Terms and Conditions of Systems Business Coach Inc.

Last updated: May 11, 2020

 

This Terms of Use (the “tou”) is entered into between you (“you” or “your”) and Systems Business Coach Inc. (“SBC”, “we” or “our”) and applies to SBC services, including but not limited to the SBC websites at systemsbusinesscoach.com, organizedandprofitable.com, smallbusinesscoachtraining.com and members.smallbusinesscoachtraining.com, (each, the “Website”), SBC application tools and SBC products (collectively, the “Service”).

BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE OR BY SIGNATURE YOU ARE AGREEING TO BE BOUND BY THE TOU. 

 

1. Description of the Service

SBC is a coaching platform that assists coaches (each, a “Coach”) and their clients (each, a “Client”) achieve their business goals.  In order to help each Coach and Client achieve their goals, the Service may collect certain important information when you use the Service.  As the information we collect may include sensitive data, we aim to be transparent and clear about how we collect, use and share data about each Coach and Client, including you.

 

2. UPDATES

SBC reserves the right to modify the TOU at any time (each, an “Update”) and shall make each Update available on the Website.  You are deemed to accept any Update by continuing to use the Service.  Unless SBC states otherwise, an Update is automatically effective 30 days after posting on the Website.

 

3. ACCESS to the Service

3.1 Age of Access.   You must be at least the age of majority in your jurisdiction in order to use the Service.  If you already accessed the Service and have yet to reach the age of majority in your jurisdiction, you must immediately cease use of the Service.  

3.2 Accounts and Login Information.  Access to the Service may require registering an account with SBC (each, an “Account”).  In order to access an Account, you may be required to obtain a user ID and password or an access code, typically sent via email (collectively, “Login Information”).  You shall manage and ensure the security, confidentiality and authorized use of Login Information.  You are prohibited from sharing Login Information.  SBC strongly recommends that you keep your Login Information confidential and you shall notify SBC promptly of unauthorized access or use of your Account.

3.3           Subscription Fee.  SBC may charge a fee in connection with each Account (the “Subscription Fee”).  If you are a Coach, you shall provide SBC with credit card and billing information and execute any necessary preauthorized debit form, preauthorized bill payment form, wire transfer, electronic funds transfer, or electronic payment system to pay the Subscription Fee (“Authorized Payment”).  SBC, or any third party acting on SBC’s behalf, is authorized and has the right to automatically charge the Subscription Fee to such Authorized Payment each month unless you terminate the Services as described in this TOU.  The Subscription Fee excludes applicable taxes, which SBC may charge as required by the laws of your jurisdiction.   The current Subscription Fee schedule is listed on the Website at https://www.systemsbusinesscoach.com/hire-a-business-coach/, which may change at any time at Company’s sole discretion, but Company shall provide prior written notice of any Subscription Fee increase.  The Subscription Fee is earned upon payment and is non-refundable.  You are also responsible for any other purchases you make either through your Account and/or any guest checkout purchases you make. 

3.4           Taxes. The Subscription Fee excludes taxes, duties and charges, which you shall pay as well. If SBC pays or collects taxes on your behalf, SBC shall invoice you for the applicable amount, which you shall pay on the same terms as the Subscription Fee.

 

4. SUBSCRIPTION AND LIMITED LICENSE

4.1 Subscription.  SBC grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable, subscription to access the Service and to use features associated with an Account.  You acknowledge and agree that we may modify, suspend or remove sections or features of the Website, your Account or any part the Service at any time acting in our sole and absolute discretion.

4.2 Limited License.  If you are a Coach, SBC may grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service if you have downloaded, installed, purchased or subscribed, as applicable, for providing SBC coaching services only (a “Limited License”).  Except as expressly permitted under this TOU or as permitted by a separate written agreement between you and SBC, you have no additional rights to the Service.  

 

5. Additional Services

A Coach may request SBC to perform additional services, such as in-person coaching services (“Additional Services”).  The scope of such Additional Services shall be described in a separate agreement and such agreement terms shall supersede the terms expressed in this TOU. 

 

6. Information Accuracy

6.1 Information Provided by Coaches and Clients.  The accuracy of responses provided by Coaches and Clients to any questions posed by SBC through the Service are crucial to the quality of the Service.  If you are a Coach or Client and provide false or inaccurate information, the Service will be significantly affected and, in some cases, may be either unhelpful or even possibly harmful to your particular business goals.  You agree to provide truthful and accurate information whenever interacting with the Service. 

