Terms and Conditions - Self Guided
These Terms and Conditions are legally enforceable.
Please read all the terms carefully.
DJKonsulting Inc. provides Self Guided Coaching Programs that offer you the opportunity to invest in yourself and your personal development with our materials, our practice, and access to DJKonsulting Inc’s pre-recorded coaching sessions.
The term “Coaching Program” used in this Agreement refers to the then-current services, course contents and benefits that DJK may provide to You as part of the Self Guided Coaching Program you purchased. The Coaching Program may include online education and training from Dave Kyle and members of Team Dave Kyle; opportunities to learn from Dave Kyle through virtual events or webinars; access to online groups and communities; exclusive Coaching Program bonus materials, or other opportunities. You acknowledge, agree, and accept that DJK may at any time add, remove, amend, or replace any of the services and benefits made available to You as part of the Coaching Program you purchased, and you agree and accept that such addition, removal, amendment, or replacement will not nullify the legal effect of this Agreement.
You acknowledge, agree, and accept that in addition to this Agreement, DJK may set specific terms and conditions, standard operating policies and procedures, community participation guidelines and program graduation or completion requirements that would govern the delivery of the Coaching Program you purchased. Such terms are incorporated into this Agreement by reference, and you agree to be bound and adhered by such terms and conditions to the extent that you wish to receive the Training Program you purchased.
1. PAYMENT TERMS. You authorize DJK to process the credit card information you have provided to DJK, in the amount set forth on the Agreement for the Coaching Program on the checkout page or direct invoice(s) from the DJK payment system or accounting system.
2. REFUNDS AND CANCELLATION. By accepting this Agreement, You acknowledge that You have thoroughly and carefully considered the cost and the value of purchasing the Coaching Program prior to making this commitment to invest.
Due to the nature of our Coaching Programs and services, which includes downloadable videos, digital content and documents, tools, streaming videos, online training portal membership and subscriptions, potential virtual events, and students’ community interactions platforms, and other unless otherwise stated,
ALL TRAINING PROGRAMS FEES PAID ARE NON-REFUNDABLE.
You may request a refund NO LATER THAN 24 HOURS FROM THE DATE OF YOUR PURCHASE in writing via email to submit a Support Ticket to firstname.lastname@example.org. NO REFUND WILL BE ALLOWED AFTER 24 HOURS.
Coaching Programs sold with Money Back Guarantee may be eligible for a Refund, provided the Program registrant met certain conditions** to exercise the Guarantee. Refund requests must be submitted to email@example.com prior to the expiration date of the Money Bank Guarantee.
**Conditions for Money Back Guarantee: 1. Program registrant must consume 100% of the Coaching Program content which is verified by our content delivery portal .2. Program registrants who have consumed less than 100% of the Training Program content are considered incomplete investment and therefore not meeting the Money Back Guarantee conditions. 3. Eligible Money Back Guarantee refund requests must be received via email to firstname.lastname@example.org within 30 calendar days from the date of purchase. No Money Back Guarantee would be honoured for refund requests received after the expiration date. 4. Maximum refund will equal to the same dollar amount paid at the time of Training Program purchase.
**Money Back Guarantee must be specified on the sales or checkout page to qualify for a refund.**
In the event of default, dispute, or delinquent payment, DJK has the right to terminate Your Coaching Program access without notice and without liability to You. See Section 4 regarding Termination for more details.
NO CANCELLATION of Your registration is allowed after 24 hours from the date of Your purchase. Upon submission of Your cancellation request, You shall not receive any access to the Coaching Program contents or otherwise receive any Coaching Program services and benefits. Doing so will render Your cancellation request null and void.
You agree and acknowledge that requesting a refund or cancellation of Your Training Program may waive Your eligibility to enroll in other Coaching Programs offered by DJK in the future. ALL “Refund” and “Cancellation” requests will only be reviewed by submitting a formal cancellation request in writing via email to submit a Support Ticket tJKinfo@djkonsultinginc.com.
