Terms & Conditions
Terms and Conditions for NANOOKA INNOVATION INC. o/a SHINING COMPASS
Last Updated on March 11th, 2025
NOTICE: These terms and conditions of use for https://www.shiningcompass.com (the “Website”) constitute a legal agreement and are entered into by and between you (“you”) and NANOOKA INNOVATION INC. operating as SHINING COMPASS ("Shining Compass," "we," "us," "our"), located at Ontario, Canada. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through the Website. It is your responsibility to read these Terms and Conditions carefully prior to purchase, use, or access of any of our products and services, including but not limited to online courses , Workshops, coaching services, blogs and our Social media posts on various platforms from time to time.
GENERAL PROVISIONS
The Website is owned and operated by Shining Compass, operating name owned by Nanooka Innovation Inc., a company based in Ontario, Canada.
BY ACCESSING OR USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS OR BY DOWNLOADING, USING, PURCHASING, OR REGISTERING FOR ANY ASPECT OF THE PRODUCTS/SERVICES ON THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT OUR WEBISITE - https://www.shiningcompass.com/privacy-policy INCORPORATED HEREIN BY REFERENCE. ACCEPTANCE OF THESE TERMS IS A CONDITION OF YOUR PARTICIPATION IN AND USE OF THE WEBSITE AND PRODUCTS OR ANY TYPE COACHING SERVICES OR WEBINARS OR FREE DISCOVERY CALL, OTHER SERVICES OR WORKING WITH US IN ANY CAPACITY AS VENDOR/CONSULTANT/FREELNACER ON EMAILS USING ANY INTERNET ONLINE APPLICATIONS.
IN CONSIDERATION OF YOUR USE OF OR PARTICIPATION IN THE WEBSITE AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE AND/OR PRODUCTS/SERVICES OFFERED ON THE WEBSITE and/or ENGAGE/VIEW/READ/ REPLY TO OUR SOCIAL MEDIA POSTS OR INTERACT WITH US THROUGH ANY OTHER WAY OF COMMUNICATION LIKE MARKETING CALLS OR EMAILS.
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Nanooka Innovation operating as Shining Compass and meet all of the eligibility requirements outlined herein. If you do not meet all of these requirements, you must not access or use the Website or purchase any of the products/services offered on the Website.
Use of the Website is at your own risk. We host the Website on a reputable platform and take reasonable efforts to maintain and host the Website. However, Shining Compass makes no explicit representations or warranties as to the safety of your use of the Website.
REVISIONS TO TERMS AND CONDITIONS
The Terms and Conditions contained herein are subject to change at any time. We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
ACCESS TO WEBSITE AND SERVICES
All blogs, programs, products and services are owned and provided by Shining Compass. The term “you” or “your” refers to any user or purchaser of said blog(s), program(s), product(s) or service(s), or other interaction(s)/engagement(s) with Shining Compass on social media platforms (collectively, the “Services”). These Terms and Conditions govern and define how you are allowed to use and access Shining Compass’ Services.
OUR PRODUCT OR COURSE USE AND CONSENT
When you purchased our Services or interacted with us on emails or for any purpose, you were given reasonable notice that these Terms and Conditions applied. By completing your purchase of the Services and further access of same, you agreed, consented and continue to agree and consent to abide by these Terms and Conditions, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions.
SECURITY
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website or Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Services.
REGISTRATION AND ACCOUNT SET-UP
Users are responsible for obtaining their own access to the Website and/or Services and/or our mobile applications which may be existing or created/revised in future to provide good user experience. Users are required to ensure that all persons who access the Website and/or Services and/or member’s area through a user's internet connection are aware of these Terms and comply with them.
The Website and/or Services, including certain content or areas of the Website, may require a user to register and create and account (an “Account”) and select a unique username and password (collectively, “Credentials”). It is a condition of your use of the Website and/or Services that all the information you provide on the Website and/or Services is correct, current, and complete. Your Account and Credentials are specific to you and may not be shared with or transferred to any other person.
You are solely responsible for maintaining the confidentiality of the Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You are responsible for any Credentials misuse or any unauthorized access. You will not permit any other person to use your Account or Credentials, and you will immediately notify us if you know or suspect that your Account or Credentials have been used by any other person.