6.2 Information Provided to Coaches.  If you are a Coach, SBC is not obligated to check the accuracy of any information provided by you or the Clients with which you work, including but not limited to, answers and responses provided through the Service.  It is assumed for the purposes of the Service, including for any analytics or data provided through the Service, that information supplied by Clients and Coaches is accurate.  SBC DISCLAIMS ALL LIABILITY ASSOCIATED WITH THE ACCURACY OF THE DATA OR ANALYTICS PROVIDED THROUGH THE SERVICE AND UNDER NO CIRCUMSTANCES DOES SBC ENDORSE THE ACCURACY OF SUCH DATA OR ANALYTICS. 

 

7. USE OF THE SERVICE

7.1 Authorized Use.  When using the Service, you may not:

  1. knowingly provide false or inaccurate information to SBC, including but not limited to, information provided through the Service;
  2. share your Account with others, except as permitted by this TOU or in writing approve by SBC;
  3. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code or gain unauthorized access to the Service;
  4. alter, change or circumvent security related aspects of the Service;
  5. use any automated system (bot, spider, etc.) to access the Service;
  6. reproduce, rearrange, modify, change, alter, translate, create derivative works from, display, perform, publish, or distribute the Service;
  7. break, disrupt or attempt to break or disrupt any device used to support the Service or other’s experience of the Service or knowingly exploit a flaw or bug in the Service;
  8. store or transmit material that is infringing, libellous, unlawful or in violation of any person’s rights or a group of people’s rights;
  9. use the Service to provide information or data to a competitor of SBC;
  10. harass, abuse, stalk, threaten or impersonate any person or group of people;
  11. sell, rent, lease or sublicense the Service or access thereto, unless expressly permitted by SBC;
  12. promote, encourage or undertake illegal activity; or
  13. infringe or violate third-party rights including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information,

as determined by SBC in our sole and absolute discretion.

7.2 Suspension and Termination.  SBC may suspend or terminate access to the Service and/or your Account, without notice or compensation to you, at any time for any reason (or for no reason) including but not limited to technical issues, your non-compliance with the TOU or your failure to adhere to the terms of an agreement with SBC.  SBC has sole discretion to lift a suspension or reverse a termination.  Your access to the Service and/or your Account, automatically terminates upon the earliest of the date: (a) you or SBC terminates access to your Account; (b) of your non-compliance with the TOU; or (c) when your click the cancel Subscription button within the Service or send an email with the subject line “Cancel Subscription” to admin@systemsbusinesscoach.com. 

7.3 Privacy Policy and Privacy Law Compliance.   Your use of the Service is governed by a Privacy Policy detailing how SBC collects, uses and discloses personal and anonymous data about you and is available at https://www.systemsbusinesscoach.com/privacy-policy/.  If at any time you disagree with the Privacy Policy, you must immediately stop use of the Service and contact SBC at the address provided below.

If you are an Coach, by agreeing to the TOU and using the Service, you represent and warrant that your use of the Service complies with applicable privacy laws, including any and all requirements to obtain the consent of each Client prior to directly providing SBC any personal data regarding such Client.

 

8. PROPRIETARY RIGHTS

8.1 Ownership and Rights.  SBC retains all right, title and interest in the Service and the Additional Services, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names and trade secrets, and in Accounts or modifications to the Service or responses to questions provided by Clients or Coaches through the Service.  The TOU does not convey any right, title or interest in, or constitute the sale of any right to, the Service, Additional Services, any related software or your Account.

8.2 User Content.  Through the Service, you may provide SBC with responses, comments, recommendations, advice, ideas, submissions, forum posts, information about your businesses or other information (“User Content”).  By providing User Content, you represent and warrant that all consents, licenses and rights necessary to license User Content to SBC are obtained and hereby grant SBC an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to User Content under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums without attribution, notice, permission, royalty or payment.  SBC is under no obligation to review or act upon any User Content that you may provide. 

 

9. DISCLAIMER and limitation of liability 

9.1 DISCLAIMER.  THE SERVICE IS PROVIDED TO YOU “AS IS” AND SBC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR COMPLIANCE WITH LAWS WITHIN YOUR JURISDICTION.  WITHOUT LIMITING THE FOREGOING, SBC MAKES NO REPRESENTATIONS THAT USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK LAW OR OTHER RIGHTS HELD BY A THIRD PARTY.  FURTHER AND WITHOUT LIMITING THE FOREGOING, SBC AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE, SERVICES PERFORMED AND PRODUCTS PROVIDED BY SBC OR OTHER THIRD PARTIES OR ANALYTICS PROVIDED THROUGH THE SERVICE, WILL COMPLY WITH APPLICABLE LAWS WITHIN YOUR JURISDICTION, MEET YOUR REQUIREMENTS, NOT CAUSE DAMAGE TO YOU, YOUR PROPERTY OR PROPERTY OF OTHERS, OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE OR RESULT IN LOST DATA.  NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY SBC AND THE REPRESENTATIVES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION.  YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.

