Terms and Conditions - LearnWorlds

This agreement applies as between you, the User of this Website and MRC - Maslow Research Center, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that MRC - Maslow Research Center makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the MRC - Maslow Research Center proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at [ADDRESS];
"System": means any online communications infrastructure that MRC - Maslow Research Center makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by MRC - Maslow Research Center Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (academy.maslowleadership.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means MRC - Maslow Research Center, a company incorporated in [COUNTRY] with Company registration Number [123456] , located at [Address].

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MRC - Maslow Research Center, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable [COUNTRY] and International intellectual property and other laws.
  • 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of MRC - Maslow Research Center or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site academy.maslowleadership.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at [email protected] or call us in the following number: your_number.

9. Use of Communications Facilities

  • 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
  • 9.1.1 You must not use obscene or vulgar language;
  • 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • 9.1.3 You must not submit Content that is intended to promote or incite violence;
  • 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
  • 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
  • 9.1.6 You must not impersonate other people, particularly employees and representatives of MRC - Maslow Research Center or Our affiliates; and
  • 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
  • 9.2 You acknowledge that MRC - Maslow Research Center reserves the right to monitor any and all communications made to Us or using Our System.
  • 9.3 You acknowledge that MRC - Maslow Research Center may retain copies of any and all communications made to Us or using Our System.
  • 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

  • 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
  • 10.1.1 all information you submit is accurate and truthful;
  • 10.1.2 you have permission to submit Payment Information where permission may be required; and
  • 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

  • 11.1 Either MRC - Maslow Research Center or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
  • 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability

  • 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from MRC - Maslow Research Center correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
  • 12.2 Where appropriate, you may be required to select the required Plan of Services.
  • 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
  • 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
  • 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

13. Orders and Provision of Services

  • 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between MRC - Maslow Research Center and you.
  • 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
  • 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
  • 13.2.3 Relevant times and dates for the provision of the Services;
  • 13.2.4 User credentials and relevant information for accessing those services.
  • 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
  • 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
  • 13.6 MRC - Maslow Research Center shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
  • Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
  • 13.8 MRC - Maslow Research Center provides technical support via our online support forum and/or phone. MRC - Maslow Research Center makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from MRC - Maslow Research Center. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at [email protected] or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
  • 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between MRC - Maslow Research Center and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: [email protected]. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
  • 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
  • 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
  • 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
  • 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy

Use of the Website is also governed by Our Privacy Policy (academy.maslowleadership.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

  • 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
  • 16.2 We may use your personal information to:
  • 16.2.1 Provide Our Services to you;
  • 16.2.2 Process your payment for the Services; and
  • 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
  • 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
  • 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

  • 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  • 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
  • 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

  • 19.1 The Website is provided “as is” and on an “as available” basis. MRC - Maslow Research Center uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

  • 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
  • 20.2 Nothing in these Terms and Conditions excludes or restricts .
  • 20.3 Nothing in these Terms and Conditions excludes or restricts MRC - Maslow Research Center's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
  • 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and MRC - Maslow Research Center.

24. Communications

  • 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and MRC - Maslow Research Center shall be governed by and construed in accordance with the Law of England and Wales and MRC - Maslow Research Center and you agree to submit to the exclusive jurisdiction of [COUNTRY].

Agreement - The Maslow Leadership

This Agreement (the “Agreement”) is between Maslow International Leadership Inc. (operating as the Maslow Leadership), called Maslow, and the Participant set out below. Please note that Maslow only works with organizations and requires invoicing for incorporation, sole proprietorship, or other legal entity.

Overview

Welcome to the Maslow Leadership, and congratulations on choosing to learn with us; we are excited to have you on board and look forward to you becoming Maslow Certified.
If you have any questions, comments, or concerns regarding this Agreement or the enrollment process, please reach out to your enrollment advisor or e-mail [email protected]

Terms and Conditions - The Maslow Leadership

These Terms and Conditions (the “Terms and Conditions”) form part of the Agreement between the Participant and Maslow International Leadership Inc.

