Terms and Conditions - J'Ouellette® Method

terms and conditions

Please read these Terms and Conditions carefully before purchasing, accessing, or using any of our Programs, Products, or Services. By engaging in any business interactions with us, including signing official receipts or using our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions for the full length of our business relationship. These Terms are subject to change at any time without prior notice, and your continued use of our Programs, Products, Services, or website after any such changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates or modifications.

TABLE OF CONTENTS
 1. Terms of Use
 2. Use and Consent
 3. Intellectual Property Rights
 4. Limitations on Linking and Framing
 5. Your License to Us
 6. Media Release
 7. Request for Permission to Use
 8. Security
 9. Personal Responsibility and Assumption of Risk
10. Disclaimer
11. Errors and Omissions
12. Links to Other Websites
13. Indemnification, Limitation of Liability and Release of Claims
14. Your Conduct
15. Communication Guidelines
16. Purchases and Online Commerce
17. Consistency, Scheduling and Expiration Policy
18. Refund Policy
19. Termination
20. Forfeiture of Promotional Offers and Default Pricing
21. Dispute Resolution
22. Confidentiality and Privacy
23. Our Services
24. Local and International Users and Residents
25. Miscellaneous
26. Contact

1. Terms of Use

Our Programs, Products, and Services are owned and operated by Llyane B Stanfield, J’Ouellette(R) Method, Parisian French Language Coach (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.

These Terms of Use for Programs, Products, and Services (“Terms of Use”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.

By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services.

2. Use and Consent

By purchasing or using any of our Programs, Products, or Services, you agree to abide by these Terms of Use, as well as our Disclaimer, Privacy Policy, and Booking and Cancellation policies, along with any other applicable terms. Accessing, purchasing, or using our Programs, Products, Services, or Program Materials in any manner constitutes acceptance of these terms and your agreement to be bound by them.

All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. For minors, the registration must be done by their parents or legal guardians who are at least 18 years of age. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that your registration was made by a legal guardian who is at least 18 years old.

3. Intellectual Property Rights

Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.

3.1 You are permitted to use our Programs, Products, Services and Program Materials as follows:

You are permitted to download and/or print free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Program, Product or Service for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained. You may also download and/or print Program Materials for your own personal use.

However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use. 

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others. You understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.

3.2 When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:

  • You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
  • You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
  • You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
  • You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.
  • You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
  • You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
  • You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
  • You may not engage in improper and/or unauthorized use of our Program Materials or any other information related to our Programs, Products or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to the Programs, Products or Services.
  • You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
  • You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
     
    4. Limitations on Linking and Framing

    You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

    5. Your License to Us

    By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

    When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

    You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.

    6. Media Release

    By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

    7. Request for Permission to Use Content

    Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to customersupport at j-ouellette.com.

    We very clearly state that you may not use our Programs, Products, Services or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Programs, Products, Services or Program Materials.



    8. Security

    When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).

    By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline.

    However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.

    We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

    9. Personal Responsibility and Assumption of Risk

    As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.

    We take every precaution to protect our Programs, Products, Services and Program Materials. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services and Program Materials. Submitting contributions or information on our through our Programs, Products, Services and Program Materials is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services and Program Materials and you agree that you are assuming such risks.

    10. Disclaimer

    Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

    10.1 Medical Disclaimer.
    Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

    10.2 Legal and Financial Disclaimer.
    Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.

    10.3 Earnings Disclaimer.
    You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

    10.4 Warranties Disclaimer.
    WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

    10.5 Technology Disclaimer.
    We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

    11. Errors and Omissions

    We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

    12. Links to Other Websites

    We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

    By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.

    13. Indemnification, Limitation of Liability and Release of Claims

    Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

    13.1. Limitation of Liability.
    We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.

    13.2. Release of Claims.
    In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

    These Terms of Use require the use of binding arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing, and/or using any of our Programs, Products, Services, and Program Materials, you are waiving certain legal rights, including the right to pursue claims through a court of law.

