ONLINE PROGRAM TERMS OF USE AGREEMENT

This Online Program Agreement (“Agreement”) is between Crunch Consulting O/A Builders for Climate Action (“BFCA”) and the registered participant of the Services (“Client”), collectively the “Parties”. This Agreement sets out the expectations for what it will be like for Client to participate in an online program provided by BFCA (“Program”). For mutual consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the terms and conditions set out below.


By registering for the Program, Client confirms that they have read, understood and agreed to accept all of the terms and conditions in this Agreement. 



TERMS OF AGREEMENT HEMPCRETE MASTERCLASS

Term

BFCA will provide the Services, beginning on the purchase date of the Program and continue until the Program is completed (“Term”).  


Client will receive 12 months of access to BFCA’s program Hempcrete Masterclass beginning on the purchase date of the Program and ending 12 months from purchase date.


Online Program
Client is purchasing BFCA’s Hempcrete Masterclass.


Services

BFCA will provide Client with the following services as part of the online Program (collectively, “Services”):


BFCA has the sole discretion to update, delete, or add Services from time to time.


TERMS OF AGREEMENT BEAM ESTIMATOR COURSE


Term

BFCA will provide the Services, beginning on the purchase date of the Program and continue until the Program is completed (“Term”).  


Client will receive 2 weeks of access to BFCA’s program BEAM ESTIMATOR COURSE beginning on the purchase date of the Program and ending  2 weeks from the purchase date.


Online Program
Client is purchasing BFCA’s BEAM Estimator Course.


Services

BFCA will provide Client with the following services as part of the online Program (collectively, “Services”):



BFCA has the sole discretion to update, delete, or add Services from time to time.



CLIENT EXPECTATIONS

Client Behaviour

It is expected that Client will be respectful and cooperative towards BFCA and to fellow participants in any online public or private forums included as part of the Services. If at any time BFCA, in their sole discretion, determines that Client is not acting in accordance with these expectations, BFCA will provide written notice of termination of the Agreement effective immediately, without refund, and any payments owing towards the Fee will immediately become due. 


Non-Disparagement

Client will not make any false, disparaging or derogatory comments or statements in public or private regarding BFCA, its employees or agents. BFCA may, in its sole discretion, terminate this Agreement in the event Client is in breach of this section. 


Course Registration

The Client agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Client is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under the Client’s account. In consideration of use of the Website, the Client agrees to maintain and update true, accurate, current and complete Registration Data. If the Client provides any information that is untrue, inaccurate, not current or incomplete, or if BFCA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BFCA may suspend or terminate Program access without refund.


FEES AND PAYMENT



Fee and Payment

The total fee is payable in CDN plus all applicable sales taxes (“Fee”). The Fee is due at the time of purchasing the Program. BFCA may from time to time at its sole discretion offer sales on its programs. No refund will be issued to any Client who has purchased the program at regular price.


Course Prices are as follows:

$299 for Hempcrete Masterclass

$225 BEAM Estimator Tool


Payment Method
BFCA accepts payment by CREDIT CARD only. 

Credit Card Authorization
Client acknowledges and authorizes BFCA to automatically charge their credit card provided to BFCA for all payments owing under this Agreement. Client authorizes BFCA to charge all payments to Client’s credit card at the time payment is due and no separate authorization is required. If Client cancels or replaces credit card, Client must immediately provide BFCA with new credit card information. 

No Chargebacks
Client acknowledges and agrees that the terms of this Agreement and BFCA’s termination and refund policies supersede the terms of use and refund policies of any third-party payment processor used by BFCA. Client will be responsible for any fees, including legal fees, incurred by BFCA as a result of recouping payments owing under this Agreement. 

Late Payments
If any payment is not received on the payment due date, BFCA may revoke access to Services and the Program until any outstanding payment is received in full.


CANCELLATION AND REFUNDS


Cancellation by Client

In the event Client wishes to cancel the Services at any time, Client will not receive any refund of the Fees paid to BFCA, whether or not Client participated in the Services. BFCA does not provide refunds for online courses.

Cancellation by BFCA 

In the event BFCA wishes to cancel the Services, BFCA will provide written notice to Client that access to the Services will be canceled, and Client will receive a full refund of the Fees paid to BFCA.

No Refunds

Client is not entitled to any refund of the Fee. BFCA may provide a refund or apply any payments to future Services in limited cases where it deems, in its sole discretion, to be appropriate and in an amount to be determined by BFCA on a case by case basis. 

BFCA shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Client hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.