1. Definitions

When used herein, the following terms have the following meanings:

a.Business Day” means any day except Saturdays, Sundays, or statutory holidays in British Columbia, Canada.

b.Cohort” means the group of participants who have agreed to attend the Program in concert with the Participant, commencing on the Start Date, and includes the Participant.

c.Maslow Certified” means completing the certification requirements for the Program, as set out in the Program Description applicable to the Program.

d.Fees” means the fees payable by the Participant (or the sponsoring organization) to the Maslow Leadership to attend the Program, plus applicable taxes.

e.Personal Information” means information directly or indirectly relating to an identified or identifiable individuals, such as the individual’s name, contact information, location data, or employee personal information.

f.Maslow Leadership” means Maslow International Leadership Inc. (operating as Maslow Leadership).

g.Module” means a specific program set out in the Program Description.

h.Participant” means the individual who has entered into the Agreement with the Maslow Leadership, as set out in the Program Overview.

i.Program” means the specific program to be provided by the Maslow Leadership to the Participant, for which the Participant has enrolled pursuant to this Agreement, the details of which are set out in the Program Description applicable to such Program.

j.Program Description” means the set of requirements, outcomes, methods, and details with respect to a specific program offered by the Maslow Leadership, as they are modified from time to time at the Maslow Leadership’s sole discretion.

k. “Sponsoring Organization” means the employer or other organization specified in the Agreement as the organization that has agreed to assist the Participant. 

l.Start Date” means the date that the specific Program commences.

m.Term” means the period commencing on the Effective Date and ending on the earlier date that the Participant has completed the Program and the date that this Agreement has been terminated pursuant to this Agreement. 

2. Enrolment

The Participant enrolls in the Program, and the Maslow Leadership accepts the Participant as a participant in the Program, subject to the terms of this Agreement.

3. Payment Terms

a. The Participant will pay all Fees on the registration.

b. The Participant may pay Fees via credit card, corporate cheque by the Sponsoring Organization, or direct transfer.

c. In the event the Participant has authorized the Sponsoring Organization to pay the Fees on behalf of the Participant, the Participant represents and warrants that such Sponsoring Organization’s representative has the authority to bind such organization, and such organization’s representative’s signature on an enrollment form shall constitute approval for the Maslow Leadership to invoice and/or charge the Sponsoring Organization’s authorized credit card for the Fees.

d. In the event Fees are not paid when due, unless alternative arrangements have been made, in writing, the Maslow Leadership may, at its sole discretion, terminate this Agreement, and the Participant will not be entitled to attend the Program.

e. A one-time $250 enrollment fee is required when registering for our programs for the first time. 

4. Refunds and Cancellation

1. The Participant may not withdraw from the Program except for the following:

a. If the Participant elects to withdraw from a Program, and the Participant notifies the Maslow Leadership, in writing (the “Withdrawal Notice”), at least 10 Business Days prior to the Start Date, the Maslow Leadership will refund the Fees paid by the Participant, less a $250 non-refundable administration fee (plus applicable taxes), which will be deemed fully earned.

b. The Maslow Leadership will issue a refund within 5 business days following the receipt of the Withdrawal Notice.

c.
 If the Participant elects to withdraw from a Program, and a Withdrawal Notice is not received at least 10 Business Days prior to the Start Date, the Fees will be deemed fully earned and will be non-refundable.

2. The Maslow Leadership may, at its discretion, cancel or reschedule the Program (each, a “Cancellation”) by providing a notice of cancellation at least 5 Business Days in advance of the Start Date (a “Cancellation Notice”). A Cancellation Notice will be in writing and may be issued electronically via e-mail. In the event of a Cancellation, the Maslow Leadership may offer alternative dates for the Program (a “Rescheduled Program”), which the Participant may, at the Participant’s discretion, accept or reject. In the event that the Participant accepts a Rescheduled Program, these Terms and Conditions shall govern such Rescheduled Program. In the event the Participant rejects the Rescheduled Program, the Participant may terminate this Agreement, in which case the Maslow Leadership will refund the Fees, in full, to the Recipient, as the Recipient’s sole remedy.

3. 
Except as set out in this Section 4, the Fees are non-refundable.

5. Changes

The Maslow Leadership reserves the right, in its sole discretion, to:

a. make variations to the content of the Program and the Program Description, including the addition or subtraction of lessons and Modules.

b.
 alter the approach to methods of delivery of the Program, such as the timetable, location, number of lessons, manner of delivery, and methods and timings of assessments;
and

c.
 discontinue, merge, or combine Modules (including the Program);

in the event that: (i) there are circumstances outside of the Maslow Leadership’s reasonable control that would reasonably impact the Program; (ii) the Maslow Leadership considers that such actions are reasonably necessary in order to appropriately manage its resources, pursue its policy of continuous improvement, comply with changes in law or comply with the instructions of any regulatory body or professional body; or (iii) the Program does not have sufficient enrollment to maintain an effective learning environment. 

