Terms of Service

Effective: June 12, 2018

Acceptance of terms of service

By accessing this website (the “Site”) or using the services (the “Services”) provided by Hofer Hofer Limited operating as Modern Planner (the “Provider”) you agree to be bound by the following terms of service (these “Terms”).  Please read these Terms carefully. The Provider reserves the right, at its sole discretion, to change, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms for changes. Your continued use of the Site or the Services following the posting of changes will mean that you accept and agree to the changes. “You”, “your” or “Client” refer to users of the Site or Services.

Privacy and Other Provider Policies

In addition to these Terms you agree to be bound by the Provider’s privacy and other policies which are incorporated herein by this reference. You can access the Provider’s privacy policy, cookie policy and refund policy though the Site or the following link: Privacy and Cookie Policies.  The Provider’s privacy policy explains how the Provider collects, and uses your personal data and protects your privacy when you use its Site or Services. By using the Site and Services, you agree that the Provider can use such data in accordance with its privacy policies.

Payment 

All payments for the Services shall be completed though third party payment processors as determined by the Provider from time to time. Subject to approval of a payment plan by the Provider, in its sole discretion, all payments shall be made in full prior to commencement of the Services. Where the Provider has approved a payment plan for the Services, you will be notified prior to the processing of each payment. The Provider reserves the right to suspend the Services if payments are missed of fail to be processed appropriately. The Provider reserves the right to change the prices for the Services at any time without notice. 

Cancellation/Refund

A minimum of 24 hours advance written notice must be provided to cancel or reschedule any online or in person sessions with the Provider. The Provider reserves the right not to reschedule any session that is cancelled with less than 24 hours advance written notice. 

Within the first 30 days from purchasing/registering for Services, if you are not experiencing value from the training, community and accountability through the Services including The Quarterly, cancellation of Services and a full refund can be requested following a brief consultation with a representative of the Provider. Upon Cancellation all resources provided must be returned and your right to use and access to the Services immediately cease. 

Termination

You may terminate the Services at any time. Refunds will only be provided in accordance with the Provider’s refund policy set out herein. The Provider may terminate the Services in the event you are abusive or disruptive or impede the provisions of the Services to you or your community in any way or you solicit or attempt to solicit any of the other clients of the Provider, as determined by the Provider in its sole discretion. Termination shall be accompanied by a written notice to the other party. Upon termination all resources provided must be returned and your right to use and access to the Services immediately cease.

Disclaimer of Warranties, Limitation of Liability and Indemnity

The Services are provided on an ‘AS IS WHERE AS’ basis and are provided as coaching services andshall not be interpreted as therapy, counselling, psychotherapy or psychoanalysis. The Services do not constitute medical consultation or treatment and health insurance does not apply. 

THE PROVIDER MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OR THEIR USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE PROVIDER ITS EMPLOYEES, CONTRACTORS, AFFILIATES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES, CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST GOODWILL, INDIRECT DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, MORAL DAMAGES, LIQUIDATED DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER FORM OF DAMAGES ARISING OUT OF THE USE OF THE SITE OR SERVICES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF THESE TYPES OF DAMAGES, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR OTHERWISE.

You agree to defend, indemnify, and save harmless the Provider, its employees, contractors or affiliates from any and all claims, demands, actions, charges, expenses and liabilities made or incurred by third parties as a result of any third party use or reliance on the Services. 

Content

All text, comments, messages, information, data, graphics, interfaces, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video and code, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing, (together “Content”) on the Site or in the materials provided through the Services is proprietary and is owned, controlled or licensed by or to the Provider, and is protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws. Using the Site or Services does not give you ownership of any of the Content. 

Links

The Site may contain links to other websites that are not under the control of the Provider. The Provider is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. The Provider provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by the Provider of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.

About these Terms

If you do not comply with these Terms, and the Provider does not take action right away, this doesn’t mean that the Provider is giving up any rights that it may have (such as taking action in the future).

The laws of the Province of Ontario and the applicable laws of Canada will govern these terms and conditions and all related transactions. The parties agree to the non-exclusive jurisdiction of the courts of the Province of Ontario.

If it turns out that a particular term is not enforceable, this will not affect any other terms.