Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND OUR RESOURCES.

    1. Background:

    The “Terms of Use Agreement and Legal Consent” governs the relationship between users and PeakPerfly Incorporated when accessing and utilizing the websites (peakperfly.com) and any associated resources provided by the company. These resources may also include those belonging to previously affiliated brands such as The Organizing Academy (TOA) and JessylsCharm LTD.

    Before proceeding to use the websites and resources, users are required to carefully read and acknowledge the terms outlined in this agreement. By accessing and using these platforms, users signify their full acceptance and agreement to be bound by the specified terms. If any user disagrees with the terms, they must refrain from using the websites and resources.

    To access and use these platforms, users must be either 18 years of age or older, or they must have obtained parental or guardian consent to accept the terms and access the websites/resources. Additionally, users affirm that they possess the necessary capacity, competence, and willingness to fulfill the obligations, representations, and warranties specified in these Terms of Use.

    The Terms of Use Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, where PeakPerfly Incorporated is currently situated. This background sets the foundation for a transparent and legally binding relationship between users and PeakPerfly Incorporated, promoting a safe and compliant environment for all parties involved.

    1. Copyright and Intellectual Property:

    All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the websites, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use. If content from this website must be used, they must be used or reproduced accurately, without any modification; they must identify PeakPerfly as the source; they must be used solely for non-commercial purposes; and copyright notice must appear on every copy in the following form: © 2021. PeakPerfly. All rights reserved.

    Members/users are not allowed to share any web page restricted content (all content from the members’ area on the website and others as specified where necessary) from the website to other websites and social media platforms without the permission and written consent of PeakPerfly Incorporated. Sharing restricted content from our web page will be regarded as copyright infringement.

    1. User Content Policy:

    By utilizing designated areas of the website, you have the opportunity to post or upload written content or other materials (referred to collectively as “User Content”). Rest assured that you maintain all copyrights and other intellectual property rights to your own User Content.

    Our company holds a strict policy regarding client and website user information. Any information provided or disclosed to us is treated with the utmost confidentiality, securely stored, and used exclusively for business purposes with PeakPerfly.

    Within designated areas of the website, you may have the ability to post or upload written content or other materials (referred to as “User Content”).

    It is important to note that you are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content on the website, you grant PeakPerfly Incorporated a worldwide, non-exclusive, royalty-free license to use, modify, reproduce, and publish such User Content on the website. This license enables us to share the User Content with users and visitors of the website and promote the website. By uploading or posting User Content, you affirm that you own or possess the necessary rights and licenses to grant PeakPerfly permission to use the User Content in accordance with the intentions of PeakPerfly Incorporated and these Terms.

    1. Privacy Policy:

    When browsing our website and platforms, your computer’s internet protocol (IP) address is automatically collected in order to provide us with information that helps us learn about your browser and operating system.

    For Email communications (if applicable): With your permission, we may send you emails about our content, solutions, products, and any updates.

    Only authorized personnel of PeakPerfly Incorporated are allowed access to personal information of our clients and website users and the company’s confidentiality policy is binding on all its employees. Disclosure of information to a third party is strictly prohibited except where we are constrained by law to do so. We would require basic information such as names and email addresses and payment details, where applicable on our registration and secure online payment platforms.

    By accessing and/or using the website, you may provide us with personal information as described in our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy, which governs the collection, use, storage and disclosure of such personal information.

    1. Payment Policy:

    All payments are made online via a secure online payment platform. By entering your card details you authorize PeakPerfly Incorporated to bill you the full and complete cost of the program purchased.

    As consideration for any purchase you make on the Websites, you shall pay PeakPerfly all applicable fees and taxes. We (PeakPerfly Incorporated or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. You are responsible for directly updating any changes to your account information including but not limited to card number, expiry date, billing address, or card status. You have a responsibility to protect your account information from unauthorized access.

    1. Refund Policy:

    Refund after purchase of PeakPerfly digital solutions is only allowable 24 hours after payment and are conditional on the understanding that the person asking for a refund has not logged into the members’ area and had access to the digital products. Demand for a refund is denied where the system notifies us of access to the digital products. Where there are exceptions to our standard refund policy, you will be duly notified.

    1. Disclaimer on Your Use of this Website and Our Services:

    Your use of this website is entirely at your own risk. The website and content are provided “as is” and without warranties or conditions of any kind, either expressed or implied. PeakPerfly Incorporated does not guarantee that the website or content contained in this website will not be misinterpreted or wrongly applied. PeakPerfly Incorporated is an organizing, productivity, and peak performance company providing solutions aimed at improving personal effectiveness and boosting business productivity. It is the sole responsibility of the website user to verify the accuracy and proper application of any form of information and resources provided herein.

