Terms of Purchase

Last updated: March 27, 2024.

Thank you for your support and interest in Zen Mondays Services Inc.!

Please review these Terms of Purchase very carefully. By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.

These Terms are between you (hereinafter: the “Purchaser,” “you,” “your”) and Zen Mondays Services Inc., a Company in the Province of Ontario (hereinafter: the “Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital products, materials and/or services (our “Products”) whether through the Company’s website at www.zenmondays.com or any related domains or subdomains (hereinafter: the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties”, and each individually as a “Party”.

By clicking “Add to Cart”, “Buy Now”, or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions, together with the Terms of Use, Privacy Policy, and Disclaimers all of which are hereby incorporated by reference ( the "Terms"):

PRODUCT DELIVERY

1.1 When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website and/or as you selected prior to purchase. Please note that product delivery will differ based on when you make your purchase and if it is a digital or physical product. For more information, please refer to the product description and your download email. If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.

PURCHASE PRICE AND TERMS OF PAYMENT

2.1 You understand that unless otherwise specified on the order, payment of the purchase price shall be due on the date of purchase. The appropriate payment amount will be reflected upon checkout. You will be liable for all of the payments regardless of whether you continue to use the Products or not.

METHODS OF PAYMENT

3.1 By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited-time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service.

3.2 The Company accepts payment methods indicated on the checkout page. It is your responsibility to ensure payments are made on time. In the event payments are not made on time, you understand that any delay in payments may result in the Company engaging a Debt Recovery Mercantile Agency or a Solicitor to recover the outstanding amount due and all applicable collection costs.

3.3 Unless otherwise indicated, all Fees are in CAD/other currency.

CHARGEBACKS

4.1 By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.

REFUND AND RETURN POLICY

5.1 Due to the nature of delivery, there are no refunds of any kind, for any and all Products sold on or through this Website. All sales of this type are complete and final, and you waive any and all claims in connection with the refund policies herein. If for any reason the Product does not come to you the way you had hoped, you can email our customer support team info@zenmondays.com and we can help you!

PROMOTION AND DISCOUNTS

6.1 We may occasionally market and/or advertise promotions, discounts, limited-time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honour the new offer, give you store credit, or return a portion of your purchase.

TERMINATION

7.1 You further understands that the Company retains the right to and may limit, suspend, or terminate your access to any digital products and/or services sold on or in connection with the Website, and associated social media groups, without refund if you (i) fail to follow Company Policies outlined herein, or (ii) participate in copyright infringement of any intellectual property produced and/or developed by the Company as outlined in the Copyright Act. You understand that any money owing to the Company at the time of Termination will become due at the effective date of Termination.

INTELLECTUAL PROPERTY

8.1 Unless otherwise stated, Zen Mondays Services Inc. and/or its licensors own the property rights for all materials, and Products sold or downloaded through the Website, as well as any and all materials on accompanying social media platforms, including, but not limited to all social media accounts outlined herein. All intellectual property rights are reserved. If we have materials on the Website that you can download, permission is granted to download copies of said materials for personal, non-commercial transitory viewing only.

8.2 This is the grant of a license, not a transfer of title. Under this License you may access the Products or resources for personal use, but may not:

(i) Modify, copy, republish, reproduce, or redistribute the Products or resources;

(ii) Use the Products or resources, for any commercial purpose, including but not limited to: sell, rent, sub-license, or use for any public display (commercial or non-commercial);

(iii) Transfer the Products or resources to another person or ‘mirror’ the materials on any other server.

(iv) Share the Products or resources with a colleague, acquaintance, client, group member or other associate for purposes of distribution.

8.3 If such behaviour, as outlined above, is discovered or suspected, this license shall automatically terminate if confirmed as a violation of any of these restrictions. Zen Mondays Services Inc. reserves the right to immediately revoke your access to the Products or resources, as well as any programs or materials you may have purchased through the Website, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. Upon terminating your viewing of these materials or upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

CONSENT TO USE

9.1 By submitting reviews, images, comments, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.

DISCLAIMER, NO WARRANTIES AND NO GUARANTEES

9.1 You understand that Zen Mondays Services Inc. is NOT a law firm and is in no way providing any legal advice through your use of this Website or the Products and/or additional resources offered on or through this Website. You are fully responsible for the use of the Products and accompanying user manuals whilst assuming all risks of such use. By purchasing, reading, or customizing the Products, you understand that this action does not, in any way, create a solicitor-client relationship. If you require legal advice or representation, you are asked to please consult with a licensed lawyer in your jurisdiction.

9.2. You understand that by purchasing and/or downloading any Products or resources from this Website that you are taking full responsibility for the contents therein and assume all risks of such use.

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

9.4 The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.

9.5 You understand and agree that the content included in any of the Products is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of the Products.

LIMITATION OF LIABILITY

10.1 You understand and agree that the information offered in Products and/or services sold on or in connection with the Company is general information that may not be suitable for all persons, businesses, locations, countries, or persons in specific situations. By purchasing the Company’s Products you hereby releases the Company, and by extension its owner, from any and all claims whether known now or discovered in the future.

10.2 The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.

10.3 This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

ERROR IN STORE PRESENTATION

11.1 We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.

AGE LIMITATIONS

12.1 You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.

RELEASE OF CLAIMS

13.1 You agree to release any right to claims against the Company to the extent as permissible under applicable law and agree that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of, or reliance on, our Products, or content found therein. You further release the Company from any and all claims, whether known or unknown, now or discovered in the future.

MAXIMUM DAMAGES

14.1 Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.

NO NEGATIVE STATEMENTS OR ACTIONS

15.1 You shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company in any way. You acknowledge that the Company retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.

CHANGING TERMS

16.1 We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

SEVERABILITY

17.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

NO WAIVER

18.1 By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

TRANSFER AND ASSIGNMENT

19.1 You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.

DISPUTE RESOLUTION

20.1 In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding through Mediation, the Parties understand and agree that such dispute will be handled through binding arbitration. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Toronto, Ontario, Canada. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

APPLICABLE LAW

21.1 This Agreement shall be governed by and under control of the laws of the Province of Ontario, Canada regardless of conflict of law principles, and regardless of location of Purchaser.

NOTICES

22.1 We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Zen Mondays Services Inc. 720 Bathurst St, Toronto, ON M5S 2R4.

FORCE MAJEURE

23.1 To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

HEADINGS FOR CONVENIENCE ONLY

24.1 The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

BINDING EFFECT

25.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.

26.1 In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.

CONTACT:

27.1 If you have any questions about these Terms, please contact us at: info@zenmondays.com.