PLEASE READ THIS DOCUMENT CAREFULLY. BY ENTERING INTO ANY COACHING SESSION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE GRAND HERON ON DEMAND or GRAND HERON PLUS COACHING SERVICES OR THE WEBSITE. YOU MAY NOT ACCEPT THIS AGREEMENT ON BEHALF OF ANOTHER PERSON OR COMPANY.
GRAND HERON ON DEMAND AND GRAND HERON PLUS are services managed and operated by Grand Heron International, a digital-based company in Montreal, Quebec, Canada (“GHI”).
LAWFUL USE OF GRAND HERON ON DEMAND AND GRAND HERON PLUS SERVICES IS CONDITIONAL UPON YOUR COMPLIANCE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
GENERAL ACKNOWLEDGEMENT
The executive, career and life coaching services offered by GRAND HERON ON DEMAND AND GRAND HERON PLUS are in accordance with the practice of coaching, and recognized by coaching organizations that govern coaching, including the International Coaching Federation (ICF), Association for Coaching, and Association of Corporate Executive Coaches (ACEC).
GRAND HERON PLUS (GH Plus) is a service exclusive to corporations who desire to offer their employees access to coaching on demand, with frequency of use recorded and shared with the corporation. GH Plus is purchased on the basis of membership. If you are part of a program, you may have access to coaching on demand based on the membership selected by your company.
The coach you will work with has earned his/her training in coaching from an Institution accredited by ICF. The coach is also certified, and he/she can also hold a credential at the ACC, PCC, or MCC Level, awarded by ICF or credentials awarded by the Association for Coaching or the Association of Corporate Executive Coaches (ACEC). The coach must adhere to the ethics and standards specified by ICF.
You acknowledge and understand that GHI subcontracts all coaches, including the coach you selected to provide the coaching service. As a subcontractor, the coach you selected has gone through a rigorous process of selection. However, you understand that he/she is responsible for his/her own actions during the coaching session, and as such carries his/her own professional liability.
By entering into any coaching session whether this is through Grand Heron On Demand or Grand Heron Plus, you (the client), hereby agree to these terms and the following:
TERMS AND CONDITIONS
USERS OF GRAND HERON PLUS
It is understood that your employer or a separate organization (“Company”) entered into a contract with GHI and has selected a certain membership package with GHI that affords a certain number of coaching sessions. If the Company has given you access to GHI’s website and services (through your email and password), you have been granted access to a certain number of coaching sessions, which are governed by the terms of a separate agreement with the Company as well as this Agreement.
The terms of this Agreement will also govern any content, materials, or services accessible from the website and/or any other access provided by GHI.
GHI grants to you a non-transferable limited license to use real-time coaching services, located on GHI’s website (“Portal”) provided you or your corporation are a current client of GHI and subject to the terms and conditions herein. Your use of the Portal is strictly limited to coaching for you and is not intended to replace a comprehensive coaching program nor transfer its usability to a family member of a friend. This will be flagged in the system and your access will be denied. Your Corporate Sponsor will be notified immediately.
GHI reserve the right, at any time, to add to, change, update, or modify the terms herein, simply by posting such change, update, or modification on the website and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the website. It is your responsibility to review the terms and conditions of this Agreement from time to time to ensure that you continue to agree with all of its terms. Your continued use of the Portal will constitute your agreement to the modifications.
Your access to the Portal will be subject to the issuance of a user name (usually your email) and a personal password. You are solely responsible for maintaining the confidentiality of your user id’s, access codes, passwords and personal identification numbers used in conjunction with the Portal. You agree to notify GHI immediately of any unauthorized use of your account, your password or any other breach of security.
You may not make the Portal available over a network where it could be used or accessed by multiple devices at the same time. You may not transfer, distribute or share your access codes to enter and/or use the Portal or CoachingOnSiteTM services. You may not copy, translate, modify, reverse-engineer, disassemble, decompile or otherwise attempt to create derivative works of the Portal, any updates, or any part thereof. You may not use the Portal or operate it as a time sharing or outsourcing environment.
You acknowledge that the Portal contains valuable trade secrets and proprietary information of GHI, that any actual or threatened breach of this Agreement will constitute immediate, irreparable harm to GHI for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.
Whether you are using coaching services through Grand Heron on Demand or Grand Heron Plus, you agree that you are prohibited from sharing any data retrieved from the Portal with any third party. Use of the Portal is strictly limited to help you work through an immediate issue.
You hereby agree that GHI may collect and use any and all data entered in or retrieved from the Portal provided that GHI complies with all applicable laws relating to the protection of personal information and all applicable Canadian provincial and international privacy requirements governing the collection, use and disclosure of personally identifiable information. GHI will process and store personally identifiable information only in accordance with applicable privacy laws.
