By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.youthfully.ca in relation to your use of the Website and/or the Services and applies to all users of the Services, whether registered or not, on the Website.
We may, at our sole discretion, modify or revise these Terms of Service, policies, and service fees at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Youthfully y may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Site or Sites mean www.youthfully.ca, www.youthfully.co, and www.youthfully.ca
User is a person who completes Youthfully’s account registration process. (includes Coach and Students)
Student means an individual who uses the www.youthfully.ca platform with the intention of getting into a contractual relation with a Coach for the arrangement of consulting solutions by the Coach.
Coach indicates an individual who has adequate experience to offer consulting services within the areas offered by www.youthfully.ca platform, while being in Agreement to offer consulting to the Students.
Third Party Websites are the website links of third parties on this platform.
Representative is, an entity and its Affiliate(s), any director, officer, employee, coach, contractor, agent, and attorney associated with Youthfully.
Commencement Date means the date on which this Agreement takes effect.
Content means report text, email text web chat, graphics, emoji’s, images, music, software, audio, video, information or other materials.
Collective Content means Member Content and Youthfully’s Content.
Youthfully Content means all Content that Youthfully make available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
Monthly Subscription refers the Services made available on Youthfully platform on payment of fee or on subscription basis.
Ambit of Service
The Site is a market platform where Students and Coaches can identify each other and advertise, buy, and sell Youth Coaching Services online.
Parameters of Service
You shall not use the service if you have been barred from using the Service under the laws of the Canada or any other applicable jurisdiction.
Youthfully does not, in any way, supervise, direct, or control Coach or Coach’s work. Youthfully will not provide Coach with any equipment, labor, or materials needed for deliver particular Service. Youthfully does not provide the premises at which the Coach will perform the work. Youthfully makes no representations about, and does not guarantee the quality, safety, or legality of, the Youth Coaching Services; the truth or accuracy of Coach’s listings on the Site; the qualifications, background, or identities of Users; the ability of Coaches to deliver the Youth Coaching Services; the ability of Students to pay for the Youth Coaching Services; or that a Student or Coach can or will actually complete a transaction.
You acknowledge and agree that Youthfully shall not be liable in the event of any action taken against you (Student) by any educational institution.
Students Responsibilities While Availing Services
- Students mustn’t publish any abusive comments (including defamatory or derogatory comments) in regards to a Coach or a Student on Youthfully Website or other place.
- Youthfully shall not be liable if any Student does not achieve any specific result as a result of using the Service.
Communications And Submissions
We reserve the right, but have no obligation, to monitor any communications within Youthfully; including, without limitation, to ensure that appropriate standards of online conduct are being observed. . You agree to indemnify Youthfully and each of their respective employees, contractors, officers, directors, agents, representatives, vendors and content providers from any liability or damages arising out of or resulting from any communication on or through Youthfully.
- Creating fake profiles;
- Transmitting, promoting, or distributing any content that is illegal;
- Harassing or threatening any other user of Youthfully or any employee or contractor of Youthfully;
- Requests money from, or is intended to otherwise defraud, other users of the Service;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- Impersonating another person, indicating that you are a Youthfully employee or a representative of Youthfully (if you are not), or attempting to mislead users by indicating that you represent Youthfully in any way;
- Attempting to obtain a password, other account information, or other private information from any other user of the Youthfully;
- Uploading any software, files, photos, images or any other content to Youthfully that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program;
- Using a false e-mail address or otherwise disguising the source of any content that you submit within Youthfully; and
- Advocates harassment or intimidation of another person;
- Fee Based Services
Subscription Services and Payments
The monthly charges payable in respect of Services rendered shall comprise a monthly fee (the “Monthly Subscription”). You may purchase a Monthly Subscription directly from Youthfully by:
- paying a subscription fee in advance on a monthly basis or some other recurring interval agreed upon by the parties.
Monthly plans, being Basic, Essential, Standard, and Premium (collectively, the “Monthly Plans”), are billed in accordance with the Terms described herein.
For a Monthly Plan with Youthfully, the Schedule Initial Term is the period from the Commencement Date through the remainder of that calendar month, whereas the Schedule Renewal Term for a Monthly Plan is defined as one (1) calendar month beginning at the end of the Schedule Initial Term and each subsequent calendar month thereafter (collectively, the “Schedule Term”).
Tax rates are calculated based on the applicable rate at the time of monthly charge.
Youthfully may from time to time change the price of the Monthly Plans, including recurring subscription fees, and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next Schedule Term following the date of the price change. Subject to applicable law, by continuing to use the Service after the price change takes effect, you will have accepted the new price. If you do not agree to the price change, you can reject the change by unsubscribing from the applicable Monthly Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of monthly charge. These amounts can change over time with federal and provincial tax requirements in Canada and Ontario. Any change in Tax rate will be automatically applied.
Payment of fees for the use of Services shall be made via Youthfully’s preferred payment processor, Stripe. Fees to use the Site and Site Services are paid solely by you.
The date on which a payment is scheduled to be initiated is referred to as the “Recurring Payment Date.” First billing of the Monthly Subscription will occur upon the Commencement Date of the Monthly Plan, but not more than 24 hours in advance of the Commencement Date. Recurring, subsequent payments will occur on the same day of every month (e.g. if the Commencement Date is on the 7th of the month, the User will be billed on the 7th of every subsequent month), referred to as the “Recurring Payment Date”. If a Recurring Payment Date is a day that does not exist in a certain month, the payment will be initiated on the last Day of the month. For example, if the Recurring Payment Date is scheduled for the 30th day of each month, the Recurring Payment Date for the month of February will be initiated on the 28th of February (or the 29th, in a Leap Year).