    All disputes arising from or related to these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any arbitration or legal action will be conducted in Ontario, and you agree to submit to the exclusive jurisdiction of the courts of Ontario for resolving any disputes.

    14. Your Conduct

    You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

    You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
  • To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
  • To cause annoyance, inconvenience or needless anxiety
  • To impersonate any third party or otherwise mislead as to the origin of your contributions
  • To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with us.
     
    15. Communication Guidelines

    If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to customersupport at j-ouellette.com and we will do our best to reply to your question or concern promptly.

    16. Purchases and Online Commerce

    16.1 Purchases
    Our prices are in US Dollars, regardless where the buyer’s domicile is.

    If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made.

    In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.

    If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

    What happens behind PayPal is completely outside of our control. We are not responsible for the credit card that you are using for your payments, nor do we have access to that information. If you need to change the credit card used for a recurrent payment, it is your responsibility to make a special request for us to give you a different PayPal recurrent payment button. The conditions agreed upon in your original agreement don’t change with the change of the credit card you are using for your payments, and it is your responsibility to make sure that you have sufficient funds in the card you are using.

    16.2 Special Offers and Pricing Adjustments:

    From time to time, special offers or discounts may be included in your official receipt at the time of purchase. However, these offers are subject to change based on adjustments to our pricing structure. Non-expiration benefits apply only to sessions purchased under their original terms and do not extend to future packages purchased at a different rate.

    For example, we may offer the flexibility to convert 1-on-1 sessions into group sessions (or vice versa) as part of a special offer. However, if there is a significant change in pricing after your original purchase, this option may no longer be available under the same terms, and alternate arrangements will need to be made to accommodate the new pricing structure.

    These special offers are designed to provide flexibility but are contingent upon current pricing policies and cannot be claimed retroactively or if the price difference is significant at the time of reactivation or purchase.

    To view our current prices, please click on this link.

    16.3 Transactions
    All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

  • You agree to finish the payment before finishing the program purchased. The number of private sessions will be spread on the period of time that you make the payment in. Should you request to have the sessions in a faster pace, full payment must be made in advance.
  • You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

  • You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
     
    Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

    16.4 Third-Party Purchases and Payment Processing
    If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

    You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

    16.5 Electronic communications, transactions and signatures
    Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

    16.6 Subscription Terms and Pricing
    You may cancel your subscription at any time without penalty. However, please note that if you choose to pause, cancel, or otherwise interrupt your subscription, the previously locked-in rate will no longer apply. Upon reactivation, your subscription will default to the current rates listed on our website at the time of renewal, which may be higher than your original subscription price. It is your responsibility to check the updated rates on our website before re-enrolling. By re-enrolling after an interruption, you acknowledge and agree to the updated rate and understand that previous promotional or discounted rates will not be reinstated.

    16.7 Payment Plans and Account Suspension
    Our programs that offer payment plans are not subscriptions; rather, the payment plan is a financing opportunity that we provide to help make the program more accessible. If a payment is skipped, your account will be temporarily suspended until the outstanding payment is made and the plan is resumed. A $50 administrative fee will apply for each payment interruption. In the event of two or more missed payments, your account will remain suspended until the full remaining balance is paid in full. Please note that access to the program materials and services will not be restored until all payments, including the $50 administrative fee, are up to date.

    17. Consistency, Scheduling and Expiration Policy

    Due to the highly personalized nature of our services and our commitment to providing a high-touch approach, we primarily offer one-on-one sessions and small, micro-group classes with a maximum of four students. As a result, our availability is limited, and we may have restricted capacity for new clients at any given time. We advise clients to book sessions well in advance to secure their preferred time slots.