You acknowledge that GHI may gather such data periodically to: (a) facilitate the provision of software updates, improve its services, provide coaching services, support, and other services to you, (b) be able to match potential clients with possible coaches, and/or (c) run statistics on trends of coaching type usage and coach satisfaction ratings. Any statistical data that is shared outside of GHI will not enable third parties to identify you.
Notwithstanding the above, you agree that GHI will have no responsibility or obligation to provide maintenance, updates or support services with respect to the Portal. Any such maintenance is at GHI’s sole discretion.
Data is stored on local and/or 3rd party host server databases located in Canada, USA and elsewhere.
If you are paying by credit card, the processing and settlement of your transactions are carried out by a third-party credit card processor under a separate agreement. By accepting this Agreement, you are also accepting and agreeing to be bound by the processor terms which are a legal agreement between you and the processor. GHI is not responsibility at that point for any breaches of confidentiality.
NOTE: Your name shall at all times remain confidential and not be disclosed. Discussions with coaches are confidential.
You understand that your conversation with the coach you selected to work with remains confidential as it relates to:
You understand that specific situations wherein confidentiality may be interrupted include: legal subpoena; violation of provincial and/or federal law; and illegal or unethical improprieties or circumstances that pose a physical or emotional threat to you, any individual, group or organization, at which point, your coach will inform you of the steps he/she will take. This can include contacting the local authorities in your region, district, or community. Your coach will also, at this point, take notes of your session and submit these to GHI for record-keeping in the event that local authorities request details about your time with your coach. If you are part of Grand Heron Plus, your Human Resource Professional overseeing the Grand Heron Plus Program, is advised of steps taken by your coach to inform local authorities.
Grand Heron On Demand and Grand Heron Plus will open and maintain an active file, which includes your log-in activities such as the time and date of your sessions, the option of how you wish to be coached (via phone, Skype, or other online meeting service) names of the coaches you selected, frequency of coaching use, as well as the coaching category you selected among the three options provided (leadership, career, and life coaching), as well as your level of satisfaction with your coaching session.
If you are part of Grand Heron Plus, coaching trends insofar as coaching type and usage, as well as time and date of coach access, and coach satisfaction ratings are collated on a monthly basis and shared with your Corporate Sponsor. Trends are shared without any client names.
Your credit card information is not kept on file, and it is entered by you every time you select a coaching session, unless you explicitly choose otherwise. If you are part of your company’s Grand Heron Plus, there is no requirement for you to pay for any of your sessions covered under this program.
Should you pursue coaching with the coach you select outside of the Grand Heron Plus service, you hereby acknowledge and relieve GHI from any and all responsibility and liability associated therewith, including without limitation, any and all actions your coach may take as it relates to the use or misuse of any and ALL information you provide him/her with during your coaching session. If you are part of your company’s Grand Heron Plus Program, you must first speak with your President, Manager, or Human Resource Professional about your decision to opt out of this service and pursue a coaching service with the coach you selected. As this is outside of the Grand Heron Plus service, it will not be covered by your company’s sessions with GHI and therefore you would be responsible to pay for this service yourself.
Notwithstanding the above, non-client identifiable information may be used by GHI for statistical purposes.
This Agreement is effective until terminated by you or by GHI, each of which being authorized to terminate without cause. Your rights under this Agreement will terminate automatically if: (a) you fail to comply with any of its terms; (b) the Company is no longer a GHI customer; (c) GHI decides to no longer provide or support the Portal; or (d) GHI does not receive or has a good faith reason not to expect to receive payment for services rendered.
Upon termination, your rights shall also terminate, and you agree to immediately discontinue any further use and access to the Portal and/or services. No termination shall affect any obligations to pay fees by the Company for services rendered or as part of any ongoing contract.
The Portal may enable access to GHI and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. GHI is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Portal or External Services, including but not limited to financial and location information, is for general informational purposes only and is not guaranteed by GHI or its agents.
You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of GHI or any third party. You agree not to use the Portal or the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that GHI is not responsible for any unauthorized use. You acknowledge that the Portal and/or External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use External Services, you are solely responsible for compliance with any applicable laws. GHI reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
The Portal and all worldwide copyrights, trade secrets and other intellectual property rights therein are the exclusive property of GHI.
GHI (or its licensors) owns exclusively and reserves all – and you may not exercise any – right, title, and interest in and to the Portal, including, without limitation, all intellectual property rights in and to the Portal and Portal. This Agreement is not an agreement of sale, and no title, intellectual property rights, or ownership rights are transferred to you and you hereby acknowledge and agree that the Portal and all ideas, methods, algorithms, formulae, processes, and concepts used in developing or incorporated into the Portal, together with all future updates, improvements, revisions, corrections, bug-fixes, hotfixes, patches, modifications, enhancements, releases, signature sets, upgrades, and all derivative works based upon any of the foregoing, are trade secrets and proprietary property of GHI and/or its licensors. You may not copy, print, reproduce, publish, transmit or distribute any content without GHI’s prior written consent.
