TERMS AND CONDITIONS

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

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Emerge GX (the “Website”).

Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance of the revised Terms and Conditions. 

1. INTELLECTUAL PROPERTY

All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

2. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you. 

3. USER-GENERATED CONTENT

“User-Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.

4. ACCOUNT AND ACCOUNT USE

If your use of the Website requires an account identifying you as a user of the Website (an “Account”):

a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;

b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and

c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate. 

5. PAYMENT

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, l enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of the law.

Payment for any ongoing services is billed automatically until notification that you would like to terminate your access to the services.

6. SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. For goods or services sold by others, we assume no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that claim directly with the manufacturer or seller and not with us. You agree to release us from any claims related to goods or services manufactured or sold by third parties, including any and all warranties or product liability claims. 

7. AFFILIATE MARKETING & ADVERTISING

We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.

8. ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Emerge GX.

You further agree not to use and/or access the Website:

a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

b) To violate any intellectual property rights of us or any third party;

c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

d) To perpetrate any fraud;

e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

f) To publish or distribute any obscene or defamatory material;

g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.

9. CONTENT ENROLLMENT AND LIFETIME ACCESS

Under our Instructor Terms, when instructors publish content on Emerge GX, they grant Emerge GX a license to offer a license to the content to students. This means that we have the right to sublicense the content to enrolled students. As a student, when you enrol in a course or other content, whether it’s free or paid content, you are getting a license from Emerge GX to view the content via the Emerge GX platform and Services and Emerge GX is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

In legal, more complete terms, Emerge GX grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by an Emerge GX authorized representative. This also applies to content you can access via any of our APIs.

We generally give a lifetime access license to our students when they enrol in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Trust & Safety Guidelines. This lifetime access license does not apply to enrollments via Subscription Plans or to add-on features and services associated with the course or other content you enrol in. For example, instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with the content. To be clear, lifetime access is to the course content but not to the instructor.

Instructors may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of these Terms.

10. RIGHTS TO CONTENT YOU POST

The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow Emerge GX to reuse and share it but you do not lose any ownership rights you may have over your content.

When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Emerge GX to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Emerge GX for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

11. PROTECTION OF PRIVACY

Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.  

If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.

12. ASSUMPTION OF RISK

The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Emerge GX. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.

13. REVERSE ENGINEERING & SECURITY

You may not undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;

b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

14. DATA LOSS

We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.

15. INDEMNIFICATION

You defend and indemnify Emerge GX and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence if we wish to do so.

16. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.

17. TERMINATION OF ACCOUNT

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third-party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

18. NO WARRANTIES

Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.

19. PRIVACY 

a) Collected personal data, processed personal data and data collection

In accordance with the dispositions of article 5 of Regulation (EU) 2016/679, the collection and processing of your personal data are consistent with the following principles:

  • Lawfulness, fairness and transparency: personal data may only be collected and processed with your consent. Every time personal data is collected you will be informed that personal data is collected and why is collected;
  • Limited purposes: personal data is collected and processed of data for achieving the objectives stated in these Terms and Conditions;
  • Minimization of personal data collection and processing: only personal data necessary for achieving the objectives of the website is collected;
  • Storage of personal data limited in time personal data is stored for a limited period, of which you are informed;
  • Integrity and confidentiality of collected and processed personal data: the controller undertakes to guarantee the integrity and confidentiality of collected personal data.

In order to be lawful in accordance with article 6 of the European Regulation 2016/679, collection and processing of personal data will respect at least of one the following:

  • You have given your consent to the processing of your personal data;
  • Processing is necessary for compliance with a legal obligation;
  • Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
  • Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
  • Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.

Our Website collects the following personal data:

  • Name
  • Email
  • Profile Picture

This personal data is collected when you perform one the following actions: 

  • Registration to the website 

In addition, when you purchase a product on the Website, you will be informed that the seller will retain the proof of the transaction including the order form and the invoice.

The collector will keep in its computer systems of the Website in reasonable security conditions all of the personal data collected for a period of 5 years unless you ask for the deletion of your personal data before the expiry of this period.

If personal data is stored, you will be informed of the period during which your personal data will be kept, and if that period may not be specified, we will inform you of the criteria used to determine it.

Collection and data processing achieve the following purpose:

Name, Email, and Profile Picture data are used for account identification

b) Data Hosting

The Website is hosted by: Squarespace, headquartered at the following address:

Squarespace, Inc.

225 Varick Street

12th Floor

New York, NY 

10014

United States

The host may be contacted via email: support@squarespace.com

Personal data collected and processed by the Website are transferred to the following country(ies): Canada. 

c) Controller

The controller is: Kelvin Lee, working at Emerge GX

d) Data Protection Officer

The following person has been named Data Protection Officer: Kelvin Lee, working at Emerge GX. The Data Protection Officer may be reached at the contact information below:

By email at emergegx@gmail.com

e) Personal data of minors

In accordance with the dispositions of article 8 of the European Regulation 2016/679, no minor under the age of 15 may consent to the processing of their personal data.

If you are a minor under the age of 15, the consent of a legal guardian is required for your personal data to be collected and processed.

f) Rights and procedures for the implementation of your rights

In accordance with the regulation regarding the processing of personal data, you have the rights listed below.

In order for the controller to grant your request, you have to provide your full name, your email address and, if relevant, your personal account number.

The controller shall answer you within thirty (30) days.

I. Rights of access, right of rectification and right to erase

You may look up, update or modify your personal data, as well as request its deletion by following the procedure below:

The user must send an email to the controller including the subject of its request to the email address of the controller stated above.

If you have a personal account, you may request the deletion of your personal account by following the procedure below:

The user must send an email to the controller specifically requesting the deletion of their account. The request must include the account number or their user login.

II. Right to data portability

You may request the portability of your personal data held by the Website and have those data transmitted to another website by following the procedure below:

A user must request the portability of their personal data to the controller at the email address stated above.

III. Right to restriction of processing and right to object

You may request to restrict processing of your personal data and you may object to the processing of your personal data and the Website may not deny such requests without compelling legitimate grounds.

g) Obligations of the controller

The controller undertakes to protect collected personal data, not to transfer your personal data to third parties without informing you first and to respect the purposes for which personal data were collected. 

The collector undertakes to notify you before the rectification or erasure of any of your personal data unless this requires disproportionate efforts.

In the event that the integrity and confidentiality of your personal data is compromised, the controller undertakes to inform you by any means. 

20. COOKIES

a) Consent to our use of cookies

The Website may use cookies, which allow us to process statistics and information on traffic, to make your experience of the Website smoother and more interactive. Use of cookies involving personal data storage or analysis, you will be asked for your consent.

b) Right to object to use of cookies by the Website

You may object to the use of cookies by altering the settings of your web browser. However, any loss of functionality may not be held against us.

c) Description of cookies used by the Website

By using our Website, the following cookies from third parties may be saved on your computer:

  • LearnDash
  • Stripe
  • BuddyBoss
  • WordPress

In addition, the Website embeds social network links that allow you to share your activity on the Website. Cookies from these social networks therefore may be saved on your computer.

These websites have privacy policies and terms and conditions that may differ from these Terms and Conditions. For more information, visit the terms and conditions and these websites.

21. LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Emerge GX arising from your use of the Website is limited to the greater of one hundred ($50) Canadian Dollars or the amount you paid to Emerge GX in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.