TERMS & CONDITIONS
Agreement to Terms
We are Uniquely Speaking, Inc, doing business as www.mentalhealthforlife.com
A company registered in the Vancouver, British Columbia in Canada. We operate the website via www.mentalhealthforlifecom (the “Website”) through which we provide you our services, (collectively, the “Services” which include the provision and use of the Website).
You can contact us by phone at (604) 709-4446, or by email at stuart@itwitch.com or by post to
3319, Flagstaff Place, Vancouver, BC V5S 4K9 Canada
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and concerning your access to and use of the Website and the Services www.mentalhealthforlife.com . You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Use. If You Do Not Agree With All Of These Terms Of Use. Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in Uniquely Speaking, Inc sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed as each time you access the Services, you will be subject to, and will be deemed to have been made aware of and to have accepted, the then applicable Terms of Use. The Services are intended for business users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. Uniquely Speaking, Inc is not liable for your failure to disable or remove cookies if your users do not consent to their use.
Intellectual Property Rights
Unless otherwise indicated, we retain all right, title, and interest in and to the Software and the Website, including without limitation all graphics, user interfaces, databases, functionality, software, website designs, audio, video, text, photographs, graphics, logos, and trademarks or service marks reproduced through the System. These Terms of Use do not grant you any intellectual property license or rights in or to the Software and the Website or any of its components, except to the limited extent that these Terms of Use specifically sets forth your license rights to it. You recognize that the Software and the Website and their components are protected by copyright and other laws. Conditioned upon your compliance with these Terms of Use and, if applicable, your payment of the Subscription or any payment option Fees offered. That we grant you the rights to reproduce, modify, and publicly display your professional keynote speaker information at www.mentalhealthforlife.com . Consent Platform (all together “Content”) on your website page or mobile application.
User Representation
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
User Registration
You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Fees & Payments
Fees for Subscriptions (“Subscription Fees”) shall be based on the length of your Subscription (“Subscription Period”). All Subscriptions will auto-renew at the end of the then Subscription Period. We bill you for all initial and/or recurring Subscription Fees through an online billing account and you agree to provide (and keep updated) current, complete, and accurate purchase and account information including email address, payment method, and payment card expiration date, so that we can process your payments and contact you as needed. Our prices may be updated from time to time so please make sure that you check our current Subscription Fees before placing your order. All payments shall be in CDN.
Accepted Forms of Payment
We accept the following forms of payment: Visa
You agree to pay all charges or fees at the prices then in effect for your Subscription, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your Subscription is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation in accordance with the cancellation information described in this section below. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services. In such case we will notify you by email and refund you any Subscription Fees that you have paid.
Sales Tax
Sales tax will be added to the price of purchases as deemed required by us. Amounts due under these Terms of Use are payable to us without deduction and are net of any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value-added tax, whether or not withheld at the source (collectively, “Sales Tax”). Except as forbidden by applicable law, we may require that you submit applicable Sales Taxes to us. However, the preceding sentence does not apply to the extent that you are tax exempt, provided you give us a valid tax exemption certificate within thirty (30) days of the start of your Subscription. Our failure to include any applicable tax in an invoice will not waive or dismiss the parties’ rights or obligations pursuant to this Section. If applicable law requires withholding or deduction of Sales Taxes or any other tax or duty, you shall separately pay us the withheld or deducted amount, over and above fees due. For the avoidance of doubt, this Section does not govern taxes based on our net income.
How to Cancel a Purchase Plan
You can cancel your Subscription Plan at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of your current Subscription Period. Except as stated in this Section, we will not be required to refund purchase Fees under any circumstances. If you are unsatisfied with our services, please email us at stuart@itwitch.com or call us at (604) 709-4446.
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data, Forms, or other Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Services.
Use the Services to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Services.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Engage in any automated use of the Website or Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your Termly profile or account.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise beyond the license granted to you under these Terms of Use.
Decipher, decompile, disassemble, or reverse engineer any of the Software comprising or in any way making up a part of the Services.
Attempt to bypass any measures of the Website or Software designed to prevent or restrict access to the Services, or any portion of the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Software or the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Software or the Services.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Software or the Services, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, www.mentalhealthforlife.com, the Software, Website, and/or the Services.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Third-Party Websites and Content
The Services may contain (or you may be sent via the Services) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies
Including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
Privacy Notice
We care about data privacy and security. Please review our Privacy Notice to understand our use of your personal information. You acknowledge that you have reviewed and understand our Privacy Notice. Please be advised the Services are hosted in Canada. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Services, you are transferring your data to Canada, and you agree to have your data transferred to and processed in Canada.
Digital Millennium Copyright Act (DMCA) Notice And Policy Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us at stuart@itwitch.com using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon constitutes perjury.
When information is transferred internationally
We may transfer, store, and process your information in countries other than your own. We are based in Canada and our servers are located in Canada. In order to provide our Services to you, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information notably with online video broadcast platform such as Vimeo. If you are located in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. With that in mind, we use appropriate safeguards when we transfer your information outside the EEA or UK to ensure your personal information remains protected and to comply with applicable data protection laws.
The bases, mechanisms, and measures we rely on include:
Adequacy Decisions. When applicable, we may rely on EU or UK adequacy decisions to transfer your information outside the EEA or UK. When the relevant EU or UK authority issues an adequacy decision, that means they found the third country to offer adequate protection for personal information.
Derogations. We may transfer information based on a derogation listed in Article 49 of the GDPR. We will only do so if the transfer of information meets specific strict conditions.
Standard Contractual Clauses: We have implemented measures to protect your personal information, including by using Standard Contractual Clauses for transfers of personal information between us and our group companies and between us and our third-party providers. These clauses require all recipients to protect all personal information that they process originating from the EEA or UK in accordance with European data protection laws and regulations. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third-party service providers and further details can be provided upon request.
Supplementary Measures. When necessary, in addition to the Standard Contractual Clauses, we may adopt technical, contractual, and organizational supplementary measures to better ensure that the level of protection guaranteed by the GDPR is not undermined by the transfer.
We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our website is at your own risk. You should only access the Website within a secure environment.
Update of this notice
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.