PLEASE READ THESE TERMS OF SERVICE CAREFULLY
These Terms of Service contain important information about your rights and obligations as a Client of BEworks Inc. (“BEworks Academy”) and its Providers. They also contain limitations on the liability of BEworks Academy and BEworks Academy’s Providers who render the Services.
1. Our Mandate
Our mandate is to provide instruction that creates knowledge of the theory behind Behavioral Economics and our core specialty, which is how to apply Behavioral Economics to real-world challenges. Behavioral Economics provides a new lens on decision-making and the factors that drive behavior. These insights are transformational for strategy, marketing, and operations challenges.
2. Providers
We carry out our mandate through Providers who are knowledgeable in Behavioral Economics and its application to business. Depending on the nature of the program that you have selected, our Providers may deliver to you introductory workshops, deep learning, custom instruction that is specific to your business – or even a certification course, if that is what you select. Our Providers are experienced professionals who are experts in Behavioral Economics and its application to business. The programs and sessions they present and lead are referred to as the “Services” in these Terms of Service.
3. Terms of Service
These Terms of Service govern your relationship with BEworks Academy and its Providers. By accessing or using the Services you agree to be bound by these Terms of Service and accept all legal consequences. If you do not agree with these Terms of Service, you may not obtain or use the Services. Access to, and use of, the Services, is dependent on your acceptance of these Terms.
4. Collection of Personal Information
(a) Please see BEworks Academy’s Privacy Policy for a complete description of the kinds of personal information that BEworks Academy and its Providers collect and how that information may be used.
(b) In brief, personal information is protected by privacy laws in force in Canada. You hereby consent to BEworks Academy’s collection of your personal information as outlined in our Privacy Policy, which may include information about your business or employer that is personal in nature. You have the right at any time to withhold or revoke your consent. However, if you withhold or revoke your consent, we may not be able to provide the Services, or the Services may not be as useful to you as we intend.
(c) BEworks Academy will retain your personal information for at least 3, but not more than 5, years. During that time, you may request a copy of it, for which we will levy a reasonable charge. Please allow up to 30 days for a response . After we have expunged your personal information, we will not be able to provide you with a copy.
5. Expectations and Demonstration of Mutual Respect
We expect you and other participants in each Session not to disrupt the Session for any reason. The Provider may cancel the Session if it is suspected that you are, or anyone else in attendance is, causing serious disruption of the Session or its effectiveness. The Provider has the discretion to cancel the Session or to require you or any other participant to leave the Session if your behavior, or the behavior of anyone else in the Session, is inappropriate – which includes bullying, racist or misogynistic or sexist language. No refund will be available to you or any participant for a Session cancelled for such reason.
6. Services
(a) BEworks Academy provides two types of Services:
(i) “Instructor-led Sessions” refers to courses that are delivered by a live instructor either in-person and online via online video (videoconferencing). Instructor-led sessions are semi-interactive, in the sense that communication will sometimes be two-way, at the option of the Providers, and sometimes it will not be possible to communicate during the Sessions. Questions and dialogue in Instructor-led Sessions are encouraged, but the timing of those interactions will be determined by the Provider.
(ii) “Self-Paced Sessions” refers to courses that are developed by BEworks and are delivered online in a self-paced format through a third party Provider (no live instructor will be present). Self-paced sessions may contain opportunities (through discussion boards or email) to interact with a live instructor but the timing of those interactions will be determined by the Provider. Responses to questions in this format will be provided as promptly as is reasonable, but will not be immediate.
(b) The Services are available only to persons who have signed up for them with BEworks Academy, and who have paid for them. The auditing or participation of any third party who is not signed up with BEworks Academy is not authorized, and Providers may terminate the participation of any unauthorized person.
(c) Because the online Sessions are delivered electronically, you agree as follows for online Sessions:
(i) to notify the Provider of any changes in the email addresses, mobile phone numbers or other account information for the persons for whom you are responsible, including yourself; and
(ii) to take precautions to preserve the confidentiality of electronic communications (e.g., when “screen-sharing” ensure that no personal, confidential or embarrassing information is shares with other participants in the Session).
7. Security of Online Sessions
(a) There are safeguards built into the BEworks Academy website and the operating system upon which it relies. BEworks Academy uses Transport Layer Security (TLS) for telecommunications during each online Session. All communication and registration information is encrypted using SSL/TLS technology. You represent and warrants that any information you supply to BEworks Academy is true, correct and complete.
