Shift Your Thinking

TERMS + CONDITIONS

Welcome to our SYT Community.

If you continue to browse and use this Support Library you are implicitly agreeing to comply with and be bound by the following Terms and Conditions of use (T&C), which govern Shift Your Thinking relationship with you in relation to this website.


This content and community is owned and operated by Shift Your Thinking (“Company”, “we”, or “us”) whose registered office is 7 Warrender Ave, Etobicoke Ontario Canada. Our Canadian company is registered. The term “you” refers to the user or viewer of our website.


The use of this website is subject to the following terms of use:


Content Use and Consent

By using the content , you agree to these Terms and Conditions (“T&C”) and to act in accordance with them, our Privacy Policy, and any other terms and conditions that may apply to our marketing of the Support Library (SL), or to our other products and services available through our website (“Site”) or from us. Accessing the SL or Site, in any manner, whether automated or otherwise, constitutes use of the Content and the Site and your agreement to be bound by these T&C. 

The content of the pages of this Site is for your general information and use only. It is subject to change without notice. Please read these T&C carefully. We reserve the right to change these T&C from time to time, and by using the Support Library you are agreeing to the T&C as they appear, whether or not you have read them. If at any time you do not agree with these terms, please do not use the Support Library.


This Support Library is intended solely for users who are nineteen (19) years of age or older. Any registration by, use of or access to the SL or Site by anyone under 19 is unauthorized, unlicensed and in violation of these T&C. By accessing or using this SL or our Site, you represent and warrant that you are 19 years or older and that you agree to and to abide by all of our T&C.

We try to ensure that SL availability is uninterrupted and that our Site, private Facebook group page, e-mail communications, and content, videos and/or audio recordings will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services, although, of course, we will try to limit the frequency and duration of any suspension or restriction.  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. 


Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research and technology is constantly evolving, we cannot be held responsible for the accuracy of our content, including our references to various applications (“Apps”). You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.  


Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in the SL, or in any of our programs, services, courses, classes, or materials. We assume no responsibility for errors or omissions on the SL or in documents referenced by or linked to the SL.


Security

We take every precaution to protect our users’ information. When users submit sensitive information via the SL, all information is protected both online and offline. 

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk. 

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Intellectual Property Rights

Our Limited License to You. This SL and all the materials available through it are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. 

This Site content is solely owned by or licensed to us, unless otherwise indicated. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these T&C.


All theories, strategies, approaches, and materials are the intellectual property of us and are valuable and special assets created with a significant investment of time, money, and expertise, and shall be treated as such under our full rights as provided by law.


If you purchase or access any materials through this SL, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. 

Any trademarks, taglines, and logos displayed on the SL materials are trademarks belonging to us. All trademarks reproduced in this Site, which are not the property of, or licensed to us, are acknowledged on the Site. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein. 


For those trademarks, taglines, and logos for which you are granted permission to use, the trademark incidia must be included at all times. Any preview call titles, SL titles, program material titles, or any other title or information of ours bearing the trademark (™) symbol may not be used by you for any reason without our express written permission.


You may not use the SL or the materials available on or through the SL or this Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. 

Information You Are Prohibited from Sharing with Others.  You, as a Licensee, you understand and acknowledge that the information obtained on or through this SL has been developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.  

You are expressly forbidden from and may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, share or distribute in any manner or medium (including by email or other electronic means) the Program materials, including any videos, audio recordings, manual, or other materials with any other person unless expressly stated in these T&C.  We reserve the right to seek legal remedies if we learn that SL materials have been shared in an unauthorized manner.

When you use the SL, you expressly agree that you will not steal our content or share it with any other person without our express written permission.  Duplication, sharing, or uploading any information obtained in our course files with others, or downloading or sharing information in any way and sharing it with anyone contrary to the limited license we have provided to you is considered stealing and theft, and we will prosecute theft to the full extent of the law. 

Unauthorised use of this Site may give to a claim for damages and/or be a criminal offence. Unless otherwise explicitly authorized in these T&C, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) for commercial use, or for use in any way that earns you money any material purchased through this SL or obtained on or through the Site, including through this Site page, private Facebook group page/social media, audio or video recording, or teleseminar call. 

You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you.

Information You May Use for Your Own Personal Use Only. You are permitted to download and/or print e-mail correspondence, Reflective Questions/Action Sheets/.PDF documents, Manual, Site pages, and/or any other materials related to this Program for your own personal use, provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Site page from which the information was obtained.  

Information You Are Permitted to Share.  You are expressly permitted to share with others: (1) the list of applications (“Apps”) provided through the Program, provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Site page from which the information was obtained. You may share the link to our SL page so that others may sign up to access the content themselves.

By downloading, printing, or otherwise using any material from this SL for any use you in no way assume any ownership rights of that material.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Copyright Notice. This website and content on this website is copyrighted by Shift Your Thinking.  All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited by our copyright rights other than the following:


• You may print or download to a local hard disk extracts for your personal and non-commercial use only.


• You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

No Endorsements.  Any recommendations, suggestions, or examples provided that refer to Apps or other products or services in the SL do not in any way constitute our endorsement of any such App, product or service.  All Apps, products or services are to be used at your own risk and discretion.

Links to External Websites.  From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.  External links do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your License to Us. By posting or submitting any material (including, without limitation, comments, surveys, blog entries, posts, photos and videos) to us via the SL, Site, or private Facebook group page, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen (13) years of age or older. 

In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, your right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. 

Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time, for any reason whatsoever. 

Disclaimer

As a Licensee, you agree that you are using your own judgment in using the information provided on and through this SL, which is done at your own risk. You also agree to our full Disclaimer.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website and SL meet your specific requirements. You assume responsibility for your use or non-use of any of the information in this SL, and you acknowledge that you are using it, or not using it, at your own risk.  