Termination of Agreement

This Agreement will end when Client has paid the Fee in full to BFCA and BFCA has performed the Services as set out in this Agreement. Any provisions that survive the termination of this Agreement will remain in full force.




CONFIDENTIALITY AND PRIVACY


Confidentiality and Non-Disclosure

Client understands that as part of the Program and Services, certain confidential information may be disclosed either orally or in writing. For the purpose of this Agreement, “Confidential Information” means information that is of value and is treated as confidential and proprietary by its owner, and includes but is not limited to, Program materials, teaching materials, business records, financial data, marketing strategies, advertising campaigns, social media account metrics, passwords, inventions, client lists, personal data, intellectual property, trade secrets and the contents of this Agreement (“Confidential Information”). Client agrees not to disclose to any other person or entity or make use of the Confidential Information without the express written consent of the other, except to the extent that such disclosure is necessary to carry out their duties under this Agreement or as required by law. At the end of the Term or early cancellation of this Agreement, each Party will remain bound by their duty of confidentiality to the other.

 

Privacy Policy
BFCA may collect personal information during the Term, including Client name, address, email address, phone number, billing information, financial and business information, or other personal information (“Personal Information”). By providing any Personal Information to BFCA, Client consents and grants BFCA permission to use and store such information in order to facilitate the Services. Client acknowledges and consents to the use of technology, telephones, e-mails, applications and third-party platforms that use video and audio, such as but not limited to, Zoom and Thinkific, and third-party payment providers to be used by BFCA in order to deliver the Services. Client confirms BFCA is not responsible for the terms and policies of any third-party platforms and it is Client’s responsibility to review third-party privacy policies and terms and conditions. BFCA will not share or sell the Client’s Personal Information to third parties.


Membership Security
When you purchase the Program, you are required to create a username and password to access the Program platform and other Program Services. It is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate the terms of this Agreement. If you become aware that your password has been compromised, or your account has been breached, it is your responsibility to notify us immediately by emailing us at admin@buildersforclimateaction.org

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INTELLECTUAL PROPERTY 

 

Ownership and Use of Materials

Client acknowledges that all content and materials used and distributed in providing the Services, including any content, videos or resources on BFCA’s website, social media platforms and Client/member portal (“Materials”) belongs exclusively to BFCA, who is the sole copyright owner of the Materials, unless stated otherwise. By receiving any unique and original materials from BFCA as part of the Services, BFCA will grant a limited non-exclusive royalty-free license to Client for their use only and as directed by BFCA. Client is strictly prohibited from reproducing any part of the written, video, and audio digital materials or sharing them with others without BFCA’s explicit permission to do so. Client may not assign or transfer their obligations or rights granted under this section to any person at any time. BFCA reserves the right at any time to revoke the license and terminate Client’s access to the Program at any time if BFCA, in our sole discretion, discover or determine that Client has violated these terms. All of BFCA's intellectual property, including copyrighted materials and trademarks, will remain the sole property of BFCA.


Recordings

Client will not capture any of the Program sessions in any way, including but not limited to video recording, photography, voice recording or screen shots. Any recordings provided by BFCA will be for Client’s own use only and Client agrees they will not duplicate or share the recordings with any other person. 


 RELEASE, INDEMNITY AND WAIVER


PLEASE READ CAREFULLY. It is important Client fully understands that there are risks associated with the Services, and ask questions as needed. Client acknowledges and understands that they are waiving certain legal rights by signing this Agreement.


Voluntary Assumption of Risks
Client acknowledges there are certain inherent risks associated with BFCA providing the Services, including, but not limited to financial, physical, emotional, spiritual loss and damages and Client voluntarily assumes such risks by purchasing the Program. Client expressly acknowledges that the dangers and risks associated with the Services and Program listed here are not complete. Should Client have any concerns or doubts about ability to participate or receive BFCA’s Services, Client will contact BFCA immediately to inform them of any concerns. Client confirms they have full capacity and are the age of majority in their jurisdiction of residence to enter into this Agreement.


Release, Waiver, and Indemnity

Client releases, indemnifies and saves harmless BFCA, its directors, officers, agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) from any and all liability and damages arising from the Services, including financial damages or personal injuries, however caused, including negligence, during Client’s engagement of BFCA for the Services. Client further agrees to forfeit all forms of legal recourse which may be available to Client, including but not limited to any form of damages, costs, losses or expenses as a result of the Services. Client acknowledges this release of liability is binding on Client’s heirs, executors and anyone else who may be able to bring a legal action on Client’s behalf in the future. This clause survives the expiration or early termination of this Agreement.