Subject to applicable laws, we reserve the right at any time and from time to time, to disable or terminate your or any related Account, Credentials, any username, from newsletter subscriber list, your password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
We may act upon any communication that is given through your Account or by using your Credentials. We are not required to verify the actual identity or authority of a person using your Account or Credentials provided online, but we may in our discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if we are not satisfied with the verification. If Shining Compass, in its sole discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then we may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the "Registration Data"). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you.
Your provision of Registration Data, Credentials, and any submissions you make to the Website through any functionality such as applications, e-mail, message boards, profiles, forums, and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy
NO CIRCUMVENTION
You are prohibited from attempting to circumvent and from violating the security of this Website and/or Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website and/or Services via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website and/or Services.
INTELLECTUAL PROPERTY NOTICE
Nanooka Innovation Inc. o/a Shining Compass, this Website domain, URLs and other trade names or trade-marks of Shining Compass used on this Website, and related words and logos are trade-marks or trade-names of Shining Compass in Canada and other jurisdictions. Shining Compass may also be the owner in Canada as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Except as may be provided herein, nothing in these Terms and Conditions or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Shining Compass. The names of other companies, products and services referred to on this Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of Shining Compass or of third parties is strictly prohibited.
All information, content and materials, including, without limitation, any video and sound recordings, text, organization, logos, brand elements, graphics, design, and other matters related to the Website or Services (collectively, the “Content”) are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws and are the property of Shining Compass and/or its licensors. The Content is provided to you AS IS, without any representation or warranty, whether express or implied. The copying, reproduction, use, modification or publication by you of any such Content or any part of the Content related to the Website and/or Services is strictly prohibited, without our express written permission. Other product and company names mentioned herein, including the names of any other parties, may be the trademark of their respective owners.
The materials provided on this Website and/or thorough our Services, including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Shining Compass products, services and materials remains with Shining Compass and any unauthorized use of such is strictly prohibited. Shining Compass reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law. Except as explicitly required under applicable copyright laws and treaties or permitted by the features of the Website, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party access to the content of the Website, without the express permission of Shining Compass and the owner of such content.
It is a violation of applicable law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Website or Services is illegal and may be prosecuted to the fullest extent under applicable laws should we choose to do so; including, but not limited to, claims for damages and/or injunctive relief.
LIMITED LICENSE
Any and all materials , paid or free, that you access on this or any related domains or mobile applications that contain the various types of Services are under the sole ownership or licensed use of Shining Compass. You are not permitted to reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Website(s), Service(s), program(s), product(s), service materials, or related communications in any form or medium whatsoever.
Subject to your compliance with these Terms and Conditions, and your payment of any fees owed under Shining Compass agreements/contracts, Shining Compass grants you a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Services which you have paid for or opted to receive (the “License”). The Services are licensed to you and not sold. The License does not grant any ownership or security rights or title in any intellectual property right (including any moral rights) related to the Website or Services. If you exceed the scope of this License, as determined by a legal authority of competent jurisdiction, or have committed infringement of any intellectual property or trademarks rights of Shining Compass, Shining Compass shall have the right to seek damages and/or a injunctive relief.
Subject to your compliance with these Terms and Conditions, and your payment of any fees owed under Shining Compass agreements/contracts, you may:
● Access the Services for your personal use (if additional members of your team require access to the Services, you must purchase additional Services at one per each team member).
● Download and/or print any Services materials for your personal, non-commercial use in your business (if additional members of your team require access to the download and/or print materials from the Services, you must purchase additional Services at one per each team member).
For further clarity, you shall not, at any time:
● Re-sell or trade your access to the Services.
● Share the Services with anyone else who has not yet purchased it or opted in to receive it.
● Reprint or republish any of the Services, in part or in whole.
● Distribute any of the materials contained in the Services or related materials and/or communications as your own.
● Reproduce and tweak any part or whole of the Services for distribution as your own work.
● Claim ownership or use over any of Shining Compass’ intellectual property without our express prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Services (and its related communications and materials).
● Use the Services or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If you wish to use, publish, or access any of our content, Services, or related materials, you must do so by requesting permission prior to commencing use of the same by emailing us at customerservice@shiningcompass.com . Shining Compass reserves the right to accept or deny such request in its sole and absolute discretion.
YOUR MATERIALS AND USER SUBMISSIONS CONTRIBUTIONS
Portions of this Website (and any social media accounts used by Shining Compass) may allow users to post and exchange information, reviews, feedback and opinions ("User Content"), but we do not screen, edit or review any User Content before they are posted or transmitted. Please note that posted or transmitted User Content do not necessarily reflect the views of Shining Compass, and we disclaim all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website and such social media platforms.
