Training Terms and Conditions

TRAINING – TERMS AND CONDITIONS

1. This agreement is by and between the Opening Minds (“OM”) and you (namely the person registering for this course, “Client” or “you”). Agreement is any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. Capitalized terms not defined in these Terms and Conditions will have the meanings set forth in the application form.
   
2. For the purposes of this Agreement: “Agreement” means your registration together with these Terms and Conditions; “Fees” shall mean the fees stated in the registration form; and “registration form” means the online form filled out by you in respect of the Program.
   
   
3. The OM will host the training session identified in the Registration Form. The OM will deliver the course to you (a “Program Participant”) at the time and location that you select on our website.
   
   
4. As the integrity of the Program is critical to its success, you must ensure that you do not reproduce any of the materials that we may provide you in connection with the Program (the “Materials”) or make any modifications or amendments whatsoever thereto, without our prior written consent.
   
   
5. Upon successfully completing the Program you will receive a certificate of completion from us. In order to make the certificate available to you, we will use your name and email address as provided on the registration Form. For questions about the way we collect, use and disclose personal information, please see our privacy policy at www.openingminds.org/English/terms-and-conditions.
   
   
6. YOU ACKNOWLEDGE AND AGREE THAT THE PROGRAM AND THE MATERIALS ARE BEING PROVIDED TO YOU ON AN “AS IS”, “WHERE IS” BASIS AND WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE OM DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM (INCLUDING THE MATERIALS) WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY INDIVIDUAL (INCLUDING PROGRAM PARTICIPANT). INDEED, THE RESULTS AND OUTCOMES OF EACH PROGRAM PARTICIPANT MAY VARY. THE PROGRAM IS NEITHER A SUICIDE-INTERVENTION PROGRAM NOR A SUBSTITUTE FOR MEDICAL ADVICE.
   
   
7. IN NO EVENT SHALL THE OM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING ANY DAMAGES FOR LOSS OF PROFITS, OR LOSS OF BUSINESS OPPORTUNITY). IN EVERY EVENT, THE OM’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO THE OM HEREUNDER.
   
   
8. YOU AGREE TO INDEMNIFY THE OM AND ITS LICENSORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY LOSS, LIABILITY, DAMAGE, AWARD, SETTLEMENT, JUDGMENT, FEE, COST AND EXPENSE (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS AGREEMENT; AND (II) ANY CLAIMS ARISING FROM PROGRAM PARTICIPANTS. (FOR THE AVOIDANCE OF DOUBT, THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY OBLIGATION TO INDEMNIFY THE OM FOR ANY THIRD PARTY CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT RELATING TO YOUR AUTHORIZED USE OF THE MATERIALS ARE HEREBY EXCLUDED.)
   
   
9. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, undertakings, negotiations, and discussions, whether oral or written, of the parties in respect thereto. No supplement, modification or waiver of this Agreement shall be binding unless executed in writing and consented to by the parties. Headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to be full or accurate descriptions of the contents of the paragraphs. In this Agreement, words importing the singular number include the plural and vice versa; words importing the masculine gender include the feminine and neuter gender. This Agreement has been negotiated by us and shall be fairly interpreted in accordance with its terms and without reference to any rules of construction relating to which party drafted the agreement.
   
   
10. No failure by either party to strictly enforce the terms of this Agreement will be construed as a waiver of the future performance of that term or condition.
    
    
11. Sections 6 – 9, 11 and 15 shall survive any termination or expiry of this Agreement.
    
    
12. You acknowledge and agree that any amounts paid by you hereunder are non-refundable if cancellation occurs less than 30 days prior to the event. Otherwise, a full refund, less a 25% administration fee, will be provided for cancellations received in writing. Registration is non-transferable. The fees payable hereunder are in Canadian funds.
    
    
13. We will each bear our own costs with respect to the negotiation of this Agreement, and the performance of our respective obligations hereunder.
    
    
14. Any news releases, public announcements, advertisements or publicity released by you concerning this Agreement or the Program will be subject to prior approval of the OM.
    
    
15. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. Each party hereto irrevocably attorns to the non-exclusive jurisdiction of the courts of the Province of Ontario over all dispute arising in connection with the subject matter of, existence or creation of this Agreement.
    
    
16. No partnership or joint venture is intended to be created by this Agreement, nor any principal-agent or employer-employee relationship.
    
    
17. The invalidity or unenforceability of any provision of this Agreement or any covenant in it shall not affect the validity or enforceability of any other provision or covenant in it and the invalid provision or covenant shall be deemed to be severable.
    
    
18. Each of the parties acknowledges that they: (i) have been advised by the other party to seek independent legal advice; (ii) have sought such independent legal advice or deliberately decided not to do so; (iii) understand their rights and obligations under this Agreement; and (iv) are executing this Agreement voluntarily.