All suggestions or feedback provided by you to GHI with respect to the Portal shall be GHI’s property. GHI may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. However, your identity will not be disclosed.
You hereby attest that you will not infringe any proprietary or intellectual property right of GHI and that you will not share any access codes or passwords with any third parties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PORTAL THROUGH GRAND HERON ON DEMAND AND GRAND HERON PLUS SERVICES ARE AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAND HERON ON DEMAND AND GRAND HERON PLUS SERVICES AND PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GHI HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GHI, ITS COACHES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Neither GHI nor the Coach makes any representation or warranty that the coaching will meet your requirements.
You acknowledge that GHI makes no representation or warranty regarding access, performance, speed, reliability, availability, consistency or that the operation of the website, domain, or links will be interruption free or error free. You further acknowledge that messages, data, information and materials sent over the Internet may not be completely private and the website is not immune from fraudulent or unauthorized intrusion or use (including, without limitation, computer viruses and/or other malicious code) and accordingly, GHI will not be liable for any loss, damage, cost or expense occasioned thereby.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL GHI, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF GHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF GHI, INCLUDING ITS SERVICE PROVIDERS, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER DIRECT OR INDIRECT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO GHI UNDER THIS AGREEMENT FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Nothing in this Agreement is intended to or shall be construed as excluding or modifying any statutory rights, warranties or conditions which may be applicable to this Agreement, the Software or Documentation, and which by virtue of any provincial, state or federal fair trade or other consumer legislation may not be modified or excluded.
Provisions of this Agreement such as the warranty limitations, exclusive remedies and limitations of liability are unrelated, independent allocations of risks between you and GHI. Unenforceability of any such allocations shall not affect the enforceability of other such allocations. If any part of this Agreement is held to be unenforceable, it shall not affect any other part. If any part of this Agreement is held to be unenforceable as written, it shall be enforced to the maximum extent allowed by applicable law. The fees paid by you (or the company) for access to the Portal and services provided reflects the allocations of risk contained in this Agreement.
The Portal and related technology may be subject to export control laws and may be subject to export or import regulations in other countries. You agree to comply fully with all relevant export laws and regulations of Canada, United States, and Europe and any other applicable export laws and regulations to ensure that the Portal is not used or exported directly, or indirectly, in violation of such laws. You shall not use the Portal in any country prohibited by applicable law or regulation and agree to indemnify and hold GHI harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
If the Portal has been identified as “Evaluation” or “Beta” software (“Beta Software”), then the provisions of this section apply and shall supersede any other conflicting term of this Agreement. Your royalty-free, nontransferable, limited license to use the Beta Software, for evaluation purposes only, is limited to thirty (30) days unless otherwise agreed to in writing by GHI. The Beta Software may contain errors or other problems that could cause system or other failures and data loss. Consequently, Beta Software is provided to You “AS IS” and GHI disclaims any warranty or liability obligations to you of any kind. Support is not available for Beta Software. Any information about the Beta Software gathered from its use shall be used solely for evaluation purposes and shall not be provided to any third parties. WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, GHI’S LIABILITY AND THAT OF ITS SUPPLIERS AND AUTHORIZED PARTNERS UNDER THIS AGREEMENT RELATED TO BETA SOFTWARE, OR IN CONNECTION WITH EVALUATION SOFTWARE, SHALL BE LIMITED TO THE SUM OF FIFTY ($50) DOLLARS OR THE EQUIVALENT IN LOCAL CURRENCY IN TOTAL.
The rights and duties or obligations granted or created under this Agreement may not be assigned, transferred or delegated by you without the prior written approval of GHI.
YOU AGREE THAT THIS AGREEMENT IS THE COMPLETE, FINAL AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND GHI AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT OR ANY OTHER COMMUNICATIONS RELATING TO THE USE OF THE PORTAL.
No amendment, modification or waiver of this Agreement will be valid unless set forth in a written instrument signed by both parties. This Agreement shall be governed by and construed in accordance with the laws in force in the Province of Quebec, Canada, exclusive of its conflict of laws provisions. In no event shall this Agreement be construed or enforced under the provisions of the United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, the application of which are expressly excluded. Each of the parties acknowledges and hereby submits to the exclusive jurisdiction of the Courts located in the City of Montreal, Quebec, Canada.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Agreement may be executed in counterparts.
You and GHI have expressly agreed that this contract as well as all other documents relating thereto be drawn up only in English. Les parties ont expressément convenu que ce contrat de même que tous les documents s’y rattachant soient rédigés en anglais seulement.
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