to our data retention and deletion policies.
Notwithstanding the above, we do not store your financial or billing information. When you submit your credit card information to us in connection with a purchase of products or services on our Website, it is transmitted through the payment processor on our Stripe account, which is a PCI DSS compliant Level 1 Service Provider.
Location of Servers
We may create, maintain, and archive information on servers that are not located on our immediate premises and may be located in Canada, the USA, or another country, where the laws may be deemed by other countries to have inadequate data protection. Please be advised that a foreign government may be able to access data relating to your use of the Website, including your personal information, for lawful access purposes. If you continue to use the Website, you consent and continue to consent to us creating, maintaining, and archiving information on servers located on a third party’s premises within Canada, the USA, or another country. We have agreements in place with our affiliates and contractors that include standard contractual clauses to protect your rights with respect to your data.
The Website not directed to individuals under the age of 18 (“Minors”). We do not knowingly solicit personal information from Minors. If you are a Minor, please do not use the Website or submit any personal information through the Website. Parents should be aware that there are parental control tools available online that can be used to prevent Minors from submitting information online without parental permission or from accessing material that is harmful to Minors. If you have reason to believe that a Minor has provided their personal information to us, please contact us at the email address provided below, and we will delete that information.
Disclosure of Personal Information
- Law Enforcement: We cooperate with government and law enforcement officials or private parties to enforce and comply with applicable laws. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect our property or rights or the property or rights of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable laws.
- Service Providers: We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, database storage and management, payment services, and direct marketing campaigns. This is collected in order to better understand our Website usage, and enhance the performance of our services to maintain and operate the Website and certain features on the Website. We will share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Consent for Collection, Use, and Disclosure
Third Party Websites
We only send promotional and marketing communications with your consent. If you no longer wish to receive these or other communications from us, please send us an email at the email address provided below. You can also stop receiving newsletter email communications from us by clicking on the “unsubscribe” link provided in such communications.
Requests to Access, Correct, or Delete
We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access and make corrections to it. You can view and change your personal information by signing in to your Account. Please update your personal information immediately if it changes or is inaccurate.
Upon your request, we will remove your personal information from view as soon as reasonably possible, in accordance with applicable laws. Depending on the law that applies where you live, you may have additional rights, such as the right to request that we send your information to another organization of your choice (where technically feasible).
Improper Collection and Misuse of Personal Information
Please report any improper collection or misuse of personal information provided on the Website to us at the email address provided below. Depending on the law where you live, you may also have the right to file a complaint with your local data protection authority.
Notification of Changes