New Phase Training Inc.
The Website for New Phase Training Inc. (“New Phase Training”) including but not limited to “www.newphasetraining.com” and all web pages related to this site (excluding all links to third party sites and platforms) are owned and operated by New Phase Training. All content on the site itself is copyrighted and owned by New Phase Training as of 2018.
The Website and the Services provided by the Website are provided on an “as is” basis, and New Phase Training hereby disclaims any liability for any damage or loss which may be suffered by you the User as a result of using the Website or any Services provided to you by New Phase Training.
These terms apply to any and all users of the Website and/or of New Phase Training’s Services.
While we strive for accuracy, it is possible that information on the Website, as presented within any associated site, or as included within the Services contain errors or omissions. Should this be the case, we disclaim any liability for these errors or omissions and any results that could arise from them.
Specific Terms for Students Enrolling in New Phase Training’s Courses
Specifically, as a student of New Phase Training, you are committing to the following:
- You understand and agree that your punctual and consistent attendance at any and all classes – whether virtual or otherwise – is of utmost importance. You understand that arriving to a class late is disruptive to other students, and accordingly you will commit to make best efforts to arrive on time or early for any scheduled class. You also understand that missing classes results in an inability to graduate from that specific course; and that it creates significant administrative issues for New Phase Training in rescheduling. Accordingly, by taking a course you commit to make best efforts to ensure that you attend all scheduled courses;
- You accept and agree not to attend any classes – virtually or otherwise – while under the influence of alcohol or drugs that may affect your performance, or to bring any of these substances at any time or for any reason to any on-site premises where a course is being held;
- You understand and agree that New Phase Training is committed to best practices regarding safety and that New Phase Training will always make best efforts to ensure your safety and well-being while taking a course. However, by taking a course with New Phase Training, you accept, agree and understand that you are doing so fully at your own risk. You agree not to hold New Phase Training liable in any way for any damages that may occur as a result of your participation in a course. These damages include, but are not limited to: any injury or death that may occur on the premises, whether from slipping and falling, injuries that are as a result of the actions of any other student, from contracting COVID-19 or any other disease, or for any other reason; any human rights complaint that may arise as a result of discussions that occur, or for any other reason; negligence or any unintentional actions of New Phase Training or any of its representatives that could cause injury to you; emotional or mental distress caused by comments made by other students or instructors; and damage or loss that may occur to any of your belongings, including your computer, phone or laptop. You also understand and agree to indemnify and hold New Phase Training and any of its representatives harmless for the results or the standard of any emergency care that may be provided to you as a result of any accident that may occur on the premises;
- You understand and agree that the comments, thoughts and feelings of other students do not in any way represent the comments, thoughts and feelings of New Phase Training, and you agree that you will not hold New Phase Training or any of its representatives responsible for the comments or actions of its students;
- You understand and agree to focus on learning the material during class times, to pay attention to what is being taught, and not to go on any other websites during class time;
- You understand and agree that if you are provided with a laptop or computer to use for a course, that you will not use the computer for any improper or illegal use;
- You understand and agree that New Phase Training is not responsible for your internet connection or speed, for any technological issues you experience generally, or the effect that these issues may have on your course training;
- You understand and agree that New Phase Training is not responsible for the results of any courses you may take, or for anything that you learn or fail to learn from New Phase Training, and how this may affect your career or your job performance.
Course Refund Policy
We require three (“3”) business days’ cancellation notice prior to the first day of group classes, otherwise the full cost of the class will be charged.
We require five (“5”) business days’ cancellation notice prior to the first day of class for all voice recognition training, half day classes, custom courses, Focus, and one-on-one training; otherwise the full cost of the class will be charged.
To access the courses, you may need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
In the performance of the Services by either of the Parties, each party shall comply with all applicable laws and regulations, and shall not breach or infringe any such laws or regulations which for the purpose hereof, shall, without limiting the generality of the foregoing, include all statutes, regulations, ordinances, standards, codes, specifications, permits, licenses or other rules of any government, regulatory bodies or public authority having jurisdiction in the Territory.