Shining Compass has the right, without provision of notice to:
Remove or refuse to post on the Website any User Content or other forms of communication for any or no reason in our sole discretion;
Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions;
At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions; and
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS SHINING COMPASS AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY SHINING COMPASS AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER SHINING COMPASS OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website (or the social medial platforms we may use) or its use, and do not and cannot undertake to review material that you or other users submit to the Website or social media platforms. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Shining Compass does not represent or guarantee the truthfulness, accuracy, availability or reliability of User Content or Shining Compass content. You accept that any reliance on such material is at your own risk. By using the Website and/or Services or interacting with us on social media you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. You agree to use the Website and/or Services and related content only for their intended purpose. You must use the Website and/or Services and related content in compliance with all privacy, data protection, intellectual property, and other applicable laws.
None of the User Content you submit to the Website will be subject to any confidentiality by Shining Compass. By providing any User Content to the Website, Services or social media platforms, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.
Any and all User Content must comply with all applicable federal, provincial, state local, municipal, and international laws, regulations, and terms of service. None of the User Content you submit will be subject to any confidentiality by Shining Compass. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user.
By submitting a comment, review, testimonials, photo, video, or other material(s) onto any of our website or platform , including but not limited to the Website, third-party access sites, such as our Facebook group(s), or online software or social platforms that we use to distribute our Services and related materials, you agree that we have a non-revocable, commercial, worldwide license to re-publish your submission in whole or in part unless you explicitly state that we may not do so with said submission.
The following content standards apply to any and all User Content a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Website, to other users or other persons and any and all interactive functions. Without limiting the foregoing, you warrant and agree that your use of the Website and any User Content shall not:
a) In any manner violate any applicable federal, provincial, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
b) In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Shining Compass’ sole discretion.
d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
e) Involve, provide, or contribute any false, inaccurate, or misleading information.
f) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that is in contravention of these Terms and Conditions or our Privacy Policy.
g) Impersonate or attempt to impersonate Shining Compass, a Shining Compass employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
h) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
i) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Shining Compass or users of the Website or expose them to liability.
j) Encourage another person to contravene the Terms and Conditions herein or our Privacy Policy.
k) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
l) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
m) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Shining Compass also retains the right to, in its sole discretion: (i) delete, erase or otherwise remove an interaction/post on Shining Compass social media accounts that contravene these Terms and Conditions and/or our Privacy Policy; and/or (ii) block or otherwise refuse access to Shining Compass social media accounts for users who breach these Terms and Condition and/or our Privacy Policy.
MODEL RELEASE
You must own the copyright to any image(s) you use by default or voluntarily on our Website, Services, platforms or related materials. You grant Shining Compass a worldwide commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile images you voluntarily provide in accessing the Services, or voluntarily upon our request.
SECURITY
It is your responsibility to secure your Credentials and passwords from theft or any other means of unauthorized use that would violate these Terms and Conditions. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe and PayPal. By utilizing these payment processors to gain access to the Services, you indemnify and hold Shining Compass harmless from any damages, claims, losses or otherwise that may arise from such use and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use and privacy policies.
CONFIDENTIALITY
Except as may be expressly provided herein and/or under applicable law, regulations, codes or standards, your use of the Website and/or Services provides you with no right to confidentiality.
ASSUMPTION OF RISK
By accessing the Website and Services and/or related materials, whether paid or unpaid, you assume all risk of your access and any subsequent actions you choose to undertake as a result of the influence, information, or educational materials provided to you on or through the Website or Services.
YOUR COMMUNICATIONS
Any communications made through our Website, Services, blog, blog comments, newsletter sign up, social media or other related pages/site, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties in accordance with the terms herein, our Privacy Policy, and any applicable third-party terms and policies. We own any and all communications displayed on our Website, Services, servers, comments, emails, or other media as allowed by applicable law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data or personal information provided by you in those communications, please refer to our Privacy Policy.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal, violates applicable laws, regulations, codes or standards, or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our Website, Services and related materials are provided for educational, entertainment and informational use only. You agree to indemnify and hold harmless Shining Compass for any direct or indirect loss or conduct incurred as a result of your use of the Website, Services, and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While Shining Compass may reference certain results, outcomes or situations on this Website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this Website or Services. If you have medical, legal, or financial questions, you should consult a medical professional, lawyer, or accountant respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this Website, Services related materials, products, courses, or the materials contained herein.
