TERMS AND CONDITIONS  

LAST UPDATE OF THESE TERMS AND CONDITIONS - May 9, 2019

Welcome https://www.jforrestenglish.com/ (Site).  

This Site gives you an opportunity to browse and purchase products and services to improve your English language skills and communication skills provided by JForrest English Training.  

These Terms and Conditions (Terms) govern your use of this Site, as well as JForrest English Training’s products and services, and form a binding contractual agreement between you and us.  

These Terms are important and you should ensure that you read them carefully and contact JForrest English Training at jennifer@jforrestenglish.com if you have any questions before purchasing our products or engaging our services.  

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.  

ACCEPTANCE OF TERMS  

By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.  

We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at jennifer@jforrestenglish.com and immediately discontinue your use of the products and/or services.  

GENERAL DISCLAIMER  

All JForrest English Training products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.  

JForrest English Training provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.  

Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.  

REGISTERING YOUR DETAILS  

Before you purchase our products and/or services, you must register an account with us. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.  

We may at any time request a form of identification to verify your identity.  

If you are a registered user or member to this Site, you acknowledge and agree that:  

You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);  

You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);  

You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;  

You will immediately notify us if your Password is lost or becomes known to any other person  

You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and  

Any information you provide to us for posting or inclusion in our JForrest English Training community, at any time, becomes our property.  

To the extent that you provide personal information, JForrest English Training will treat such information strictly in accordance with its Privacy Policy.  

You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.  

Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.  

YOUR OBLIGATIONS  

When using our products and/or services, you may be given access to Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or JForrest English Training communities any of the following:  

Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.  

Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.  

Information that includes personal or identifying information about another person without that person’s consent.  

Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.  

Any information or content that impersonates any person or entity.  

Any material, non-public information about companies without authorisation to do so.  

Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).  

By posting or otherwise publishing Your Content on our Site or JForrest English Training communities, you:  

Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;  

Warrant that you have the right to grant the above licences;  

Warrant that Your Content does not breach these Terms; and  

Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.  

We reserve the right (but have no obligation) to: 

Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.  

CODE OF CONDUCT  

Our Site, and JForrest English Training communities, is a space for learning and is a pitch-free, solicitation-free and sales-free environment.  

While using this Site and/or JForrest English Training communities, we ask that you not:  

Contact anyone who has asked not to be contacted.  

Collect personal data about other users for commercial or unlawful purposes.  

Infringe other user’s privacy rights.  

Violate the intellectual property of others.  

Post anything that contains software viruses, worms or any other harmful code; or  

Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.  

CONFIDENTIALITY  

You agree:  

That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.  

Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.  

That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.  

That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.  

COPYRIGHT AND TRADE MARK NOTICES  

All material on this Site, in our JForrest English Training communities or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.  

You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.  

RIGHT TO SUSPEND, TERMINATE AND REFUND  

We reserve the right to suspend or terminate your use of the Site, the JForrest English Training communities or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.  

FINANCIAL TERMS  

The cost, cancellation and refund, if any, details of our products and services are set out below:  

The Business English Academy: Retail Value: $3,429 USD. The current price of the Business English Academy is $597 USD in one payment or three equal payments of $230. If you choose a payment plan, the first payment of $230 is due when you enroll. The second payment of $230 is due 30 days later, and the third payment of $230 is due 60 days later. If you do not complete all three payments, your access to the Business English Academy will be immediately deactivated. Refund: 100% money back guarantee if you complete all aspects of the Business English Academy and are not satisfied with the results. To qualify for a refund, you must submit a written request to jennifer@jforrestenglish.com within 90 days of purchasing the program. To qualify for a refund you must: have paid the entire amount of the program, have 100% watch time of all courses and submit screen shots of your quiz results, submit your practice exercises for every lesson, and complete all speaking challenges in the 30 day speaking challenges course. The quiz screen shots, practice exercises and speaking challenge video files must be uploaded to a dropbox or file share space and the link must be provided along with the refund request.  

The Confident English Speaker: Retail Value: $197 USD. Refund: 100% money back guarantee* within the first 30 days.

The Finally Fluent Academy: Retail Value: $197/Month. Refund: 100% money back guarantee* within the first 30 days. The Monthly and Annual memberships are reoccuring payments and the payment will be automatically deducted from your credit card until you cancel your account. You are responsible for canceling your account. You will not be refunded if you forget to cancel your account. You will only have access to the content as long as your membership is active. The Lifetime membership is a one-time payment. You are guaranteed 16 months worth of content. If the Finally Fluent Academy is closed before you receive 16 months worth of content, you will be refunded any amount minus the content you have recieved at a monthly rate of $30 per month. For example, let's say you joined in January but the Finally Fluent Academy closed in July. You received lessons from January to July, so 7 months. You would be refunded $270 for 9 months of missing content ($30x9=$270). Beyond 16 months, you will not be refunded if the Finally Fluent Academy closes.  

*100% money back guarantee includes the full price of the course, minus any credit card or processing fees that this Site incurs from Stripe, Thinkific and PayPal. A refund can only be requested once per user per course.  

Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:  

You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates. 

If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.  

Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.  

We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.  

We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.  

We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.  

We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.  

In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.  

From time to time, this Site may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.  

LIABILITY IS LIMITED  

The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Canadian Consumer Law.  

We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, JForrest English Training community or Our Content.  

In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or

services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, JForrest English Training community or Our Content. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:  

Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).  

Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.  

Accessing websites or servers maintained by other organisations through links on our Site, JForrest English Training community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.  

The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site. 

YOUR INDEMNITY  

You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site JForrest English Training community or through use of our products or services.  

AFFILIATE DISCLOSURE  

As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our JForrest English Training community.  

NO ASSIGNMENT  

You cannot transfer or assign your course log-in details with anyone else.  

We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.  

APPLICABLE LAW  

These Terms shall be construed in accordance with and governed by Canadian law.  

YOUR FEEDBACK  

We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.  

If you have questions or comments regarding this Site, or it’s products or services, please email us at jennifer@jforrestenglish.com  

www.jforrestenglish.com