Information Regarding COVID-19 Policies for Students if In-Person Courses Resume
In the event that New Phase Training’s in-person courses resume, you understand and agree that you will be attending the premises at your own risk. You agree to indemnify and hold New Phase Training harmless from any damages that could be suffered as a result of attending a course in-person; including but not limited to loss of income, injury, or death to yourself or any third party as a result of contracting COVID-19, either directly or indirectly from New Phase Training, its Directors, agents, employees, contractors, assigns, or its premises.
If you experience any of the following symptoms – cough, fever, shortness of breath, runny nose or sore throat not related to a pre-existing condition – do not come to the premises for class. Isolate yourself for a minimum of 10 days since the day symptoms started or until they resolve, or 14 days if returning from travel outside of Canada. You will be able to continue to attend classes remotely through our Website. Other symptoms that mandate that you stay home include: chills, painful swallowing, stuffy nose, headache, muscle and joint aches, conjunctivitis, fatigue or severe exhaustion and gastrointestinal symptoms.
Take a test: If readily available, take a test to verify whether you might need professional treatment. Call 811 for additional information
- If you test positive for COVID-19:
Do not panic, inform your course instructor, and isolate for 14 days. Understand that your instructor will be supportive of whatever it is that you need to get well.
- If you test negative for COVID-19:
You are not legally required to isolate; however, you must not come to the premises of any in-person classes until your symptoms resolve. Inform your instructor of your current condition by email and arrange for remote access to continue with your course(s).
Terms for both Course Students and Website Users
Intellectual Property Rights
This Website and the courses contain materials including text, photographs, videos and other images and sound that are protected by copyright and/or other intellectual property rights. All copyright and trademarks and other intellectual property rights, unless stated otherwise, are owned by New Phase Training. The User may not remove the copyright notices contained in any of the material provided from this Website, as connected to this Website or within New Phase Training’s courses and materials.
If you have purchased or received access to any of our courses, or to any online platforms, unless explicitly stated otherwise, you have received one single access to the digital product. The User may not copy, distribute, publish, reproduce, tamper with or alter any material contained on this Website or as included within New Phase Training’s courses or materials at any time or for any reason. Duplicating, sharing, illegally selling, or uploading product files to sharing sites is considered stealing, and those who do so will be prosecuted to the full extent of the law.
Our License to You
All digital New Phase Training products and services are protected by copyright, trademark, and other intellectual property laws (the “Digital Services”). The Digital Services are provided solely for your personal, non-commercial use. You may not use the Digital Services or the materials available in a manner that constitutes an infringement of our rights or in a way that has not been authorized by us. More specifically, unless explicitly authorized by New Phase Training, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Digital Services. You may, however, from time to time, download and/or print one copy of individual pages of the site or the course for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, photos and videos) to us via the Website, social media, and/or by email, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen (“18”) years of age or older.
In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that New Phase Training has the right but not the obligation to use and display any postings or contributions of any kind and that New Phase Training may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Representations by the User
The User represents and warrants to New Phase Training as follows:
1.1.1 the User is not using New Phase Training’s services for any improper or illegal purpose;
1.1.2 the User shall comply with all applicable laws and regulations in relation to the Services and its use of the Website, and shall not breach or infringe any such laws or regulations which for the purpose hereof, shall, without limiting the generality of the foregoing, include all statutes, regulations, ordinances, standards, codes, specifications, permits, licenses or other rules of any government, regulatory bodies or public authority having jurisdiction in the Territory;
1.1.3 the User shall cooperate in all respects with New Phase Training in the disclosure and provision of information required for New Phase Training to provide the Services to the User;
1.1.4 the User shall not upload or write anything on the Website or within the courses which the User does not have the right to post;
1.1.5 the User agrees not to post, write or say anything offensive, and understands and agrees that if anything offensive is posted through the Site that the User may be reported and its use of the Site and any courses may be discontinued, and that New Phase Training disclaims any and all liability for the results of any and all posts and comments;
1.1.6 this Agreement has been agreed to by the User or an authorized and proper representative of the User and represents a legal, valid, binding and enforceable agreement.