    17.1 Session Cancellation Policy
    Clients may cancel scheduled sessions with a minimum of 24-hour notice. The cancellation notice must be provided in writing via email to customersupport @ j-ouellette.com. Failure to provide the required notice will result in forfeiture of the session, and no refunds or rescheduling will be provided. We are not responsible for any errors or omissions on the client’s part, including incorrect information or failure to follow the cancellation procedure. Conditions apply, and we reserve the right to enforce this policy strictly to ensure availability for all clients.

    17.2. Satisfaction Guarantee and Consistency
    Our satisfaction guarantee relies heavily on your consistent participation. Regular attendance and active involvement in sessions are essential for achieving the desired progress and language proficiency.

    17.3. Breaks, Preferred Spots and Rates
    If you decide to take a break from your sessions, please be aware that you may lose your preferred spot in the schedule. We guarantee availability at the time of registration for the duration of your registered program, provided sessions are taken regularly. For extended breaks, we may reassign your spot to other clients, and you will be placed on the waiting list upon return. When you’re ready to restart your sessions, we kindly ask for a minimum of 2 weeks’ notice. Please note that finding a spot quickly after a break may not be guaranteed due to long-term commitments with other clients, and it may take several months to secure availability for rescheduling.

    If your break is longer than one year, your sessions may be converted to store credit which can be applied to 1-on-1 or group sessions at the updated rate.

    17.4 Expiration of Sessions:

    To accommodate your busy schedules, we offer non-expiring sessions, understanding that traditional educational institutions often require rigid attendance. Our flexible approach allows you to learn at your own pace. However, this non-expiration benefit is not intended to cover extended periods of absence without communication. The “no expiry” policy is designed to provide flexible timing but does not guarantee a fixed rate indefinitely. Regular contact and engagement with us are required to maintain the benefit. Please note that after an extended period of inactivity, we cannot guarantee the original rate, as our pricing reflects current market conditions and enables us to continue delivering high-quality services.

    17.4.a. Complimentary Sessions:
    Complimentary sessions will expire if clients do not maintain regular communication to inform us of their plans. Specifically, complimentary sessions will expire if they remain unused for more than 4 weeks following the last completed session, or if the client does not demonstrate consistent engagement as outlined in our Consistency and Scheduling Policy.

    17.4.b. Paid Sessions:
    If your package includes complimentary sessions in addition to paid sessions, please note that the paid sessions will be used first, with the complimentary sessions reserved for use after all paid sessions have been completed. This ensures that all purchased sessions are utilized before any additional complimentary sessions are accessed.

    If you have multiple packages that include both paid and complimentary sessions, please note that the paid sessions from all packages will be used first, with complimentary sessions reserved for use after all paid sessions have been completed. This ensures that, in the event of a long break, the paid sessions are honored and retain their original value, unaffected by any future rate increases that may apply to unused sessions.

    Paid sessions will be considered dormant if they remain unused for one year after the last completed session, provided we do not receive communication from the client during this period. If you wish to reactivate dormant paid sessions, they will be converted into store credit at the current service rate. This store credit will be used to reflect the difference between the original purchase rate and the current rate, ensuring that the value of your sessions is preserved within our updated pricing structure and services.

    Clients may also have the option to convert 1-on-1 sessions into group sessions, if preferred, to accommodate budgetary or scheduling needs.

    While we honor the non-expiration benefit for sessions, converting to store credit allows us to account for the evolving quality of our services, ensuring you continue to receive the best experience possible.

    For clients on a monthly subscription, any sessions canceled with at least 24-hour notice will remain available for future use. However, to retain access to these unused sessions, your subscription must remain continuous. Should the subscription be interrupted, any unused sessions will be revalued, as described above. Upon resuming the subscription, it will restart at the current rate displayed on our website.

    We reserve the right to enforce these policies to maintain efficient scheduling and service provision. Conditions apply.