9.2 LIMITATION OF LIABILITY.  SBC AND THE REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR THIRD-PARTY SERVICES, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES.  TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT YOU MAY HAVE AGAINST SBC AND THE REPRESENTATIVES MUST BE COMMENCED NO LATER THAN 6 MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED BY YOU.

9.3 MAXIMUM AGGREGATE LIABILITY.  NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD SBC AND THE REPRESENTATIVES FROM LIABILITY, YOU AGREE THAT SBC’S (AND THE REPRESENTATIVES’) MAXIMUM AGGREGATE LIABILITY IN ANY CASE WHATSOEVER WILL BE THE TOTAL AMOUNT PAID BY YOU TO SBC IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION.

9.4 Indemnity.  You shall defend and indemnify SBC and the Representatives against any claim, demand, suit or proceeding made or brought against SBC and the Representatives in connection with your use of the Service, including claims that SBC, the Service, or you, (i) infringe or misappropriate a third party’s intellectual property rights, (ii) violate any applicable law, including any failure to obtain the required legal documentation, including applicable consent documentation, prior to using the Service, (iii) cause bodily harm or death, or (iv) commit an act of gross negligence or intentional misconduct.  Your obligation to indemnify SBC and the Representatives arises so long as SBC: (a) promptly gives written notice of the claim against SBC (b) gives you sole control of the defense and settlement of the claim except that you shall not enter any settlement or disposition that attributes liability or confers a financial obligation on SBC without SBC’s advance written consent, which shall not be unreasonably withheld or delayed; and (c) gives all reasonable assistance, at your expense.

 

10. GENERAL

10.1 No Joint Relationship with Coaches.  Nothing in the TOU shall be construed to create any joint partnership, joint venture, employer-employee or agency relationship between a Coach and SBC.  

10.2 Governing Law.  The TOU and Privacy Policy are governed by the laws of the province of British Columbia and the laws of Canada, without reference to principles of conflicts of laws. The parties irrevocably attorn to the jurisdiction of the appropriate provincial and federal courts of the province of British Columbia to hear any proceedings related to the TOU or Privacy Policy.

10.3 Severability and Waiver.  If any provision of the TOU or Privacy Policy is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law with remaining provisions of the TOU in full force and effect.  No failure or delay by a party in exercising any right, power or remedy under the TOU constitutes a waiver. 

10.4 Assignment.  SBC may assign the TOU without your consent or notice to you.  You cannot assign the TOU.

10.5 Survival.  Sections 3.4, 5, 6.2, 8, 9, and 10 survive termination of the TOU.

 

Entire Agreement.  The TOU, together with the Privacy Policy, constitute the entire agreement between you and SBC with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provi

These Terms govern

  • the use of Systems Business Coach Inc., and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.


The User must read this document carefully.

Systems Business Coach Inc. is provided by:

Systems Business Coach Inc. – 3963 205B Street, Langley, BC V3A2B2

Owner contact email: contact@systemsbusinesscoach.com

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Systems Business Coach Inc..

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Systems Business Coach Inc., Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;

Content on Systems Business Coach Inc.

Unless where otherwise specified or clearly recognizable, all content available on Systems Business Coach Inc. is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Systems Business Coach Inc. infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Systems Business Coach Inc. – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Systems Business Coach Inc., nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on Systems Business Coach Inc., the User may download, copy and/or share some content available through Systems Business Coach Inc. for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through Systems Business Coach Inc. Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Systems Business Coach Inc. and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Systems Business Coach Inc. and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Systems Business Coach Inc. or the Service, terminating contracts, reporting any misconduct performed through Systems Business Coach Inc. or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Systems Business Coach Inc. is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Systems Business Coach Inc. and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Systems Business Coach Inc..

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Systems Business Coach Inc. are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Systems Business Coach Inc. are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of Systems Business Coach Inc. must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

Definitions and legal references

Systems Business Coach Inc. (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides Systems Business Coach Inc. and/or the Service to Users.

Service

The service provided by Systems Business Coach Inc. as described in these Terms and on Systems Business Coach Inc..

Terms

All provisions applicable to the use of Systems Business Coach Inc. and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Systems Business Coach Inc..

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.