terms of service

Updated: June 13, 2023

Welcome to Naheyawin Creative Incorporated's ("Naheyawin", "we", "us", or "our") Terms of Service ("Terms"). Naheyawin is a consultancy working in equity, diversity, and inclusion. We provide online training courses and consulting services, helping organizations understand Indigenous worldviews, history, and contemporary issues to inform their policies, practices, marketing, and messaging relating to Indigenous relations and their broader equity, diversity, and inclusion goals. Your access and use of our services are governed by these Terms.

1. Acceptance of Terms
By accessing and using our services, you agree to be bound by all Terms contained and/or referenced herein. If you do not agree with these Terms, do not use our services.

2. Privacy Policy
Our Privacy Policy is an integral part of these Terms, and your agreement to the Terms also signifies your agreement to our Privacy Policy, which can be found here: https://naheyawin.ca/pages/privacy-policy

3. Intellectual Property Rights
All intellectual property rights in our online materials, training courses, and consulting services are owned by Naheyawin and/or our licensors. By using our services, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our services solely for personal, non-commercial purposes.

4. User Representations and Warranties
By using our services, you represent and warrant that:

  • You are at least 18 years old and possess the legal authority to enter into these Terms on behalf of yourself or the entity you represent.
  • You own all rights in any content provided by you or have the necessary licenses and permissions to legally use, publish, transfer, or license such content.
  • Your content is non-infringing upon any third-party rights and not unlawful.
  • You have all required consents and permissions, in accordance with applicable laws, for any personal information or images included in your content.
  • You understand that Naheyawin does not provide legal advice or endorse any recommendations with respect to laws or compliance requirements.

5. Registration, Payment, and Access
To access our online courses, customers must first register and pay the course fees. An invoice will be sent for our consulting services, requiring a 50% deposit of all fees before the commencement of the services and the remaining 50% of final fees upon completion of the services.

6. Refunds, Cancellations, and Termination
We offer a 30-day satisfaction guarantee for our online course sales. Contact us within 30 days of purchase for a full refund. The refund policy for our consulting services will be determined on a case-by-case basis, taking into account the nature of the services, legal, or contractual obligations. In our sole discretion, we may terminate your access to our services at any time. Upon termination, you must immediately cease using our services.

7. Governing Law and Jurisdiction
These Terms are governed by and construed by the laws of the Province of Alberta, Canada. Any disputes arising from or relating to these Terms or your use of our services shall be resolved in a court of competent jurisdiction within Alberta.

8. Dispute Resolution
Before resorting to litigation, you agree to first discuss any dispute with us informally, and if no resolution is reached, you consent to undergo mediation or alternative dispute resolution with your preference between the two options.

9. Disclaimer and Limitation of Liability
Our services are provided on an "as is" and "as available" basis, without warranties of any kind. We disclaim all liability arising from or relating to your use of or inability to use our services, to the maximum extent permitted by law.

10. Links to Third-Party Sites and Services
Our online courses may be hosted on a third-party platform. By using the courses, you acknowledge and agree to comply with the hosting platform's terms and privacy policy. If you encounter any technology-related issues, please contact the hosting platform directly.

11. Changes to Terms
We may update the Terms from time to time. You will be notified of any updates either through our website or via email. By continuing to use our services after the effective date of the updated Terms, you are agreeing to the new Terms.

12. Contact Us
For any inquiries, questions, or concerns about our services, these Terms, or any other matters, please contact Naheyawin.