    17.5. Waiting List Priority
    Placement on the waiting list is determined by the following criteria:

    • Seniority: Clients who have been with the program the longest receive higher priority for rescheduling or re-enrollment.
    • Current Engagement: Clients who have been actively participating and maintaining regular communication are given priority, reflecting their commitment and ongoing interest.
    • Payment Status: Clients with fully paid sessions are prioritized over those with complimentary or bonus sessions, aligning with your commitment to fairness for paying clients.
    • Scheduled Frequency: Clients with frequent, ongoing sessions (e.g., weekly or biweekly) are given preference to maintain consistency in their progress.
    • Length of Break: Clients who have taken shorter breaks are prioritized over those who have had extended absences, as they may require less catch-up and reintegration.
    • Special Circumstances: In cases where clients have unique or pressing needs, exceptions may be made, subject to availability.

    Conditions apply.
     

    By engaging in a business relationship with us, you agree to these terms and acknowledge the importance of consistency in your language learning journey, understanding the implications of taking breaks on your preferred scheduling and waiting list status.

    18. Refund Policy

    Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by our written agreement, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.

    To ensure the method is a good fit, we offer options to try 1, 5, or 10 sessions first. We encourage you to choose a package that meets your needs, rather than opting for larger packages solely due to a lower per-session rate or included bonuses. Since we don’t offer refunds, please note that your investment with us never expires.

    18.1 Complimentary Bonuses and Free Sessions

    Complimentary sessions, free gifts, or bonuses may be offered as part of your service package to enhance your experience. These sessions are provided solely at our discretion and do not form part of any paid service package or contractual agreement. Complimentary sessions or bonuses are designed to reward consistent participation and compliance with our Terms and Conditions but are not guaranteed benefits or entitlements tied to the core services you have paid for. No refunds are provided for unused bonuses and free sessions.

    18.1.a. Conditions of Use
    The availability and continuation of complimentary sessions or bonuses are contingent upon your compliance with all applicable Terms and Conditions, including but not limited to regular attendance, adherence to scheduling policies, and consistent engagement. We reserve the right to retract or forfeit any complimentary sessions or bonuses if you fail to comply with these conditions. Specifically, sessions will expire if they remain unused for a period longer than 4 weeks following the last completed session, or if the client does not demonstrate consistent engagement as outlined in our Consistency and Scheduling Policy.

    If your package includes complimentary sessions in addition to paid sessions, please note that the paid sessions will be used first, with the complimentary sessions reserved for use after all paid sessions have been completed. This ensures that all purchased sessions are utilized before any additional complimentary sessions are accessed.

    If you have multiple packages that include both paid and complimentary sessions, please note that the paid sessions from all packages will be used first, with complimentary sessions reserved for use after all paid sessions have been completed. This ensures that, in the event of a long break, the paid sessions are honored and retain their original value, unaffected by any future rate increases that may apply to unused sessions.

    18.1.b. Forfeiture Upon Termination
    In the event of cancellation or termination of our business relationship by either party, whether voluntary or due to non-compliance with our policies, all complimentary sessions or bonuses will be forfeited immediately, regardless of any previous indication that they “never expire.” These sessions are conditional on an active business relationship and cannot be claimed or redeemed once services have been terminated.

    18.1.c. No Refunds for Forfeited Bonuses
    Complimentary sessions, free gifts, or bonuses are a discretionary benefit and are not subject to refunds or transfers. The forfeiture of these bonuses due to non-compliance or termination does not entitle the client to any financial compensation or an extension of paid services. Once forfeited, these sessions cannot be reclaimed or used under any circumstances.

    18.2 Non-Compliance Definition for French Coaching Services
    Non-compliance refers to any failure by the client to adhere to the agreed-upon terms, conditions, and policies governing our French coaching services, whether in 1:1 or group sessions. The following behaviors are considered non-compliance and may lead to the suspension or termination of services:

    18.2.a. Failure to Meet Payment Obligations:

    – Missing scheduled payments under any agreed-upon payment plan without prior notice or sufficient explanation.
    – Failing to update payment information or resolve payment issues within the designated grace period, as outlined in our Terms and Conditions.

