TERMS AND CONDITIONS OF SALE AND USE
INTRODUCTION
We thank you for being part of our visitors. You will find below our Terms and Conditions of Sale and Use.
This course site is utilized by Ploom Evolution. On this site, the terms “we,” “us,” and “our” refer to Ploom Evolution (legal name: 9308-3369 Quebec Inc.). Ploom Evolution, using the Thinkific platform, offers this course site, including all information, tools, and services available to you, the user, subject to your acceptance of all terms, conditions, policies, and notices set forth right here.
By visiting this site and/or purchasing one of our products, you agree to our “Service” and agree to be bound by the following terms and conditions (“General Conditions of Sale,” “General Conditions of Sale and Use,” “Terms”), including the additional terms, conditions, and policies referred to herein and/or accessible by hyperlink. These Terms and Conditions of Sale and Use apply to all site users, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use the services offered there. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools that will be added later to this store will also be subject to these Terms and Conditions of Sale and Use. You can consult the most recent version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of the website or your access to it after the posting of any changes constitutes your acceptance of those changes.
Our website is hosted by WHC company. Your data is stored in the data storage system and databases of the website https://ploomevolution.com. Your data is stored on a secure server protected by a firewall.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE SHOP
By accepting these Terms of Sale and Use, you represent that you have reached the age of majority in your country, state, or province of residence.
The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in connection with the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright)
You must not transmit worms, viruses, or any other code of a destructive nature.
Any breach or violation of these Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – TERMS AND CONDITIONS
We reserve the right to deny service to anyone at anytime for any reason.
You understand that your content (excluding your credit card information) may be transferred, not encrypted, and this implies (a) transmissions over various networks; and (b) changes to comply with and adapt to the technical requirements for connecting networks or devices. The credit card information is always encrypted during transmission on the networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without prior express written permission from us.
The titles used in this Agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND CURRENT INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions, without first consulting more accurate, complete, and up-to-date sources of information. If you decide to rely on the content on this site, you do so at your own risk.
This site may contain some prior information. This past information, by its nature, is not up-to-date and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – AMENDMENTS TO SERVICE AND PRICES
The prices of our products may change without notice.
We reserve the right at any time to modify or discontinue the Service (as well as any part or content of the Service) without notice and at any time.
We will not be responsible to you or any other third party for any price change, suspension, or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES
Certain products or services may be exclusively available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged under our Cancellation and Refund policy.
We have done our best to display as clearly as possible the colors and images of the products that appear in our shop. We can not guarantee that the display of colors on your computer screen will be accurate.
We reserve the right, but are not obliged to do so, to limit the sales of our products or services to any person, and any geographical area or jurisdiction. We could exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product presented on this site is void where prohibited by law.
We do not guarantee that the quality of all products, services, information, or any other merchandise you have obtained or purchased will meet your needs. expectations, or that any error in the Service will be corrected.
Intellectual Property
7.1. All Intellectual Property Rights in the Products, Course Materials, Online Courses, and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Ploom Evolution or its licensors, whether adapted, written for, or customized for the Client or not.
7.2. You are not authorized to:-
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Ploom Evolution on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and/or attending the Taught Course.
ARTICLE 6 – ACCURACY OF INVOICING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel the quantities purchased per person, household, or order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we modify an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order has been placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to be from merchants, resellers, or distributors.
You agree to provide order and account information that is current, complete, and accurate for all orders placed in our shop. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we may complete your transactions and contact you as necessary.
Our product prices are displayed in USD. Taxes may be applied.
For more details, please consult our Cancellation and Refund policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you access to third-party tools over which we do not exercise any control, influence, or influence.
You acknowledge and agree that we provide access to such tools “as is” and “subject to availability “, without any warranty, representation, or condition of any kind and any approval. We will have no legal liability resulting from or related to the use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and your own discretion, and you should consult the conditions under which these tools are offered by the relevant third-party supplier(s).
We may also, in the future, offer new services and/or new features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services available through our Service may include third-party material.
Links from third parties on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service, or other item accessible to or from these third-party sites.
We are not responsible for any loss or damage related to the purchase or use of any goods, services, resources, content, or any other transaction connected with such third-party websites. Please read carefully the policies and practices of third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to these same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER USER PROPOSALS
If, at our request, you submit specific content (for example, to participate in contests), or if without request from us, you send creative ideas, suggestions, proposals, plans, or other elements, whether online, by e-mail, by post, or otherwise (collectively, “comments”), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate and otherwise use and in any media any comment you send us. We are not and shall not be required to (1) maintain the confidentiality of comments; (2) pay compensation to anyone for any comment provided; and (3) respond to comments.
We could, but have no obligation to do so, monitor, modify, or delete content that we deem, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or property rights. You further agree that your comments will not contain any illegal, defamatory, offensive, or obscene content, nor that they contain any computer viruses or other malware that could in any way affect the operation of the Service. or any other associated website. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us and/or third parties as to the source of your comments. You are fully responsible for all comments you post and their accuracy. We assume no responsibility and disclaim any commitment to any comments that you post or that any other third party publishes.
ARTICLE 10 – PERSONAL INFORMATION
Submitting your personal information to our store is governed by our Privacy Policy.