(b) WHILE WE USE REASONABLE AND MODERN MEANS TO PROTECT COMMUNICATIONS AND DATA, NO DIGITAL COMMUNICATIONS DURING ONLINE SESSIONS CAN BE SAID TO BE TOTALLY SAFE AND SECURE. You accept the risks of communications with the BEworks Academy Providers using digital means. Those risks include, without limitation, the following:
(i) Use of electronic communications to discuss sensitive information can increase the risk of such information being disclosed to unauthorized third parties.
(ii) Despite reasonable efforts to protect the privacy and security of electronic communication, it is not possible to completely secure the information.
(iii) Internet service providers may inspect and keep electronic communications that pass through their system.
(iv) Electronic communications can introduce malware into a computer system, and potentially damage or disrupt the computer, networks and security settings.
(v) Electronic communications can be forwarded, intercepted, circulated, stored or even changed without the knowledge or permission of BEworks Academy or you.
(vi) Even after deletion of copies of electronic communications, back-up copies may exist on a computer system somewhere.
(vii) Electronic communications may be disclosed in accordance with a duty to report or a court order.
(viii) If email or text is used as an e-communication tool, the following are additional risks:
(1) Email, text messages, and instant messages can more easily be misdirected, resulting in increased risk of being received by unintended and unknown recipients;
(2) Email, text messages, and instant messages can be easier to falsify than handwritten or signed, hard copies; and
(3) It is not feasible to verify the true identity of the sender, or to ensure that only the recipient can read the message once it has been sent.
(ix) While BEworks Academy has a policy of timely response to electronic communications, no BEworks Academy Provider can guarantee that all electronic communications will be reviewed and responded to within any specific period of time.
(x) If your electronic communication with a Provider requires or invites a response from the Provider and your have not received a response within a reasonable time period, it is your responsibility to follow up with BEworks Academy to determine whether the Provider received the electronic communication and when the Provider will respond.
(xi) You are responsible for following up on a Provider’s electronic communication and for scheduling and confirming Sessions.
(xii) The Provider may forward electronic communications to staff and those involved in the delivery and administration of Sessions. The Provider might use one or more electronic services to communicate with those persons for your benefit.
(xiii) Client’s software, network, computer, digital device or internet service provider may experience problems that make communication difficult, inaccurate or impossible.
8. Onboarding
Prior to BEworks Academy’s arranging for the provision of the Services, you and each other participant in the Sessions will complete online onboarding. The online onboarding information will be made available to the assigned Provider before the first Session. By completing the online onboarding (even where the Session is in-person), you and each onboarded person are agreeing to comply with, and be bound by, these Terms of Service.
9. Instructor-led Session Process
(a) After payment for the scheduled Sessions has been received by BEworks Academy, you and each participant in the Sessions will complete the online onboarding, as described above.
(b) You and the other onboarded participants in your Sessions will receive a confirmation email with the date and time and instructions.
10. Self-Paced Session Process
(a) After payment for the scheduled Sessions has been received by BEworks Academy, you and each participant in the Sessions will complete the online onboarding, as described above.
(b) You will receive a confirmation email with the login details and instructions to access the course. You will have access to the course materials for 6 months from the time that onboarding is complete.
11. Contact Information
You must ensure at all times that BEworks Academy has current contact information for yourself and every other person for whom you are responsible participating in the Sessions.
12. Persons Under 18 Years of Age May Not Use BEworks Services. If you are under 18 years of age you may not use BEworks Services. By using this site and BEworks Services you represent and warrant that you are 18 years of age or over. No BEworks Services are directed at persons under the age of 18. If BEworks learns that you are under 18 and your personal information has been collected, then we will delete your Account (defined below) and all personal information associated with it.
13. Rescheduling Policy (Cancellation Policy)
For Instructor – led sessions, cancellation can be done at any time up to two (2) weeks prior to the first Session start time. After that time the amount of the charge for the Services will be due and payable and the Services cannot be rescheduled.
For Self-paced sessions, BEworks will offer you a complete refund until 14 days after payment, or until you have opened your course, whichever is earlier.
14. Termination of Services
(a) Termination of the Services will occur following completion of the scheduled and paid-for Sessions.
(b) Termination or suspension of access to the Services may be immediate, without prior notice or liability, for any reason whatsoever, including, without limitation, if you or anyone for whom you are responsible breaches these Terms of Service.
(c) The provisions of the Terms of Service that are, by their nature, intended to survive termination of Service shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
(d) Upon termination, your right to access the Services will immediately cease.
15. Payment for Services
(a) Session fees are set in accordance with BEworks Academy policies in effect from time to time. If we have quoted you a fee, then that is the fee, and we will not change that fee unless the scope of the Services is agreed between us to be changed.