    18.2.b. Breach of Scheduling and Attendance Policies:

    – Canceling or rescheduling individual or group sessions without providing the required 24-hour notice in writing via email to customersupport@j-ouellette.com.
    – Repeatedly missing or arriving late to scheduled sessions, disrupting the coaching process and the progress of other clients in group settings.

    18.2.c. Lack of Engagement and Participation:

    – Failing to actively engage in sessions, whether 1:1 or group, by not completing assigned exercises, ignoring feedback, or not participating in required activities.
    – Failing to adhere to the agreed-upon learning plans or requirements, which are essential for progress in the French conversation coaching process.

    18.2.d. Inappropriate Conduct and Disrespect for Professional Expertise:

    – Disregarding the linguistic and educational expertise of the coach by making unfounded claims of low-quality instruction. Such remarks undermine the trust necessary for an effective coaching relationship.
    – Engaging in offensive or disrespectful behavior toward the coach or other group participants. As a Harvard-certified coach with over 20 years of experience, I have helped more than 300 clients achieve fluency, including students who have gone on to achieve notable successes, such as gaining admission to Harvard University after scoring a perfect 800 on the SAT French exam. Any disregard for this level of expertise will not be tolerated.

    18.2.e. Conflict of Interest and Scheduling Conflicts:

    Making scheduling requests that conflict with our commitments to other clients and that are not aligned with our established policies. These conflicts prevent us from maintaining the high level of service expected for all clients.

    18.2.f. Non-Compliance with Policies and Recordkeeping:

    Failure to comply with agreed-upon policies, including discrepancies between claims of paid sessions and records showing complimentary sessions. These records, as detailed in our Terms and Conditions and outlined in official receipts or agreements, must be honored. Any disputes regarding payment or services that contradict our business’s ethical standards will be considered non-compliance.

    18.2.g. Legal Threats and Hostile Communications:

    Making unfounded legal threats or using hostile communications that undermine the trust necessary for a productive coaching relationship. Such actions compromise the professional environment required for our services and render the continuation of the business relationship unfeasible.

    18.2.h. Consequences of Non-Compliance:

    Any instance of non-compliance, as outlined above, may result in the immediate suspension or termination of your access to our French coaching services. Upon termination, all unused services, whether paid or complimentary, including free gifts, bonuses, and sessions, will be forfeited without exception, regardless of any prior indication that they “never expire.” Neither paid services nor complimentary sessions will be eligible for refunds or compensation, as all forfeited sessions and services are considered void upon non-compliance or termination of the business relationship. Complimentary sessions, although provided at no cost, do not hold monetary value and are likewise not eligible for refunds or compensation. Additionally, upon termination of the business relationship, all previously agreed-upon clauses, exceptions, bonuses, offers, or terms provided in official receipts, contracts, agreements, or any correspondence are automatically annulled and rendered void.

    18.3. In Lieu of Refund Policy

    At J’Ouellette®, we are committed to flexibility and we strive to provide the highest value in all our services. In the event that adjustments are required, we offer flexible alternatives to monetary refunds, allowing you to continue benefiting from your investment in a manner that aligns with our evolving service quality.

    18.3.a. Service Reallocation
    If for any reason you feel that our services have not fully met your expectations, we are happy to provide you with the equivalent value in products from our offerings, ensuring that you still receive the benefit of your investment. This allows us to continue supporting your language learning journey through alternative resources.

    18.3.b. Store Credit for Inactivity
    Should your purchased sessions remain unused for over one year, the monetary value of your original payment will remain intact, but the number of sessions will be recalculated based on the current service rate. This operates like a store credit, where the value of your purchase is applied towards new sessions at the updated rate. While your sessions do not expire, if you use them within the first year, nothing changes. However, if more than 12 months have passed, the monetary amount will be subject to our updated pricing, ensuring you continue to receive the best possible service aligned with current standards.

    Unlike most language schools, where unused sessions are forfeited if not attended on their schedule, our aim is to ensure you never lose your investment. By allowing your session value to be preserved, we offer flexibility, even if time has passed.