6. Change Request, Emergency, and Illness

The Participant may request a change in Cohort for the same program, where extenuating circumstances prevent the Participant from attending the Program, in accordance with the following:

a. the Participant must request, in writing, at least 21 days prior to the Start Date, a change in Cohort (a “Change Request”); 

b.
 each Change Request must include details as to the extenuating circumstances that prevent the Participant from attending the Program as scheduled. 

c.
 Upon receipt of a Change Request, the Maslow Leadership will review such Change Request and may require additional information from the Participant.

d.
 All changes pursuant to a Change Request will be at the sole discretion of the Maslow Leadership; and 

e.
 in the event the Maslow Leadership accepts a Change Request, the Participant will pay the administration fee of $250 or any fee differences if they are changing or canceling a bundle offer.

f.
 If a participant experiences an emergency or becomes ill and is unable to attend a training session, they must notify their program’s Lead Trainer and Pod Lead immediately to inform them of their absence.

g.
 Participants who miss a synchronous session due to illness and drop below the 80% attendance requirement are expected to review the session recording, complete all related session materials, and complete a 1:1 meeting with their Pod Lead to make up for the missed session.

h.
 If an emergency or illness causes a participant to drop below 60% of synchronous participation, they may be eligible for a Change Request as outlined in 6.1, at the discretion of Maslow Leadership.

7. Program Completion and Program Details

In addition to the Program Description, the Maslow Leadership will conduct the Program in accordance with the following, all subject to change by the Maslow Leadership in its sole discretion: 

a. the Program will be conducted in a Cohort.

b.
 approximately 60% of the content will be delivered through live video conferencing unless stated otherwise for an in-person program or fully asynchronous.

c.
 all lessons and assignments will have completion and submission timelines; and 

d.
 if the Participant does not complete all assignments within the timelines specified, the Participant’s record will be marked as incomplete, and this may prevent the Participant from progressing to subsequent lessons, Modules, or Programs. Full details of the timelines are available in the Program outline provided by the Maslow Leadership, and

e.
 due to the nature of the Program, extensions are not permitted.

8.  Confidentiality and Intellectual Property

1. Confidentiality

For the purposes of this Agreement, “Confidential Information” means any information that is disclosed by the Maslow Leadership to the Participant, or by other participants in the Program to the Participant, or by other participants in the Program to the Participant, that a reasonable person would consider confidential in the circumstances.  Confidential Information includes, but is not limited to, the Maslow Leadership’s business information, trade secrets, and Personal Information of the Maslow Leadership’s employees, contractors, and customers (for clarity, including information the Participant learns about other participants in the course of attending the Program). Confidential Information does not include any information that is disclosed by the Maslow Leadership if that information: (a) is at the time of disclosure in the possession o, that a reasonable person would consider confidential in the circumstances.  Confidential Information includes, but is not limited to, the Maslow Leadership’s business information, trade secrets, and Personal Information of the Maslow Leadership’s employees, contractors, and customers (for clarity, including information the Participant learns about other participants in the course of attending the Program). Confidential Information does not include any information that is disclosed by the Maslow Leadership if that information: (a) is at the time of disclosure in the possession of the Participant and was obtained without an obligation of confidence; (b) is independently developed by the Participant without any use of or reference to the Confidential Information; (c) is or becomes publicly available without breach of any obligation of confidence, or (d) is intentionally released for disclosure by the Maslow Leadership or with the Maslow Leadership’s prior written consent. The Participant acknowledges and agrees that participation in the Program is a private and personal experience. While some collaboration and discussions are expected and required, the Participant agrees to respect the confidentiality of all other participants participating in the Maslow Leadership’s programs.