(b) BEworks Academy reserves the right to refuse or cancel any order for Sessions or a Session at any time for any reason including unavailability of the Provider, errors in the description or price of the Services, error in a request for Services, fraud or a suspected unauthorized or illegal transaction.
(c) BEworks Academy will not be held responsible, or liable for, any such cancellation or for any resulting loss or damages to you or anyone else in a scheduled Session.
16. Copyright and other IP Rights
BEworks Academy owns or is licensee of all copyrights and other intellectual property rights in the content, organization, methods of data gathering, compilation, digital conversion and other elements of the applications, websites and other telecommunications platforms contained in or used to deliver Sessions. Neither you nor any other participant in a Session acquires ownership rights or other rights of use or licences to any content or document or streaming information obtained in the course of a Session. You are not entitled to duplicate, copy in whole or in part, or make derivative works from, any such content or document or streaming information. Your right to access and use any BEworks Academy platform or attend any Session is not transferable and the right to receive Services is not transferable. Any passwords or credentials given to obtain access to Services are not transferable.
For Instructor-led courses you will only have access to the course during the specified times during which the course is being delivered. For Self-paced courses, you will have access to the course from the time you complete onboarding to 6 months from that time.
17. Force Majeure
(a) Neither you nor BEworks Academy shall be liable for any delay or failure to comply with any of the terms of these Terms of Service or any other agreement between us to the extent such delay or failure to comply has been caused by an act of God, pandemic, force of nature, fire or other casualty, war-like activity, terrorism, insurrection or civil commotion, expropriations, quarantines, embargoes or other unusual governmental acts or orders, utility failure, shortage of resources, or other similar acts or events beyond the other’s reasonable control (a “Force Majeure Event”).
(b) If a Force Majeure Event occurs, the non-performing party shall notify the other party, in writing, immediately and describe in reasonable detail the circumstances causing the Force Majeure Event, its potential duration, and the effect of the Force Majeure Event on its ability to perform its obligations under these Terms of Service or other agreement between us. The non-performing party must use commercially reasonable efforts to:
(i) remove the cause of the inability to perform its obligations;
(ii) mitigate the effect of the Force Majeure Event on the performance of its obligations; and
(iii) recommence performance whenever and to the extent possible with minimal delay.
(c) If the Force Majeure Event continues for more than fifteen (15) days and the non-performing party is unable to perform is obligations in accordance with this Agreement, then the other party shall have the right to terminate Services as applicable by giving notice of termination. In such case, the fees for Sessions will be refunded.
18. Limitation of Liability
You acknowledge that BEworks Academy provides a platform for the delivery of Sessions by Providers. BEworks Academy also acts as an administrator for the booking of Sessions and for billing of fees in respect of Services rendered for it by the Providers. The maximum liability of BEworks Academy to you will be the return of the fees paid for the Sessions in respect of which the liability is claimed.
18. Disclaimer
(a) NO WARRANTY IS PROVIDED REGARDING FREEDOM FROM SOFTWARE VIRUSES OR INTELLECTUAL PROPERTY INFRINGEMENT.
(b) ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
(c) THE SERVICES MAY CONTAIN BUGS, ERRORS, SOFTWARE VIRUSES, PROBLEMS OR OTHER LIMITATIONS. NEITHER BEWORKS ACADEMY NOR ANY PROVIDER HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, FORMS OR DOCUMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NEITHER BEWORKS ACADEMY NOR ANY PROVIDER IS LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(d) THE DISCLAIMER OF DAMAGES SET FORTH IN THIS SECTION 17 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEWORKS ACADEMY , ON ONE HAND, AND YOU AND THE OTHER SESSION PARTICIPANTS FOR WHOM YOU ARE RESPONSIBLE, ON THE OTHER HAND. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
19. Governing Law and Venue
The Services are managed by BEworks, which is located in Toronto, Ontario, Canada. This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of Ontario, which will have exclusive jurisdiction over any matter arising out of this Agreement.
20. Changes to Terms of Service
BEworks Academy reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time by posting a notice of change on its website. You and the Session participants for whom you are responsible agree to be bound by the revised Terms of Service. If you do not agree to the new Terms of Service, in whole or in part, then your contract for the Services shall be terminated upon BEworks Academy’s receipt of your notice of disagreement, and thereafter no further Services shall be provided.
21. Acknowledgment and Agreement
You acknowledge having read and fully understood these Terms of Service and acknowledge that they are binding upon you and the other Session participants for whom you are responsible.
22. Third party Websites and Services
BEworks Academy Services may include links to third party websites, services and applications and you are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites, applications or third party services. You assume all risk and we disclaim all liability arising from your access, use and reference to them use of them.
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