    PeakPerfly Incorporated is a business consulting, coaching, and performance enhancement platform. We aim to provide business leadership, structure, operations, and growth solutions. It is essential to note that, like any consulting and business solutions platform, we offer exposure to the why, what, and how of personal and business performance enhancement. However, it is your responsibility to verify and implement the principles and practices of business consulting, coaching, and performance improvement to achieve the best results from our platform.

    Please be aware that PeakPerfly Incorporated is not liable for any failure on your part to verify and appropriately apply the principles and practices of business consulting, coaching, and performance improvement acquired through our platforms.

    For any inquiries or clarifications, please don’t hesitate to contact us at info@peakperfly.com.

    1. Modifications to the Terms of Use:

    PeakPerfly Incorporated reserves the right to update or modify these Terms of Use at any time without prior notice. By continuing to use the websites and resources after any changes to the Terms, you agree to be bound by the revised Terms. It is your responsibility to review the Terms periodically for updates or revisions.

    1. Termination of Access:

    PeakPerfly Incorporated reserves the right to terminate or suspend your access to the websites and resources, with or without cause, at any time and without notice. Upon termination, all provisions of these Terms that should reasonably survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall continue to be in effect.

    1. Links to Third-Party Websites:

    The websites may contain links to third-party websites or resources that are not owned or controlled by PeakPerfly Incorporated. We do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that PeakPerfly Incorporated shall not be liable for any damages or losses incurred due to your use of or reliance on any content, goods, or services available through third-party websites.

    1. Featured Partner Disclaimer:

    At PeakPerfly, we are dedicated to providing our clients with a comprehensive range of solutions to meet their diverse needs. As part of our commitment to excellence, we actively collaborate with trusted partners who offer products and services that align with our clients’ goals and aspirations. To ensure that our clients receive nothing but the best, our partners go through a meticulous vetting process. This rigorous evaluation involves examining the quality of their offerings, assessing their track record of customer satisfaction, and verifying their commitment to ethical business practices.

    Once a partner successfully meets our stringent criteria, they are carefully cataloged within our network. This meticulous organization enables us to readily recommend the most relevant and effective solutions to our clients, tailored to their unique requirements. As we showcase these featured partners, it is essential to clarify the intent behind our endorsements. While we take great care in curating our offerings, the inclusion of products or services in our featured partner section does not imply or constitute a direct endorsement from our company. Instead, it signifies our confidence in the quality and potential of our partners’ offerings, which have passed our thorough evaluation process.

    We prioritize transparency and accountability in all our endeavors, aiming to empower our clients to make informed decisions. Individual experiences may vary, and we encourage our clients to review each partner’s terms and policies independently to find the best fit for their specific circumstances. By providing this disclaimer, we seek to uphold our commitment to integrity and fairness in our promotion of partner solutions, supporting our clients’ journey towards success and satisfaction with the utmost dedication and professionalism.

    1. Indemnification:

    You agree to indemnify, defend, and hold harmless PeakPerfly Incorporated, its affiliates, directors, officers, employees, and agents, from and against any and all claims, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your use of the websites and resources, violation of these Terms of Use, or infringement of any intellectual property or other rights of any third party.

    1. Limitation of Liability:

    In no event shall PeakPerfly Incorporated, its affiliates, directors, officers, employees, or agents be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including, without limitation, lost profits, data, or other intangible losses, arising out of or in connection with your use of the websites and resources or these Terms of Use.

    1. Entire Agreement:

    These Terms of Use constitute the entire agreement between you and PeakPerfly Incorporated regarding the use of the websites and resources, superseding any prior agreements, communications, or proposals, whether oral or written, between you and PeakPerfly Incorporated.

    1. Severability:

    If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms shall remain in full force and effect.

    16. Terms of Use Agreement and Legal Consent:

    By accessing and utilizing the websites (peakperfly.com) and any associated resources provided by PeakPerfly Incorporated, including those belonging to previously affiliated brands such as: The Organizing Academy (TOA) and JessylsCharm LTD, you acknowledge and agree to be bound by the following terms of use. If you do not agree with these Terms, please refrain from using the websites and/or resources. By continuing to access and use these platforms, you confirm that you are either 18 years of age or older, or that you have obtained parental or guardian consent to accept these terms and access the websites/resources. Furthermore, you assert that you possess the necessary capacity, competence, and willingness to fulfill the obligations, representations, and warranties outlined in these Terms, and commit to adhering to and complying with them. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada where the company is currently situated.