Limitation of Liability

In the event BFCA is found liable for any reason for damages arising directly or indirectly from this Agreement, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed the Fee paid by Client to BFCA. 


No Warranty
Client acknowledges BFCA makes no warranty or guarantees that the Services will lead to any specific Client goal, financial success or particular results and BFCA makes no promise that each Client will experience the same or similar results. Client acknowledges that the Services provided are provided without any express or implied warranties of any kind.


General Disclaimer

The Services and Program provided by BFCA are strictly for informational and educational purposes only. Client acknowledges and agrees that BFCA is not providing specific advice to Client with respect to their design, construction drawings, construction process, legal, financial, accounting, health or other advice as part of the Services. Further, BFCA does not have any responsibility to update or revise any information presented as part of the Services or to ensure it is accurate. If Client desires professional services that exceed the scope of the Services, BFCA strongly encourages Client to seek specific design, architectural, engineering, construction, financial, legal, business, advice from certified and/or licensed professionals. No specific client-professional relationship is formed as part of the Services. 

In the event Client wishes to hire BFCA for additional professional services, Client must contact BFCA to inquire about entering into a separate agreement with BFCA, and Client understands that no specific advice or relationship is formed until BFCA is retained in their professional capacity. 


No Earnings Guarantee
Client acknowledges BFCA makes no warranty or guarantee that Services will lead to any specific earnings, business growth or financial results or that Client will experience the same or similar results as others who use the Services.


Media Release

Client grants to BFCA an irrevocable, worldwide, perpetual and unrestricted right to use any media, such as photographs, video, audio recordings, testimonial or social media posts, whether captured by Client, BFCA or third party in relation to this Agreement and for any lawful purpose, including in its online or printed advertising or marketing materials and on all social media platforms, with or without reference to Client and without further notice, grant of permission or right to any financial compensation.  


 GENERAL


Relationship of Parties
Nothing in this Agreement will be understood to create an employment, joint venture or partnership relationship between BFCA and Client. 

Third-Party Authorization
BFCA is permitted to hire, in their sole discretion, assistants, employees or third-party contractors to assist in delivering the Services.

Good Faith
Each Party agrees it has acted in good faith and will continue to do so during the Term of this Agreement. This extends to good faith during any dispute resolution process. 

Governing Law and Jurisdiction

This Agreement is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Peterborough, Ontario. 

 

Dispute Resolution

In the event any dispute arises between the Parties in relation to this Agreement or a breach of this Agreement and the dispute is not resolved by negotiation, the Parties agree to submit the dispute for mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available. 

 

Force Majeure

Neither Party will be responsible for delays resulting from causes beyond their reasonable control, including without limitation fire, explosion, floods, storms, pandemics, state of emergency, hazardous situations, war, strike, or riot, and either Party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially affects the performance of Services. The Party relying on Force Majeure will give the other Party reasonable notice of their desire to terminate or suspend the Services. Notwithstanding, all payments owing for Services rendered will remain due and payable with such amount to be determined by BFCA.

 

Notice

Any notice to be given under this Agreement must be directed to the other Party using the contact information first set out above or as may otherwise be directed (“Notice”). For the purposes of this Agreement, e-mail will be considered sufficient for delivery of Notice. Notice will be deemed to be delivered on the date and time when the Notice is sent.

 

No Assignment

This Agreement may not be assigned by Client to any other party. 

 

Severability

If any of the provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.


Waiver of Breach

The waiver by one Party of any breach of this Agreement by the other Party will not be taken to be a waiver of any future breaches by the breaching Party. The non-breaching Party reserves the right to exercise or enforce their rights at a later date. 

 

Amendments

The Parties may only amend this Agreement by mutual written agreement.


Survival

Any term of this Agreement which addresses performance or observance following the early termination or expiration of this Agreement will survive and will continue to be in full force and effect. All things considered confidential during the Term will survive and always remain confidential.


Full Agreement

This Agreement constitutes the full agreement between the Parties and supersedes any prior negotiation, understanding or Agreement between the Parties, whether oral or written, on the matters contained in this Agreement.


Customer Service Requests

If you have questions or comments or need to provide notice of any kind to BFCA please email us at admin@buildersforclimateaction.org


Electronic Confirmation of Acceptance

By electronically confirming acknowledgment and acceptance of this Agreement, Client confirms they accept the terms and conditions set out above and that this will constitute a signed and legally binding Agreement.