Definitions and legal references
- This Website (or this Application)
- The property that enables the provision of the Service.
- Agreement
- Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
- Owner (or We)
- Julianna Yau Yorgan – The natural person(s) or legal entity that provides this Website and/or the Service to Users.
- Service
- The service provided by this Website as described in these Terms and on this Website.
- Terms
- Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.
- User (or You)
- The natural person or legal entity that uses this Website.
This document is an agreement between You and JYY Coaching.
You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.
These Terms govern
- the conditions of allowing the use of this website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in appropriate sections of this document.
The User must read this document carefully.
If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.
This Website is provided by:
JYY Coaching
1771 Robson Street -1819
Vancouver, BC V6G 3B7
Canada
Owner contact email: hello@jyycoaching.com
Summary of what the User should know
Terms of use
Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
Content on this Website
Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.
The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.
In such cases, the User is requested to report complaints using the contact details specified in this document.
Rights regarding content on this Website – All rights reserved
The Owner reserves and holds all intellectual property rights for any such content.
Users may therefore not use any such content, in any way that is not necessary or implicit in the proper use of the Website/Service.
Access to external resources
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Membership Site Terms and Conduct
Upon joining the Coaching Services, a Self-Paced Online Coaching Program or Membership COmmunity or purchasing any other products or services, you may be given access to a members’ only area of Owner’s Content Library inside JYYCoaching.com, hosted on the TrainerCentral platform (“TrainerCentral”) by Zoho Corporation Pvt. Ltd. (“Zoho”) via secure link and login using an email and password. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to these programs or services. You also agree that you will not sell access to these programs and services and will not sell any of its content without express written permission.
Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
You understand and agree to not place an unreasonable burden on the server hosting this Website or membership site, to not interfere with the running of this Website and to not attempt unauthorized access to any portion of this Website.
You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
Refund and Return Policy
Workshops and Self-Guided Coaching Programs
Workshops and Self-Guided Coaching Programs include any programs or courses provided through the Membership site which contains on-demand-access of content including, but not limited to:
- pre-recorded videos,
- written content,
- tests, assessments and other inputs requested of You,
- workbooks and other supplementary materials.
Self-guided coaching programs include, but are not limited to, “Responding to Feedback Without Losing Yourself” and “Introvert Career Compass”.
Once full payment is completed, you retain lifetime access to the program and any future updates.
As per our policy, the Owner offers full refunds on any purchased Workshops and Self-Guided Coaching Programs. Refunds must be requested within 30 days of purchase and access to content will be revoked.
Membership Communities
Membership Communities include any access to content and services including, but not limited to:
- discussion board,
- virtual group calls (live and recorded),
- coaching sessions.
These membership communities include, but are not limited to, “The Introverted Leader Community”, “Path to Leadership”, “Leader Amongst Leaders” and “Upwardly Mobile Leader”.
As per our policy, the Owner does not offer refunds on Membership Community access sold for any reason. Once full payment is completed, you retain access to the Membership Community for the duration of your payment cycle. Access to content and members-only calls will be revoked upon cancellation or expiry of membership.
Coaching Services
Coaching Services include any:
- stand-alone coaching sessions,
- coaching packages including multiple coaching sessions, and
- coaching add-ons for Self-Paced Coaching Programs.
Current coaching services include, but are not limited to:
- stand-alone coaching sessions,
- coaching add-on via Voxer access (“Success Accelerator” provided as an add-on to any Self-Paced Coaching Program),
- coaching add-on via webform access (“Ask-A-Coach” provided as an add-on to any Guided Coaching Program), and
- coaching add-on of 1:1 coaching (single sessions or “Coaching Addon” provided as an add-on to any Self-Paced Coaching Program or Guided Coaching Program).
As per our policy, the Owner does not offer refunds on coaching services sold for any reason, whether purchased as a stand-alone offer or as an add-on to a Self-Paced Coaching or Guided Coaching Program. All coaching services expire 6 months after the initial purchase invoice date, unless otherwise agreed to explicitly in writing by both parties prior to the end of the 6 month period.
Any coaching sessions you can not attend and are not rescheduled or cancelled with a minimum 24 hour notice period will be considered forfeited, and will be deducted from your balance of pre-paid coaching sessions. This includes any sessions offered as a bonus or otherwise included in your purchased package.
Any coaching sessions you are more than 10 minutes late attending will not be extended, and will be considered completed at the end of the originally scheduled duration.
Coaching Service Payment Types
Coaching Services have the following payment types:
- Pay-in-Full (“Single Payment”) that is paid all at once and covers either:
- A single coaching session; or
- Five (5) coaching sessions; and
- Monthly (“Monthly Payment”) that is paid per month of coaching and covers:
- Coaching services as outlined by your purchase agreement
Owner reserves the right to discontinue any product or service at any time for any reason.
Membership Community Payment Types
Coaching Services have the following payment types:
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- Weekly (“Weekly Subscription”) that is paid per month and provides access to the Membership Community and associated coaching service for one month;
- Monthly (“Monthly Subscription”) that is paid per month and provides access to the Membership Community and associated coaching service for one month; and
- Annual (“Annual Subscription”) that is paid per year and provides access to the Membership Community and associated coaching service for one year.
Owner reserves the right to discontinue any product or service at any time for any reason.
Payments
You represent and warrant that when making purchases from the Owner that any credit card or payment information you give us is accurate and complete; and, any charges incurred by you will be honored by your financial institution or credit card company; and, you will pay the charges incurred by you, including any and all taxes; and, if your payment method is not honored for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).
You hereby authorize the Owner, JYY Coaching, to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Liability and indemnification
EU Users
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Website has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
US Users
Disclaimer of Warranties
This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at User’s own risk and Users shall be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for
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- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
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- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
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- any errors, mistakes, or inaccuracies of content;
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- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
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- any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
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- any interruption or cessation of transmission to or from the Service;
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- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
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- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
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- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
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- User’s use of and access to the Service, including any data or content transmitted or received by User;
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- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
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- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
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- User’s violation of any statutory law, rule, or regulation;
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- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
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- User’s willful misconduct; or
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- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual property rights
Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors.
Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.
The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.
Failure to accept the revised Terms may entitle either party to terminate the Agreement.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Last Updated: July 9, 2024