For subscriptions that renew automatically, you authorize Youthfully to charge your payment method periodically for each Schedule Term until the subscription is terminated by you. By authorizing such payments, you authorize Youthfully to process such payments as either electronic debits or fund transfers, or as electronic drafts from the designated bank account, or as charges to the designated card account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Once automatic bill payment arrangements are established, Youthfully will make the payments without further requests from you.
If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Youthfully or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee to the extent permitted by applicable law and to process any such fees as an Electronic Payment or to invoice you for the amount due. By authorizing recurring payments, you are authorizing Youthfully and Stripe to store your Electronic Payment information.
Automatic Renewal and Cancellation
Your payments to Youthfully will automatically renew at the end of each applicable Schedule Term, unless you cancel or pause your Monthly Subscription before the end of the then-current subscription period. Instructions on how to cancel or pause will be provided to you upon registration. Contact us at email@example.com for instructions on how to cancel or pause using your Youthfully student portal. A cancellation will take effect the day after the last day of the current subscription period. Pauses will take effect the day after pausing until you reactivate your account again. Youthfully does not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
Terminating the Youthfully Service
You shall have the right to terminate the Monthly Subscription in its entirety at any time.
In the event a Monthly Subscription is terminated by you prior to your complete usage of the applicable Monthly Plan (whether during the Schedule Initial Term or Schedule Renewal Term), Youthfully will not be required to refund you for fees already paid, except as expressly permitted by Youthfully.
In the event you fail to terminate a Monthly Subscription for any Schedule Term, Youthfully will not be required to refund you for fees already paid, except as expressly permitted by Youthfully.
Refunds may be requested by the Student and/or User. If a refund is requested, Youthfully will undergo an independent investigation of the refund request and will be granted at the sole discretion of Youthfully. Youthfully is not obligated to provide a refund, except as expressly permitted by Youthfully. A Student who has undergone less than 30 minutes of delivered coaching support in their initial cycle may be eligible for a refund without Youthfully having to undergo an independent investigation. All approved refunds are subject to a $20 CAD processing fee, except as expressly not permitted by Youthfully.
Suspension and Termination Of Account And Service
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. We do not guarantee that the Website or any content contained on the Website will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with the Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended. Youthfully reserves the right to investigate, suspend and/or terminate your account if you have misused the Service.
Obligations Of Users
To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to Youthfully if you discover or otherwise suspect any security breaches related to the Services.
You understand and agree that Youthfully does not undertake any verification to confirm the accuracy of any information provided by the Users on the Website or to a Coach or Student, as the case maybe. Youthfully will not be liable to any Users in the event any information provided by another member is false, incomplete, inaccurate, misleading or fraudulent.
By posting any Content on the Website, you hereby grant Youthfully a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide. You hereby waive all rights to any claim against Youthfully for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content.
You agree to release Youthfully, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the Websites or the Services, your sole remedy is to cease using them.
Youthfully does not control, and is not responsible for e-mails sent from outside Youthfully’s domain or other means of electronic communication; and that by using the Website and the Service, you may be exposed to Content that is, inaccurate, misleading, or otherwise objectionable.
When you send an e-mail to Youthfully, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that Youthfully provides to you electronically satisfy legal requirements that such communications be in writing.
Use Of The Services
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform and is conditioned with the compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by Youthfully or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Third Party Website Links, Content and Services
The Website and Content available through the Website may contain links to other third-party Websites (“Third Party Websites”) such as third-party payment processors and affiliate websites. If you link to Third Party Websites, you may be subjected to those Third-Party Websites’ terms and conditions and other policies. Youthfully makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk and Youthfully disclaims all liability thereto.
Any and all contents and services (including advertising) within Youthfully that are not owned by Youthfully are “third party content and services.” Youthfully accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, Youthfully may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Youthfully does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.
Ownership and Intellectual Property
This Website and all content forming part of the Website, including without limitation, all the coaching material, information, text, photographs, ideas, images, designs, interfaces, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the Canada and is the property of Youthfully Inc.
You acknowledge and agree that Youthfully owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:
modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or
decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at firstname.lastname@example.org
Coaches must not infringe copyright material or Intellectual Property of other platforms, websites or blogs or writers at Youthfully.
This section applies to the Users as well as to the Visitors of the website. Youthfully reserves the right to take appropriate legal action against any User/Visitor who is found to be in breach of this section.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general/recommendation purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Limitation of Liability
IN NO EVENT SHALL YOUTHFULLY BE LIABLE FOR A FALSE, MISLEADING, INACCURATE OR INCOMPLETE INFORMATION BEING PROVIDED BY A USER OR COACH.
YOUTHFULLY SHALL NOT BE LIABLE IN THE EVENT ANY ACTION IS TAKEN AGAINST THE STUDENT BY ANY EDUCATIONAL INSTITUTION.
YOUTHFULLY , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), (VII) ANY KIND OF TECHNOLOGICAL FAILURE, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUTHFULLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTHFULLY SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY YOUTHFULLY ALLY FROM ITS FACILITIES IN CANADA. YOUTHFULLY MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH YOUTHFULLY IS TO STOP USING YOUTHFULLY PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR YOUTHFULLY ACCOUNTS, IF APPLICABLE.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YOUTHFULLY NOR ANY PERSON ASSOCIATED WITH YOUTHFULLY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER YOUTHFULLY NOR ANYONE ASSOCIATED WITH YOUTHFULLY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR USERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF YOUTHFULLY. AND YOUTHFULLY CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
YOUTHFULLY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STACONSULTANTY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Entire Agreement/ Severability
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Youthfully, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Youthfully or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Youthfully shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law And Arbitration
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Ontario, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario. Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
If you have any questions or concerns regarding these Terms or our Services, please contact us at email@example.com