3. NO INCOME CLAIMS. You agree that DJK made No promise, warranty, guarantee, or any other representation with respect to Your future employment opportunity, income or gains resulting from the provision of the Coaching Program and that You have not been induced to enter the Agreement as a result of any income claims.
4. TERMINATION. DJK reserves the right to, at its sole discretion, without notice and without liability by DJK to You terminate Your Coaching Program registration, disbanding Your access to community or other students’ social media platform, and course materials with no refund, on any of the following grounds: (a) if You violate the Terms of this Agreement; (b) if You default, dispute or delinquent with Your payment when due; (c) if You cease to be a member in good standing of any other program offered by DJK; (d) material violation by You of applicable laws; provided that where such violation is of such a nature that it can be cured, such violation shall not constitute cause if it is cured within ten (10) days of You becoming aware of its occurrence; and (e) in breach of Confidentiality or code of Conduct, which in the opinion of DJK, is detrimental or embarrassing to DJK. This Agreement shall terminate upon the death of the Coaching Program Registrant. Upon the termination of this Agreement, all rights, and obligations under this Agreement (except those in Sections 5,6,7,9, 10, 11, 12, 13, 14, 15and 16, or which otherwise survive under the terms of this Agreement) shall terminate.
5. CONFIDENTIALITY. During the delivery of the Coaching Program, You may have had or shall have access to information and materials (in whatever form and howsoever communicated) that are confidential or proprietary to DJK or its subsidiaries and affiliates of the Program (together, the “Confidential Information”). Confidential Information includes the provisions of this Agreement and the information relating to DJK Coaching Program contents, course materials, product designs and specifications, data, commissions and pricing policies, sales records, business and marketing development plans, other education and Program materials, contact information of other students, customer lists, names of joint venture partners, personal information regarding directors, officers, employees, contractors, instructors, training coaches or consultants, or other work produced or developed by or for the DJK. However, “Confidential Information” excludes information and materials which You can demonstrate by the written record: (i) were known by You prior to DJK’s disclosure; (ii) properly came into your possession from a third party who was not under any obligation to DJK to maintain the confidentiality; (iii) had become generally available to the public; or (iv) was developed by You without the use of the Confidential Information. The provision of this Section 5 shall survive any termination of this Agreement and shall continue in full force and effect for two years thereafter.
6. INTELLECTUAL PROPERTY. DJK retains all rights, title, and interest in any and all intellectual property related to or associated with the Coaching Program. This includes without limitation to: (a) trademarks and copyrights; and (b) any other proprietary right arising under the laws of Canada or other countries if applicable. You understand and agree that neither the Agreement nor the provision of the Coaching Program by DJK shall constitute a transfer, assignment, or license of any intellectual property rights from or by DJK. You acknowledge the content of the Coaching Program services including without limitation the materials and information provided to You as education, is confidential and proprietary to DJK. You agree that You shall not communicate or make available the teachings, materials or information acquired or learned from DJK to any other person. Violation will result in the immediate removal from the Coaching program.
7. NON-DISPARAGEMENT. Each Party hereto covenants and agrees that, during the Term and after the termination of this Agreement for any reason whatsoever, it shall not directly or indirectly, and shall use reasonable efforts to ensure that its shareholders, directors, officers, and key employees, agents, attorneys, subsidiaries, affiliates, successors, instructors, training coaches and assigns, as applicable, do not: (a) say, publish, or otherwise transmit any statements, whether oral or written, to any other party whomsoever that may be intended to or that may have the effect of defaming the other party hereto or be of defamatory nature, or that may disparage, call into disrepute, libel, slander or cause injurious falsehood to the other party hereto and, in the case of DJK and their present, former and future shareholders, officers, directors, employees, instructors, training coaches, agents, attorney, affiliates, subsidiaries, successors and assigns; or (b) engage in any conduct or pattern of conduct that involves the making or publishing of written or oral statements or remarks, including, without limitation, the repetition or distribution of rumours, allegations, reports or comments, which are disparaging, deleterious or damaging to the integrity, reputation, business or goodwill of the other party hereto and, in the case of DJK and their present, former and future shareholders, officers, directors, employees, instructors, training coaches, agents, attorney, affiliates, subsidiaries, successors and assigns or any of the present, former and future products and services.