2. Ownership of Intellectual Property

All works and materials supplied by the Maslow Leadership or made available to the Participant in the provision of the Program, including the contents of any course materials and any intellectual property in the course materials or the Program, regardless of the format (collectively, “Works”) are and shall remain the sole and exclusive property of the Maslow Leadership. The Participant acknowledges and agrees that the Works may not be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the Maslow Leadership, except in the case of brief quotations embodied in critical reviews and certain other non-commercial uses permitted by copyright law. For greater certainty, but without limitation, the Participant shall not be granted any rights to license, sub-license, sell, assign, transfer, or grant the Works to any third parties without the prior express written consent of the Maslow Leadership. For permission requests, email [email protected]

9. Attendance and Participation

1. Attendance

The Participant must attend all of the sessions comprising the Program and/or complete the online tasks.

2. Participation

Subject to section 9.1, the Participant must participate in all live sessions, online discussions, assignments, mentor coaching sessions, and other lesson activities comprising the Program.

3. Completion of Program

To successfully complete the Program and (where applicable) become Maslow Certified, the Participant must:

a. Complete 100% of asynchronous components and attend at least 80% of the synchronous part of the Program.

b.
 Participate in all discussions, chats, triads, and other class activities.

c.
 Complete 100% of all assignments to the reasonable satisfaction of the Program instructor; and

d.
 Participate in or complete any other learning activities as assigned by the Program instructor. 

e.
 Maslow Leadership does not offer credit for partial completion of a course. Participants must complete the entire course, including receiving a passing evaluation on all assignments, to be eligible for course completion. Individuals with questions about this policy are encouraged to contact [email protected]

4. Termination

In the event the Participant does not attend and participate in the Program as set out in this Section 9, the Maslow Leadership may, at its discretion, exclude the Participant from further participation in the Program. 

10. Code of Ethics

The Participant will adhere to the ICF Code of Ethics and the Maslow Code of Conduct (the “Codes”), as they may be modified from time to time.  At the Participant’s request, the Maslow Leadership will provide a copy of the Codes to the Participant.

Here is an overview of Maslow’s Disability, Discrimination, Diversity, Equity, Inclusion and Social Justice statement policy:

  • Recruitment and hiring of all personnel is conducted without discrimination against any individual with regard to race, age, religion, color, creed, national origin, gender, sexual orientation, gender identity, marital status, disability, or veteran status.
  • All staff and personnel will not discriminate against any employee or participant because of race, age, religion, color, creed, national origin, gender, sexual orientation, gender identity, marital status, disability, or veteran status.
  • All individuals are welcome to participate regardless of race, age, religion, color, creed, national origin, gender, sexual orientation, gender identity, marital status, disability, or veteran status.
  • All employees, students, and other participants should be able to enjoy an environment free of discrimination and harassment. This includes, but is not limited to, discrimination or harassment in the areas of race, age, religion, color, creed, national origin, gender, sexual orientation, gender identity, marital status, disability, or veteran status. Our organization does not and will not tolerate conduct by any employee, student, volunteer, contractor, visitor, or vendor which unreasonably interferes with an individual’s ability to learn in a welcoming environment.
  • Participants who wish to report discrimination are encouraged to follow the grievance policy outlined in passage 11. Maslow Leadership will promptly investigate all claims and reports of inappropriate conduct.

11. Brand Usage

The Participant will not use any certification logos made available to the Participant, as part of the Program, or upon becoming Maslow Certified, except in accordance with the Maslow brand guidelines, as they are updated from time to time. Upon the request of the Participant, the Maslow Leadership will provide a copy of such brand guidelines. Without limiting the foregoing, upon becoming Maslow Certified, the Participant may, subject to the Maslow Leadership’s brand guidelines, use Maslow certification logos, but for clarity, the Participant will not use the Maslow Leadership’s name, brand, and other trademarks without the express consent of the Maslow Leadership, in its sole discretion. 

12. Term and Termination

1. This Agreement may be terminated by either party in the event the other party:

a. is in breach of its confidentiality obligations under this Agreement; or

b.
is in material breach of this Agreement and such breach has not been cured within ten (10) days of the provision of notice of such breach to the breaching party. 

2. The covenants contained in this Agreement under parts 3, 4, 8, 10, and this part shall survive the termination of this Agreement.