Indemnification and Liability
Under no circumstances, including, but not limited to, negligence, shall we, New Phase Training, our Directors, agents, contractors, employees, affiliates or assigns be liable for any direct, indirect, incidental, special or consequential damages that result from the courses provided to students, including its materials, products, or services, or third-party materials, products, or services, or for the results of attendance on the premises of New Phase Training or any other premises where courses are offered, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any damages that could occur as a result of you contracting COVID-19 or any other disease from the premises or from any individual somehow connected directly or indirectly to New Phase Training. You also agree that we are not responsible for the defamatory, offensive or illegal conduct of any user or student. If you are dissatisfied with the courses, any Services, materials, or the Website, your sole and exclusive remedy is to discontinue taking the course, using the site or receiving Services, and your only remedy is a refund of the amount paid for the course.
New Phase Training makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness of its courses for any purpose.
In no event shall New Phase Training be liable for any lost data or content, lost profits, business interruptions or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the services provided by New Phase Training, even if New Phase Training has been advised of the possibility of such damages.
In all situations and circumstances, the maximum liability of New Phase Training, and any and all of its directors, employees, contractors or affiliates to the User for damages for any and all causes whatsoever, and the User’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to any amount paid by the User to New Phase Training. In no event shall New Phase Training’s liability exceed the amount paid to New Phase Training from the User, and the User is fully aware that by entering into this Agreement the User assumes all risks which may arise from this Agreement, and agrees to hold New Phase Training harmless for anything that should arise as a result of this Agreement or the User’s use of the Services, the Site or the User’s relationship with New Phase Training.
The User agrees and acknowledges that New Phase Training’s role is solely as a technological platform and course provider, and acknowledges that New Phase Training is not responsible or liable in any way for any issues that arise from the User’s use of the Site, or in any way as a direct or indirect result of the User’s connection with others as a result of use of the Site.
The User agrees and understands that New Phase Training is not responsible for any copyright infringement that may take place through the use of this platform.
New Phase Training will not participate in any legal disputes or solve any issues that may arise between the User and any third parties as a result of connections made through the courses or the Website.
New Phase Training does not warrant that the Site is fit for any particular purpose, nor that the Services will be without disruption, nor that any reports, data or information provided as part of the Services will be free from errors, omission, inaccuracies or nonconformities, and New Phase Training shall have no liability or obligation to the User in this respect.
New Phase Training shall not be liable for any damage caused to the User or anyone connected to the User, such as the User’s parents or friends, or any other individuals, as a result of or in connection with New Phase Training or its Services.
New Phase Training is not liable in any way or for any reason for any injury or death which is in any way connected to the User taking any course from New Phase Training or utilizing the Website or any Services of New Phase Training. New Phase Training’s liability for any claims against it or the Site shall not exceed the total price paid by the User for the course of the Site or the price paid by any third party for the purchase of a course.
Throughout the Site, within our courses, or on our various social media accounts, we may provide links and pointers to Internet sites maintained by third parties. Our linking to these third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective authors, speakers, or distributors, and not of New Phase Training. New Phase Training neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made by anyone other than an authorized New Phase Training representative while acting in his/her official capacity.
You understand that by taking courses from New Phase Training, there may be discussions whereby the opinions provided by other students are inappropriate. Although New Phase Training will make best efforts wherever possible to limit these inappropriate comments, you accept and agree that you are taking courses at your own risk, and you agree to release New Phase Training from any and all liability that could result from the hurtful opinions or actions of other students.
We also do not warrant that the site, our courses, or any of the Website’s functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site or the servers that make it available, are free of viruses or other harmful components. You agree not to hold us responsible if you obtain a virus while taking our courses or while using our Website.
We do not warrant or make any representations regarding the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless New Phase Training, its affiliates, successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, employees and contractors from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
The User agrees and understands that New Phase Training is not responsible in any way for the results of any connections made through the courses, through the Website, or through any social media account.
New Phase Training does not warrant that the Services provided by way of the Website will be without disruption, nor that any reports, times or information provided as part of the Services will be free from errors, omission, inaccuracies or nonconformities, and New Phase Training shall have no liability or obligation to the student in this respect excepts as provided hereunder.
New Phase Training makes no warranty for the security or integrity of any connection or transmission used in the provision of the Services.