    19. Termination

    You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to customersupport at j-ouellette.com.

    We reserve the right, at our sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders at any time without prior notice, by sending an email to the address provided upon purchase. This applies if we believe that a user or client has violated these Terms and Conditions, engaged in fraudulent activity, or acted in a way that compromises the security, integrity, or reputation of our business. We are not liable for any losses, damages, or inconvenience resulting from the denial or termination of service.

    If you fail to comply with our policies, we reserve the right to immediately terminate our business relationship without prior notice. Your continued access to our Programs, Products, or Services will cease, and we will not be held liable for any resulting losses or damages. Termination for non-compliance does not entitle you to any refunds or continued service.

    19.1 Reasons to refuse service include but are not limited to:

  • Conflict of Interest: Situations where providing service could compromise our ability to remain impartial.
  • Misalignment of Values: When a client’s goals or actions conflict with our ethical standards or business values.
  • Disagreement with Established Policies: When a client consistently disagrees with or disregards the policies that are essential to the smooth operation of our services.
  • Non-Compliance with Professional Recommendations: When a client repeatedly ignores or declines expert advice critical to the success of the service, undermining the process and potential outcomes.
  • Lack of Expertise: When we do not have the necessary skills or resources to effectively meet a client’s needs.
  • Unrealistic Expectations: Requests that cannot be met without compromising ethical standards or delivering subpar results.
  • Unethical Requests: Any requests that involve dishonesty, fraud, or other unethical behavior.
  • Inappropriate Conduct: Disrespectful, abusive, or inappropriate conduct by the client towards our team.
  • Legal or Regulatory Concerns: When providing service would involve violating laws, regulations, or professional guidelines.
  • Potential Harm: If providing service could result in harm to the client, ourselves, or others.
  • Unfounded Legal Threats or actions taken against our business that undermine trust and professional collaboration.
  • Fraudulent Behavior or Misrepresentation: including, but not limited to, making false claims, providing inaccurate information, or attempting to exploit the system for personal gain.
  • Defamation: you publicly make false claims about our business or practices that are harmful in the form of libel and/or slander.
     

    Harassment and Inappropriate Conduct:
    Any form of harassment, abuse, or disrespectful behavior towards staff or other clients will result in the immediate termination of services. This includes, but is not limited to, verbal abuse, inappropriate communication, and any actions that undermine the safety or well-being of those involved in the provision of services.

    19.2 Defamation

    19.2.a Definition
    Defamation occurs when false statements are made that damage a person’s or business’s reputation. If a customer publicly makes false claims about our business or practices that are harmful, we may have grounds to sue for defamation. In Ontario, there are two types of defamation:

    – Libel: Written defamation, such as false claims made in emails, reviews, or social media posts.
    – Slander: Spoken defamation, such as false verbal statements made in public or to other clients.

    If, after receiving our Cease-and-Desist Letter, you continue to make defamatory statements that harm our business, we will pursue legal action, including filing a lawsuit.

    19.2.b Public Response to Client Reviews
    Client communications may be referenced in response to publicly posted content to provide necessary clarification or context, applicable to both positive and negative reviews. Any response will address only the specific claims in the review, without including unrelated information or sensitive details. Your privacy will be maintained. By engaging with our services, you acknowledge and agree to this term, in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA).

    19.3 Fraudulent Behavior or Misrepresentation:
    You agree not to engage in any form of fraudulent behavior, including, but not limited to, making false claims, providing inaccurate information, or attempting to exploit the system for personal gain. Any attempt to misrepresent facts or deceive the company may result in immediate termination of your access to our services, without any refund or compensation.

    If it is determined that you have made any false claims regarding our services, including, but not limited to, misrepresentation of facts to obtain a refund, unfair advantage, or service, we reserve the right to take appropriate legal action. This may include, but is not limited to, recovering any associated costs, seeking damages, and pursuing legal remedies available under Ontario law.