ARTICLE 11 – ERRORS, INACCURACIES AND OMISSIONS
There may be occasional information on our site or in the Service that may contain typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, fees shipping, delivery times, and availability. We reserve the right to correct any error, inaccuracy, or omission, and to change or update information or cancel orders, if any information in the Service or on any other associated website is inaccurate, and at any time without notice (including after placing your order).
We are under no obligation to update, modify, or clarify the information in the Service or any other associated website, including but not limited to not limited to price information, unless required by law. No set date of update or update in the Service or any other associated website should be considered to conclude that the information in the Service or any other associated website has been modified or updated.
ARTICLE 12 – PROHIBITED USES
In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its contents: (a) for illegal purposes; (b) to induce third parties to perform or participate in unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate or discriminate against anyone on the grounds of sex, sexual orientation, religion, ethnicity, race, sexual orientation, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will be or may be used in a way that compromises the functionality or operation of the Service or any other related, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to undermine or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, pretend, or warrant that your use of our Service will be uninterrupted, fast, secure, or error-free.
We do not guarantee that the results, which may be obtained through the use of the Service, are accurate or complete.
The visitor to our sites and our social media, such as Youtube, Facebook, Instagram, or others, understands that the opinions expressed in our texts, our videos, our web products, or any other content, will never replace the professional advice of experts including psychologist, psychiatrist, financial planner, doctor, lawyer and other professionals.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of the Service, or your inability to use the Service, is your only risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without representation, warranties, and conditions of any kind, express or implied, including all implied warranties of marketing or marketability, fitness for a particular purpose, durability, title, and non-infringement.
Ploom Evolution, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers, and service providers can in no way be held liable for any injury, loss, claim, or for direct, indirect damages, accessories, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, income, savings, data, replacement costs or any similar damages, that they are contractual, tortious (even in the case of negligence), strict liability or otherwise, resulting from your use of any service or product from this Service, or from any other claim related in any way to your use of the Service or any product, including but not limited to any error or omission in any Content, or any loss or damage of any kind arising the use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been warned of the possibility that they will occur. Because some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability will be limited to the fullest extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend, and protect Ploom Evolution, our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, trainees, and employees, with respect to any claim or demand, including reasonable attorney fees, made by any third party due to or arising from your violation of these Terms of Sale and Use or the documents to which they refer, or your violation of any law or the rights of a third party.
ARTICLE 15 – SEVERABILITY
If a provision of these Terms and Conditions of Sale and Use is deemed illegal, void, or unenforceable, this provision may nevertheless be applied to the full extent permitted by law, and the non-applicable part shall be considered as being dissociated from these Terms and Conditions of Sale and Use, this dissociation shall not affect the validity and applicability of all other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date will remain in effect after the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until they are terminated by either you or not. You may terminate these Terms of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we deem, in our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you in advance, and you will remain liable for all amounts owing up to and including the termination date, and/or we may deny you access to our Services (or any part of them).
ARTICLE 17 – INTEGRALITY OF THE AGREEMENT
Any breach by us of the exercise or application of any right or provision of these Terms and Conditions of Sale and Use should not constitute a waiver of such right or provision.
These General Terms and Conditions of Sale of Use or any other policy or operating rule that we publish on this site or in connection with the Service constitute the entire agreement and agreement between you and us govern your use of the Service and replace any and all communications, proposals and all prior and contemporaneous agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
All ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the authoring party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you Services, will be governed by and construed under the laws in force in Canada.
ARTICLE 19 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can view the latest version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms. Terms of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to see if any changes have been made. Your continued use of or access to our site following the publication of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions concerning the General Terms and Conditions of Sale and Use should be sent to us by email at [email protected] or mail to: 247, 32ème Avenue, Sainte-Marthe-sur-le-lac, Qc, Canada, J0N 1P0.
SHIPPING AND RETURN POLICY
All our products and services are digital or web-based. There are no physical products. There is no shipping of any kind, and the digital cannot be returned. See the refund policy below for our product.
CANCELLATION AND REFUND POLICY
Online courses
After purchasing an online course product, you have 14 days, starting on the day of the purchase, to cancel your course and be refunded.
Under one, or more, of these conditions, you cannot cancel your order, and the product will not be refunded:
If the percentage of lessons seen is higher or equal to 30%, you have no right to cancel your order and be refunded.
If the date is passed 14 days after the date of purchase, you have no right to cancel your order and be refunded.
The cancellation and refund of any products will be at the entire discretion of Ploom Evolution.
If your application is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment within a certain number of days. Your access to the product will be canceled as well.
Other digital products
There is no refund for any digital products other than Online courses, under the conditions indicated before. After purchasing any other digital products, you cannot cancel or be refunded.
Late or missing refunds (if applicable)
If you have not yet received your refund, please first recheck your bank account.
Then contact the credit card issuer, as there may be a delay before your refund is officially posted.
Then contact your bank. There is often a delay in processing before a refund is posted.
If, after completing all these steps, you still have not received your refund, please contact us at [email protected].
Items on sale (if any)
Only regular-priced items can be refunded. Unfortunately, the sale items are not refundable.