Interactive Features and Social Media Accounts
This Site may include or may link to a variety of features and/or social media accounts that allow feedback to us, and real-time interaction between users, or between users and third parties. Responsibility for what is posted on social media accounts, bulletin boards, web logs, chat rooms, and other public posting areas, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site or on any linked or affiliated social media accounts.
It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site;
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; and
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.
New Phase Training may host message boards, chats and other public forums on its Sites or in social media accounts. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats, social media accounts, or other public forums in the future. New Phase Training or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats, social media accounts and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by New Phase Training staff, New Phase Training’s outside contributors, or by users not connected with New Phase Training, some of whom may employ anonymous usernames. New Phase Training expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of New Phase Training or any of its subsidiaries or affiliates.
New Phase Training has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, social media accounts, or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our students, and users.
Certain sections of the Website or social media accounts may allow you to purchase our
Services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.
A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that New Phase Training shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
When you purchase services on or through the Site, you will be subject to additional terms and conditions that specifically apply to your purchase or use of such services. You release us and our affiliates from any damages that you incur through any purchases made on our Website, and agree not to assert any claims against us or any third parties, arising from your purchase or use of any services made available through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only purchase services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Term and Termination
This Agreement shall commence at the time that the User commences use of the Site or signs up for one of New Phase Training’s courses and shall continue until the Agreement is terminated by one or both of the parties at any time or for any reason.
The User may terminate this Agreement at any time by terminating their account with New Phase Training.
New Phase Training may terminate this Agreement with the User at any time and for any reason and may terminate the User’s access to the Site and their account with New Phase Training at any time and for any reason.
The termination of this Agreement shall not affect the accrued rights and obligations of the parties hereto.
Both parties agree to use any Confidential Information disclosed by the other party solely in connection with the current or contemplated business relationship between the parties and not for any purpose other than as authorized by this Agreement without the prior written consent of an authorized representative of the disclosing party. Specifically, all confidential information which New Phase Training may receive access to as a result of the site shall be kept completely confidential at all times and shall at no time be disclosed to any third parties for any reason whatsoever.
All parties agree to take the utmost care and caution in protecting the Confidential Information of the other party from unintentional disclosure to any third parties or to the public. However, if at any time, through no fault of New Phase Training, it is hacked in any way and Confidential Information is released, so long as New Phase Training has taken reasonable and appropriate methods to safeguard its Confidential Information, it shall not be liable in any way or to anyone for the release of this information.
The User understands and agrees that all course material is considered confidential, and that it will not disclose this information to anyone or use it for any improper or illegal purpose.
Full Force and Effect
Compliance with Laws and Regulations
As a user of the Website and/or a student in New Phase Training’s courses, the User shall comply with all applicable laws and regulations, and shall not breach or infringe any laws or regulations which for the purpose hereof, shall, without limiting the generality of the foregoing, include all statutes, regulations, ordinances, standards, codes, specifications, permits, licenses or other rules of any government, regulatory bodies or public authority having jurisdiction in Alberta.
The obligations of New Phase Training to the User under this Agreement shall be suspended and New Phase Training shall not be liable for damages, costs or expenses during the time and to the extent New Phase Training is prevented from complying with its obligations in whole or in part as a result of strikes, lockouts, acts of God, acts of the Queen’s enemies, wars, laws, orders or regulations of government bodies or agencies, terrorist acts, unavoidable accidents, delays in transportation, inability to materials and supplies in the open market place or any other cause beyond the reasonable control of New Phase Training.
Neither party to this agreement may assign this agreement in whole or in part without first obtaining the written consent of the other party.
Each party to this Agreement shall from time to time during the Term of this agreement, do all such further acts as may be reasonably required in order to properly and fully carry out the terms of this Agreement.
THE USER UNDERSTANDS AND ACCEPTS ALL OF THE ABOVE PROVISIONS AND AGREES TO BE BOUND FULLY BY THE ENTIRETY OF THIS AGREEMENT AS A RESULT OF USING THE SITE, TAKING THE COURSES, OR RECEIVING ANY SERVICES FROM NEW PHASE TRAINING.