    19.4 Consequences of Termination or Cancellation
    In the event of cancellation or termination of our business relationship by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

    Complimentary sessions, including any free gifts, are offered as a goodwill benefit and do not form part of any paid service package. They are granted solely at our discretion and are subject to the client’s compliance with all applicable Terms and Conditions. In the event of cancellation or termination of our business relationship by either party, whether voluntary or due to non-compliance with our policies, all complimentary sessions will be forfeited immediately, regardless of any previous indication that they “never expire.” These sessions are provided conditionally and cannot be claimed or redeemed once the business relationship has ended. Free sessions and any other bonuses are a discretionary benefit, not a contractual right tied to paid services, and therefore, discontinuing them upon termination is in line with standard practice.

    Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

    All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

    19.5 Effect of Termination
    Upon termination of the business relationship, all previously agreed-upon clauses, exceptions, bonuses, offers, or terms provided in official receipts, contracts, agreements, or any correspondence are automatically annulled and rendered void. Any benefits, bonuses, or promotional offers extended during the course of the agreement will no longer be applicable or redeemable post-termination. This includes any outstanding complimentary services or special conditions that were contingent on an active business relationship.

    20. Forfeiture of Promotional Offers and Default Pricing

    By entering into a business relationship with us and signing a receipt or agreement, where you are made aware of our Terms and Conditions, you acknowledge and agree to be bound by these Terms and Conditions for the duration of our relationship. These Terms and Conditions shall govern all interactions and transactions, and are legally binding throughout the entirety of our engagement, unless otherwise stated or amended in writing with mutual consent.

    20.1. Applicability of Offers and Pricing:
    Any promotional pricing or discounts offered to clients are contingent upon the client’s explicit agreement to the terms of the offer. Offers, including discounted pricing, are documented in official receipts provided to the client.

    20.2. Failure to Sign Receipt:
    If a client fails to sign or acknowledge an official receipt containing promotional offers before the service is provided or resumed, standard pricing, as listed on our website or public documentation, will apply. Promotional offers—such as bonuses, complimentary sessions, free perks, and any non-expiration status of classes—will be forfeited, and the client will no longer qualify for discounted rates or offers.

    While our sessions generally do not expire, failure to sign the receipt means the client forfeits their right to non-expiring session benefits, and these sessions will expire six months after payment or issuance. Additionally, all complimentary sessions and perks are non-monetary benefits, which are not eligible for refunds or compensation if unused within the six-month period or upon termination of the business relationship.

    Refunds are not offered at any time for any paid or complimentary sessions unless otherwise specified under specific conditions or situations that qualify for exceptions. Conditions apply in cases of non-compliance.

    20.3. Binding Agreement by Previous Acceptance:
    By signing any previous official receipts and entering into a business relationship with us, the client has acknowledged and agreed to our Terms and Conditions. The Terms are considered accepted upon the client’s acknowledgment of previous receipts, where the terms are clearly referenced, and the opportunity to review them has been provided via a link in the receipt.

    20.4. Finality of Pricing Upon Default:
    Once the promotional offer is forfeited due to the failure to sign or acknowledge the receipt, the client is responsible for paying the full standard pricing as outlined in the Terms and Conditions and on the website. No retroactive claims to the promotional pricing will be entertained after the forfeiture of the offer.

    21. Dispute Resolution

    It is hoped that should we ever have any differences, we will first attempt to resolve the issue through good faith mediation, using a mutually agreed-upon mediator. Arbitration may only be initiated after all reasonable attempts at mediation have been fully exhausted. If mediation does not resolve the issue within a reasonable time, the matter will proceed to binding arbitration, conducted in accordance with the Ontario Arbitration Act. The arbitration will take place in the province of Ontario, and the decision of the arbitrator will be final and binding on both parties.