This Website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we expressly do not guarantee that any materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this Website or Services is at your own risk.
EARNINGS DISCLAIMER
You acknowledge, agree and understand that individual outcomes from use of the Website and Services will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches the Website and Services with different backgrounds, motivation, and other factors that are outside of Shining Compass’ control. Therefore, we expressly do not guarantee any success from the use, access or purchase of the Services or related material(s).
GENERAL DISCLAIMER
TO THE FULLEST EXTENT POSSIBLE BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SHINING COMPASS, IT’S PARENT, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "RELEASED PARTIES") EXPRESSLY DISCLAIM ALL CONDITIONS, GUARANTEES, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY OR THROUGH THE WEBSITE AND/OR SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, SAFETY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS;
(B) RELEASED PARTIES MAKE NO WARRANTY OR CONDITIONS REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE WEBSITE OR SERVICES OR THAT SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT: (I) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (III) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (IV) ANY ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED; AND,
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR OTHERWISE ACCESS CONTENT.
(D) WE HAVE NO CONTROL OVER THE CONDUCT OF OUR USERS OR THE TRUTH OR ACCURACY OF THE INFORMATION THAT THEY SHARE. WE CANNOT GUARANTEE THE TRUE IDENTITY OF ANY INDIVIDUAL. YOU ARE RESPONSIBLE FOR DETERMINING THE IDENTITY AND SUITABILITY OF ANY PERSON OR ENTITY YOU MAY CONTACT. USE OF THE WEBSITE AND SERVICES ARE AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, HARM, DEATH OR PROPERTY DAMAGE, ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR SERVICES.
THIRD PARTY DISCLAIMER
You acknowledge, confirm and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user of the Website, Services or otherwise, including you.
NO RELIANCE
The content on our Website and Services (including any blogs or social media postings/interactions) are provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website or Services.
Although we make reasonable efforts to update the information on our Website and Services, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website or Services (including any blogs or social media postings/interactions) is accurate, complete, or up to date. Your use of the Website and Services is at your own risk and neither Shining Compass nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website or Services.
This Website and Services (including any blogs or social media postings/interactions) may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Shining Compass, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Shining Compass. Neither Shining Compass nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
LIMITATION OF LIABILITY
Shining Compass and its owners, subsidiaries, and affiliates, and their officers, directors, shareholders, employees, agents, contractors, service providers, partners, suppliers and licensors are not liable for anything that happens to you that may be connected to your use of the Website and/or Services. You may be responsible for our legal fees and costs arising out of your use of the Website and/or Services or any breach by you of these Terms and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO USE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHINING COMPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY; (iv) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM SHINING COMPASS SHALL CREATE ANY WARRANTY OR CONDITION.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
TO THE FULLEST EXTENT POSSIBLE BY LAW, SHINING COMPASS OWNERS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, PARTNERS, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERVICES OR USER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) WILL NOT EXCEED LESSER OF $100.00 (CAD) OR THE VALUE OF SERVICES ACTUALLY PAID IN LAST SIXTY DAYS FOR SERVICES BY YOU RELATING TO THE CLAIM.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Shining Compass and its owners, subsidiaries, affiliates and their respective, directors, officers, shareholders, employees, affiliates, partners, contractors, agents, suppliers and licensors from and against any claims, liabilities, damages, losses, actions, or demands from you or any third party, including without limitation reasonable legal and professional fees, alleging or resulting from (i) your use of the Website and/or Services, (ii) your use of or reliance on any third party or Shining Compass content, (iii) any User Content you distribute on or through the Website or Services or social media or which is sent to us by e-mail or other correspondence; or (iv) your breach of these Terms and Conditions, applicable laws, rules, regulations or rights of any third-party. Notwithstanding the foregoing, Shining Compass retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
SERVICE LIMITATIONS
We can change or cancel the Services at any time. We are not liable for the actions of our users when they use Services. If we change or cancel Services at any time we are not liable for how this may affect you. We do not guarantee the quality or accuracy or availability of any content you view using Services or related content or other websites. We may change, cancel, suspend, or discontinue any aspect of Services at any time, including hours of operation or availability of Services or any feature, without notice or liability.
EARNINGS DISCLAIMER FOR BLOGS
Shining Compass expressly make(s) no claims nor guarantee of any kind regarding the potential income or financial gain that can be generated through our communications or your participation in the purchase of any of our Services or products or participation in any of our programs or workshops. Past results are not an indication or promise of your results.
