Terms and Conditions

Terms of Service

Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://davejonesconsultants.com website (the “Website”) or engaging Dave Jones Consultants for any onsite work agreed to in writing (“Onsite Work”). This Website and any Onsite Work are operated and delivered by Dave Jones Consultants c/o Discover Training Inc., a Private Limited Company formed in Canada (“us,” “we,” “our”). Our company HST registration number is 89691 9685 RT0001. Our address is 2393 Monroe Avenue, Ottawa, Ontario, K2C 1L3, Canada. Our phone number is (613) 820-4812.

Your access to and use of this Website and/or participation in any Onsite Work is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and clients who access or use the Website and/or participate in Onsite Work.

By accessing or using the Website, or by agreeing in writing to Onsite Work with Dave Jones Consultants, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website or agree, in writing, to Onsite Work delivered in-person or virtually.

Scope of Services

We offer professional services and digital products through the Website, and also provide Onsite Work delivered in-person or virtually as agreed upon in writing with the client. All such services, including Onsite Work, are subject to the conditions outlined in these Terms.

All references to “services” in these Terms include both services delivered via the Website and Onsite Work conducted at client premises, agreed locations or virtually.

Offers and Pricing

We offer services and digital products on our Website. Prices for Website services and digital products are listed online and are exclusive of HST. HST is added at checkout or invoice time.

Pricing for Onsite Work is determined separately and communicated in writing. Once agreed upon, pricing for Onsite Work is binding and subject to these Terms.

Purchases and Payment

Website purchases are processed by third-party payment processor Stripe. We are not responsible for the handling of billing information by third-party processors. We accept MasterCard and Visa via Stripe. You may also contact us at in**@******************ts.com to arrange for Direct Bank Deposit or cheque payment.

For Onsite Work, payment methods and terms will be outlined in the written agreement between you and Dave Jones Consultants. Payment must be made according to the agreed schedule for services to proceed.

Cancellation and Refund Policy

Website Services and Digital Products

You may cancel an order before payment is completed by not finishing the checkout process. You will not incur any cancellation fee and will receive a full refund if payment has been made.

We reserve the right to cancel your purchase. If we cancel a scheduled course and do not reschedule, you will receive a full refund upon providing proof of payment.

Onsite Work

Cancellations of Onsite Work must be communicated in writing. The following cancellation policy applies:

• If cancellation is made by the client within the time period specified in the written agreement, a full or partial refund may be issued, depending on the timing and circumstances.
• However, the client will be responsible for payment of any customization charges.
• In addition, the client will be invoiced for any unrecoverable costs related to travel, accommodation, venue booking, materials preparation, and shipping incurred prior to cancellation.
• If Dave Jones Consultants cancels the agreed Onsite Work, we will refund all fees received from the client for the canceled portion of the services.

Advance Payments

Seats for courses or access to digital tools are secured only upon full payment. For Onsite Work, any required deposit or advance payment will be detailed in the written agreement and must be paid in full by the due date to reserve service dates.

Warranty on Purchases

For Website Services and Onsite Work:

• Services will be performed with reasonable care and skill.

For Digital Products:

• We warrant the right to supply the digital products;
• Digital products are free from undisclosed security defects.

All services and products are otherwise provided “as is,” except as required under applicable law.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through your account on the Website.

Prohibited uses

 You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Dave Jones Consultants or Discover Training Inc. or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional

material, including but not limited to spam, junk mail, chain mail or

any similar material;

1. Engaging in any conduct that restricts or inhibits any person’s use

or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;

1. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
2. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
3. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
4. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
5. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
6. Attempting to attack or attacking the Website via a denial-of- service attack or a distributed denial-of-service attack;
7. Otherwise attempting to interfere with the proper working of the Website;
8. Using the Website in any way that violates any applicable province, territory, state or country laws, rules or regulations.

 TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE SERVICES AND DIGITAL PRODUCTS SOLD ON IT ARE PROVIDED “AS IS,” WITH NO EXPRESS WARRANTY. NOTE THAT YOU MAY

 HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.

Availability, errors and inaccuracies

To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC. IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC.WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC. IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE  PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC. THE AGGREGATE LIABILITY OF DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC. ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY DAVE JONES CONSULTANTS OR  DISCOVER TRAINING INC. FROM YOU. NOTE THAT YOU MAY HAVE ADDITIONAL STATUTORY RIGHTS PROVIDED TO YOU UNDER CONSUMER PROTECTION LAWS. THESE RIGHTS ARE NOT AFFECTED BY THESE TERMS.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2023 DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC. or third parties. All rights reserved.

 Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC. and are either registered trademarks, trademarks or otherwise protected intellectual property of DAVE JONES CONSULTANTS OR DISCOVER TRAINING INC. or third parties in Canada and/or other countries.

 If you are aware of a potential infringement of our intellectual property, please contact us at in**@******************ts.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the

disputed use is not authorized by the owner of the work, its agent or the law.

 Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Dave Jones Consultants c/o Discover Training Inc. Monica Peck

in**@******************ts.com

Governing law, severability, dispute resolution and venue

 These Terms shall be governed and construed in accordance with the laws of Canda, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Canada.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these

Terms of Service via by posting the updated terms of service to this website.

Questions

If you have any questions about our Terms of Service, please contact us at in**@******************ts.com .