    Prior to seeking arbitration, you must send an email to legal @ j-ouellette.com within 90 (ninety) days from the date of purchase, outlining all reasons for dissatisfaction. Any arbitration must be initiated within one (1) year of the date of purchase, or you waive the right to seek dispute resolution.

    The only remedy that can be awarded through arbitration is a full or partial refund of the payment made to date, based on the rates published on the website for paid sessions. No refund for free sessions may be awarded. No other damages, including consequential or punitive damages, may be awarded. The costs of mediation and arbitration will be shared equally by the parties unless otherwise decided by the arbitrator.

    In the event of any dispute arising from this agreement, the client agrees that all communications regarding the dispute shall be directed exclusively through the client’s legal representative. The client shall provide written notification of their chosen legal counsel and their contact information.

    In the event of a dispute, you agree not to engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs, Products, or Services.

    These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts or arbitration in Ontario.

    By continuing to use our services after any changes to these Terms, you acknowledge and agree to those changes.

    22. Confidentiality and Privacy

    Confidential Information. To use our Programs, Products, Services or Program Materials, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Programs, Products, Services or Program Materials (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

    22.1 What We Do With Confidential Information.
    We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.

    22.2 Storage.
    All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.

    22.3 Confidentiality and Disclosure.
    All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms of Use and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

    22.4 Viewing by Others.
    Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

    22.5 How We Use Cookies.
    We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Programs, Products, Services or Program Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Programs, Products, Services or Program Materials.

    22.6 Passwords.
    To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

    23. Our Services

    The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    23.1 Privacy and Data Protection: We are committed to protecting your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA). Your data is stored securely, and access is restricted to authorized personnel. You have the right to access and correct your personal information. To make a request, please contact us at customersupport @ j-ouellette.com. We will verify your identity and respond to your request promptly. For any questions regarding your data, feel free to reach out to us at customersupport @ j-ouellette.com.

    23.2 Consumer Protection: We are committed to complying with Ontario’s Consumer Protection Act. This Act ensures that we provide clear, accurate, and truthful information about our Programs, Products, and Services, including pricing, terms, and conditions. We uphold your rights as a consumer, including the ability to cancel contracts under specific conditions outlined in the Act. If applicable, we will provide details regarding your rights to refunds, returns, or cancellations as required by the Consumer Protection Act. For more information about your rights, you can refer to Ontario’s Consumer Protection Act.

    23.3 Anti-Spam Legislation: Canadian Anti-Spam Legislation (CASL) prohibits sending commercial electronic messages (such as emails or texts) without obtaining explicit consent from the recipient.

    23.4 Taxation: E-commerce businesses must comply with GST/HST rules, and if you conduct cross-border sales, you need to be aware of import taxes and customs duties.

    23.5 Fair Marketing: The Competition Act prevents deceptive marketing practices and ensures that all claims in advertising are verifiable and accurate.

    24. Local and International Users

    24.1 Canadian Users
    All prices listed for our Programs, Products, and Services are inclusive of applicable taxes for Canadian customers. This means that the price you see already includes any required Goods and Services Tax (GST), Harmonized Sales Tax (HST), or Provincial Sales Tax (PST), based on the tax laws of your province or territory of residence. The applicable tax rate is determined by your location within Canada, and there will be no additional taxes added during checkout.

    24.2 International Users
    For international clients, no taxes will be applied, and the listed price is the final amount charged. However, please be aware that depending on your country’s tax regulations, you may be responsible for any local taxes, duties, or other charges.

    24.3 California Users and Residents
    If you are a California resident, and if any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

    25. Miscellaneous

    These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control (e.g., natural disasters, pandemics, or other unforeseen events). If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

    26. Contact

    In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
    J’Ouellette (Llyane B Stanfield)
    2967 DUNDAS ST. W. #96
    Toronto, Ontario M6P 1Z2
    Canada

    terms and conditionsIf you have any questions about any term of these Terms of Use, please contact us at customersupport at j-ouellette.com. Thank you from J’Ouellette.