TERMINATION
Should you violate these Terms and Conditions, as determined in the sole discretion of Shining Compass, we reserve the right to refuse to provide access to the Website and/or Services to you in the future for any lawful reason. Further, we may pursue any and all available legal remedies, in law and in equity, including claims for damages and/or injunctive relief.
FINANCIAL CONSIDERATIONS
All purchases or transactions for the sale of Services made using the Website are subject to the terms and conditions of sale, found on the applicable contract for Services, which are also incorporated into these Terms and Conditions. Additional terms and conditions may be applicable to parts or features of the Website and are hereby incorporated by reference into these Terms and Conditions. All fees and payments are non-refundable except as agreed in writing in accordance with our Refund Policy posted and reproduced below for ready reference :
REFUND POLICY
We invest great effort and organization into providing coaching products and services. Due to the nature of such coaching products and services, refunds and credits are not provided in the event of a cancellation or failure to attend.
When you (“Client”, “you”) purchase services and/or products from our website: http://www.shiningcompass.com (the “Website”) (collectively, the “Service(s)”) from Nanooka Innovation Inc. o/a Shining Compass (“Shining Compass”), the following terms and conditions apply regarding refunds and cancellations:
Purchased services are Non-Transferable
All types of Services and products are non-transferable and may not be transferred to another person or organization. Further, payment and/or credit for fees paid for Services may not be transferred and shall only apply to the specific Services purchased.
One on One Coaching Services to Individuals or Organizations:
Services designated on the Website as “one-on-one” between you and Shining Compass (whether to an individual or organization/company) are non-refundable. If you cancel such Services, or otherwise fail to attend a scheduled Service(s), Shining Compass shall not offer any refund or credit for such Service(s). You acknowledged, confirm and agree that you shall remain obligated to pay for the Services if you cancel or fail to attend Service(s).
Notwithstanding the foregoing, upon the purchase of Services, a Client may reschedule an appointment within the first 48 hours of such purchase. If you desire to reschedule Service(s) outside of the 48-hour rescheduling time period, you shall notify Shining Compass as soon as reasonably possible, however, Shining Compass shall be not be under any obligation to accommodate any rescheduling request outside of the rescheduling time period. No refund or credit shall be issued if a rescheduling request outside of the 48-hour rescheduling time period cannot be accommodated by Shining Compass, in their sole and absolute discretion.
If Shining Compass cancels such Services, Shining Compass shall reschedule the Services for a time mutually agreeable between Shining Compass and the Client.
Group Workshops / Living your Design Workshops / all types of Webinars
Services designated on the Website as “Group Workshops”, “Living your Design Workshops” or other similar workshops and webinars (whether you are an individual or organization/company) are non-refundable. If you cancel such Services, or otherwise fail to attend Service(s), Shining Compass shall not offer any refund or credit for such Service(s). You acknowledged, confirm and agree that you shall remain obligated to pay for the Services if you cancel or fail to attend Service(s).
If Shining Compass cancels such Services, a credit coupon to sign–up/register/attend another workshop/webinar of the same type will be offered to the Client, or, alternatively Shining Compass may issue a full refund for the cancelled Service(s).
Fees and payments are subject to any applicable sales, value-added, or other taxes. If you have provided Shining Compass with a payment method, you irrevocably authorize Shining Compass to process payments at any time using that payment method in accordance with your fee and payment obligations. Charges will occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.
YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL AMOUNTS OWING BY YOU, AND FOR PROVIDING US WITH VALID CREDIT CARD OR PAYMENT ACCOUNT INFORMATION DETAILS FOR PAYMENTS OF ALL SUCH AMOUNTS.
CHARGEBACKS
You acknowledge, confirm and agree that you shall not attempt to or otherwise cause to be carried out any chargebacks (or similar payment refunds) for Services purchased through our Website, save and except for as may be permitted by applicable laws and in any case, in good faith. Any payment disputes shall be resolved in accordance with our Refund Policy found above.
RECURRING PAYMENTS
If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third-party financial processing company referenced in these Terms and Conditions until such payment plan is complete, as set forth in your acceptance of the applicable purchase terms.