13. Complaint and Grievance Policy

A participant should first attempt to resolve the issue directly with the educator/trainer, staff, or participant with whom they have an issue. If participants are not comfortable approaching the individual, they can proceed to step 2.
  • Maslow Leadership seeks to ensure equitable treatment of every person and to attempt to solve any grievances in a timely and fair manner. Participants have the right to file a grievance regarding presentation or content, facility concerns, or instructor/faculty behavior. All grievances will be addressed to the best of our ability to prevent further problems. A process for filing grievances can be found below:
  • If participants are not comfortable approaching the individual with whom they have a grievance, or are unable to resolve the issue directly, participants should submit a written grievance to the program manager within (7) days. The program manager will review the issue and talk to the student within (7) days of receiving the complaint. The program manager will work with all parties involved to resolve the issue.
  • If a participant does not feel the issue is resolved, a written request for an appeal should be sent to [email protected] for review. This appeal should include the original complaint and reason(s) the participant is unsatisfied with the resolution attempt(s). Appeals are reviewed and a written response will be provided to the participant within (14) days. All appeal decisions are final.

14. Force Majeure

Neither party to this Agreement shall be liable for any failure to comply with its obligations under this Agreement if the failure to comply is caused by or results from conditions or causes beyond its reasonable control including, but not limited to: pandemic, shortage of water, power, facilities, materials, and supplies, breakdowns in or the loss of production, acts of God, war, terrorism, mobilization, strikes, lockouts, labour controversies, riots, fire, flood, explosion, governmental controls or regulations, embargoes, wrecks or delays in transportation, labour disputes, civil insurrection, civil or military authority, inability to obtain necessary labour, materials of manufacturing faculties due to such causes or delays of subcontractors or supplies of each party in furnishing materials or supplies due to one or more of the foregoing causes. In an event of a force majeure, each party shall be allowed a reasonable period of time to fulfill the obligations under this Agreement having regard to the applicable circumstances.

15. Limitation of Liability

The Maslow Leadership shall not be liable to the Participant for any incidental, special, indirect, consequential or punitive damages of any character, regardless of the legal theory asserted, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise.  Even if the Maslow Leadership has been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose, the Maslow Leadership’s aggregate and total liability under this Agreement for any and all claims arising out of this Agreement shall be limited to direct damages and shall not exceed amounts paid or due by the Participant to the Maslow Leadership under this Agreement in the year in which the claim arose.

16. Miscellaneous

a. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any previous understandings or agreements, written or otherwise, concerning this matter. It may be modified only by the written agreement of the parties.

b. Severability.
 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of the Agreement is invalid or unenforceable, but that by limiting such provisions, it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.

c. No Waiver.
 The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

d. Notice.
 Any notice, payment or other communication required or permitted to be given or served pursuant to this Agreement (including a Withdrawal Notice or a Cancellation Notice) shall be in writing and shall be delivered personally, forwarded by registered mail, or delivered via e-mail, to the party concerned as follows: 

To the Participant, at the address or e-mail address as specified on page one of this Agreement; or
To the Maslow Leadership, at the following address or e-mail address:
220 Brew St. Unit 301, Port Moody, British Columbia, V3H 0H6
[email protected]

Any notice, payment or other communication shall be deemed to have been given on the day delivered, if delivered by hand, within four Business Days following the date of posting, if mailed, or if delivered by e-mail, on the date that it is received; provided that if there shall be at the time or within four Business Days of mailing a mail strike, slow-down or other labour dispute that might affect delivery by mail, then the notice, payment or other communication shall be effective only when actually delivered.

e. No Strict Construction.  The language in all parts of this Agreement shall in all cases be construed as a whole and neither strictly for not strictly against any of the parties to this Agreement. 

f. Gender, Plural and Singular.
In this Agreement, unless the context otherwise requires, the masculine includes the feminine and the neuter genders and the plural includes the singular and vice versa, “or” is not exclusive and “including” is not limiting, whether or not such non-limiting language (such as “without limitation” or “but not limited to” is used with reference to it, and modifications to the provisions of this Agreement may be made accordingly as the context requires.

g. Assignment. 
This Agreement is personal to the Participant and may not be assigned without the written consent of the Maslow Leadership, in its sole discretion
h. Applicable Law. This Agreement shall be governed by the laws of the province of British Columbia, and the parties agree to attorn to the exclusive jurisdiction of the courts of British Columbia, Canada.

i. Counterparts.
  This Agreement may be signed by the parties in as many counterparts as may be necessary, each of which so signed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument.  This Agreement may be executed and delivered by facsimile or electronic mail.  An executed copy of this Agreement delivered by facsimile or electronic mail will constitute valid execution and delivery.