8. CONTACTS. By accepting the Agreement and providing Your credit card information, You agree that DJK may call, email, and text message You regarding Your account information and regarding other offers, products and services.
9. INDEMNITY. You hereby agree to protect, defend, indemnify, and hold harmless DJK, its officers, directors, employees, their invitees, shareholders representatives, agents, instructors, and training coaches (in this Section 9, each, an “Indemnified Party” and collectively, the “Indemnified Parties”) from and against any and all losses, claims, damages, liabilities, actions demands and expenses (including any and all legal fees and other expenses incurred in investigating or defending against any claim, action, lawsuit, demand, administrative proceeding or investigation, whether commenced or threatened) (collectively, the “Losses”) to which an Indemnified Party may become subject in so far as such Losses arise out of Your receipt for the Coaching Program, action taken in response thereto, or are based upon any breach of a representation, warranty, covenant or your obligation contained in this Agreement; provided that such indemnity shall not be available to an Indemnified Party in respect of Losses resulting from the Indemnified Party’s fraud, wilful misconduct or gross negligence. The provisions of this Section 9 shall survive any termination of this Agreement and shall continue in full force and effect for (3) years thereafter. In addition, Your indemnity obligation includes but is not limited to any claim for personal injury sustained while travelling to or attending any in-person seminar or other training provided by DJK to You.
10. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL DJK’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO DLE AS PER COURSE FEES GIVING RISE TO ANY CLAIM BY YOU, YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
11. FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement neither Party shall be responsible to the other for any delay, damage or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean Any act of God, the act of nature or the elements, terrorism, insurrection, revolution or civil strike, piracy, civil war or hostile action, labour strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment or necessary labour in the open market, acute and unusual labour, material or equipment shortages or any other causes (except financial) beyond the control of either Party.
12. ARBITRATION. Any claim or grievance of any kind, nature, or description that You have against DJK shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by DJK within a reasonable time of You giving notice of arbitration to DJK. The arbitration shall be held in Airdrie, Alberta, Canada. You agree not to file suit against DJK, any of its successors, assignees, transferees, subsidiaries, parent and associate corporations, affiliates, principals, administrators, officers, directors, board members, agents, employees, contractors, instructors, and training coaches. The dispute will be subject to the rules of arbitration as determined by the Arbitrator. The decision of the Arbitrator will be final and binding on the Parties and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorney’s fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. This agreement to arbitrate survives any termination or expiration of the Agreement. Nothing in these Terms and Conditions prevents DJK from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction or other reflection available to protect DJK’s interest prior to, during, or following the filing or any arbitration or other proceeding. Any claim must be brought in arbitration within one (1) year from when the claim arises.
13. WAIVER OF CLASS ACTION. You understand and agree that You will waive the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under or be in any way related to, this Agreement. Claims brought against DLE may not be joined or consolidated with claims brought by anyone else.
14. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Alberta without regard to any choice of law provisions.
15. SEVERANCE. In the event, any provision of the Agreement of these Terms and Conditions is inconsistent with or contrary to any applicable law, rule or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue to be in full force and effect.
16. NO ASSIGNMENT. Your Coaching Program is a one-to-one registration and is non-transferable and non-sharable with spouses, partners, other members of your family, same household, and any other related parties. The Agreement cannot be assigned by You to another Party.
DJK Reserves the right to amend this Agreement, including the Training Program benefits, at any time without your prior consent. Any amendment to this Agreement or the Coaching Program benefits, from time to time, shall be effective as of the earlier of the date of posting of the amendment on DJK’s website www.djkonsultinginc.com or upon the delivery of actual notice to you.
These Terms and Conditions were last modified on Tuesday, August 3, 2023.