REVOCATION OF ACCESS
You have the unilateral right to terminate your use and access to any of our Services. Please send an email to customerservice@shiningcompass.com to initiate this process. Termination will not serve to terminate, waive or otherwise release you from your payment obligations. Upon termination of Services, any and all outstanding fees and other amounts shall become immediately due and payable. Shining Compass shall be entitled to use any legal remedy available to collect any outstanding fees that remain due and payable after 14 days from the date of termination. You shall reimburse Shining Compass for all costs incurred in collecting any late payments, including, without limitation, legal fees.
ELECTRONIC COMMUNICATIONS
You consent to Shining Compass communicating with you by e-mail or web or internet posting and you consent to receiving e-mails and other electronic communications from Shining Compass to communicate with you about the Website and/or Services. By using Services or providing any personal information to Shining Compass, you agree and consent that Shining Compass may communicate with you electronically regarding your use of Services including promoting or making you aware of Shining Compass offerings, new services and products. To withdraw your consent to receiving electronic communications from Shining Compass you may e-mail us at: privacy@Shiningcompass.com or follow the instructions in the e-mail received or in our Privacy Policy.
LINKS
Our Website and Services may contain materials and/or links to third-party websites or resources. You acknowledge and agree that Shining Compass is not responsible or liable, without limitation, for: (a) the availability or accuracy of such websites or resources; (b) the content, products or services on or available for such websites or resources. You understand and agree that Shining Compass does not review, endorse, approve or control the content, products or services on or available from third-party websites or resources, and is not responsible or liable for the behaviour, availability or features or content or any third-party website or resource or for any losses or damages arising out of you interaction with any third party. Your use of these third-party websites and/or resources is at your own risk and subject to separate terms of use.
DISPUTE RESOLUTION
Any controversy, dispute, disagreement or claim arising out of, relating to or in connection with these Terms and Conditions, the Website or Services, shall be finally and conclusively resolved by arbitration under the Rules of the ADR Institute of Canada. The following provisions shall govern any arbitration hereunder:
The legal seat of arbitration shall be Toronto, Ontario, Canada.
There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by the respondent of the request for arbitration or in default thereof appointed by a judge of the Ontario Superior Court of Justice.
The language of the arbitration and award shall be English.
The parties shall equally share the fees of the arbitrator and the facility fees.
The parties shall each bear their own legal costs and expenses of the arbitration.
Any decision of the arbitrator shall be final and binding on the parties and their respective successors and assigns and there shall be no right to appeal such decision, whether on a question of law, a question of fact, or a mixed question of fact and law.
The entire arbitration process, including but not limited to the decision of the arbitrator, shall be confidential.
NON-DISPARAGEMENT
You understand and agree that you shall not, at any time, denigrate, through adverse or disparaging communication, written or oral, the reputation, services, quality, standards, operations or business of Shining Compass, its current or former employees, officers, directors, shareholders, agents or customers.
If you are found to be (at Shining Compass’ sole discretion) slandering, libeling, or otherwise disparaging Shining Compass, its current or former employees, officers, directors, shareholders, affiliates, agents or customers, the Website, Services, or related materials on Social or other platforms, you will be immediately removed from the Services and any related communications. We reserve the right to pursue all available legal remedies against you for such actions.
ENTIRE AGREEMENT
The Terms and Conditions and our Privacy Policy and any other document referenced and/or annexed hereto shall constitute the sole and entire agreement between you and Shining Compass regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
LAW AND JURISDICTION
The Website, Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
In the event that a court of competent jurisdiction determines Section is non-applicable, any action or proceeding arising out of or relating to the Website, Services and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, seated in Toronto, Ontario, Canada, and each party irrevocably attorns and submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
WAIVER
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
SEVERABILITY
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
CURRENCY
Unless otherwise stated, all references in these Terms and Conditions to dollar amounts, “dollars” or “$” are references to Canadian dollars.
LANGUAGE
These Terms and Conditions have been drawn up in the English language and any interpretation thereof shall be in English. We have provided third party translation through Google of our website content for information purpose only, Shining compass does not take any responsibility for accuracy on our website. All our services and all meetings and communication will be only in English.
AFFILIATES
Our website or services and products offered may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
CONSENT
By accessing or using our Website and/or Services, you hereby consent to these Terms and Conditions and Privacy Policy.
If you require any more information or have any questions about the Terms and Conditions, or Privacy Policy, please feel free to contact Shining Compass by email at privacy@shiningcompass.com
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions and Privacy Policy or any express written here, are reserved by Shining Compass.
CONTACT INFORMATION
Nanooka Innovation Inc. operating as Shining Compass located at Ontario, Canada
Email: privacy@shiningcompass.com