The content obtained on or through this SL may apply to licensed professionals and/or individuals with non-medical training. We explicitly state that the information provided to you is not diagnosing or treating a physical or mental health problem or disease, or prescribing medication, or other treatment in any way whatsoever.  We are not, nor are we holding ourselves out as, a doctor, medical health practitioner, psychologist, financial consultant, or spiritual counselor, and we make no claims in this regard. 

Nothing contained in the SL or on our Site is intended to be a substitute for the medical diagnosis or treatment that can be provided by a physician, occupational therapist, mental health provider, and/or another qualified health care professional. 

Because of the instruction and consultation model of our SL, we do not make any representations or guarantees as to the acquisition or improvement in the level of skill, development or follow-through as a result of participation in this Program, either for yourself, your child, your clients or for other professionals with whom you interact.  

We do not make any representations as to the future income, expenses, sales volume or potential profitability that may be derived as a result of your participation in this Program. 

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SL AND BY US AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR PROGRAM OR SITE FOR ANY PURPOSE. 

To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the program or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

We do not warrant or make any representations regarding the use or the results of the use of the SL materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

You agree at all times to defend, indemnify and hold harmless the Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth in these T&C.

We accept no liability for any of the views, facts, opinions, or references in the SL whatsoever. Information posted on this Site related to this SL or otherwise, or linked to a third party website, may express a perspective which may or may not necessarily reflect our views. 

Limitation of Liability


UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS OR THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PROGRAM OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SL AND THE SITE.

WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED AS A RESULT OF YOUR PARTICIPATION IN THIS SL. 

You acknowledge and agree that because of the instruction and consultation model of our SL no representation or guarantee has been made by the Company as to the acquisition or improvement in the level of skill, development or follow-through as a result of participation in this SL, either for yourself, your child, your clients or for other professionals with whom you interact.

You acknowledge and agree that no representation has been made by the Company or our affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in our programs or services.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this SL, including by your use or inability to use any information obtained on or through the SL, any websites linked to the SL, and any material posted on the Site, private Facebook group page, or in any other way through the SL by us or by others, including without limitation any liability for mental injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Your Conduct

You must not use our Site or private Facebook group page in any way that causes or is likely to cause the Site or private Facebook group page or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you. 

You must use the SL, Site, and private Facebook group page for lawful purposes only.  You must not use the SL, Site, and private Facebook group page for any of the following:

  • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity


  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam


  • To cause annoyance, inconvenience or needless anxiety


  • To impersonate any third party or otherwise mislead as to the origin of your content


  • To reproduce, duplicate, copy or resell any of our content in contravention with these T&C or any other agreement with us.


Online Commerce

When you purchase this SL/Program, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. 

You agree to be financially responsible for all purchases made by you. You agree to purchase and use the Program for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. 

You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your use of this Program.

You agree to only use this SL for yourself or for another person for whom you are legally permitted to do so. When making a purchase or signing up for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. 

Refund Policy

We offer a peace of mind guarantee. You can cancel your subscription at anytime if you are unhappy with the SL. 

All T&C set forth herein, and all copyright, trademark, and intellectual property rights remain indefinitely, even after the SL is cancelled.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Membership, Site, private Facebook group page, or any other method of communication related to the Membership at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the Membership, Site, private Facebook group page, or other communications affected by such cancellation or termination. The restrictions imposed on you with respect to material received for the Program, and all of the disclaimers and limitations of liabilities set forth in these T&C, shall survive.

If you have any questions, please contact us at hello@shiftyourthinkingld.com.

PRIVACY POLICY

This privacy policy sets out how Shift Your Thinking uses and protects any information that you give us when you use this website (“Site”) and Program. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Site, then you can be assured that it will only be used in accordance with this privacy statement.


We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes as you are bound by them implicitly through your use of our SL. This policy is effective from 12 November 2018.


Privacy Policy Consent

Use of the data that you provide to us, or which is collected by us on or through our SL is governed by this Privacy Policy.  By using our SL, you consent to this policy.

Submission, Storage and Sharing of Personal Data

What We Collect.  We may seek personal data including your name, e-mail address, and other contact information, namely when you sign up for the SL. By providing such information to us, you grant us permission to use and store such information.  We, in turn, will use our best efforts to keep such information safe and secure.  We may collect the following information: • name and job title • contact information including email address • demographic information such as postcode, preferences and interests • other information relevant to customer surveys and/or offers • information that you provide through your coaching notes if a client • medical information for relevant occupational therapy purposes

What We Do With the Information We Gather.  We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: • Internal record keeping. • We may use the information to improve our products and services. • We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided. • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. • We may use the information to customise the Site according to your interests.


Storage.  All information is stored through a data management system owned and operated by Memberspace and Squarespaces. This information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence.

Confidentiality. All information collected by us will be held in confidentiality and not disclosed to third parties, except that we may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; protect and defend our rights or property or those of our users; and act as immediately necessary in order to protect the personal safety of our users or the public.

Viewing by Third Parties. Note that whenever you make your personal information available for viewing by third parties online, such as on our Site or the private Facebook group page, the information you share also can be seen, collected and used by third parties, and therefore, we cannot be responsible for any unauthorized third party use of such information that you voluntarily share.

How We Use Cookies.  A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our Site in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better Site, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Program and Site.

Passwords

To use certain features of the SL, you may need a username and password, which you will receive through the registration process if required as provided by Memberspace. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. 

You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Site and the private Facebook group.

It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. 

By using our SL, you agree to enter true and accurate information as part of the Program registration or otherwise. If you enter a bogus email address, we have the right to immediately inactivate your account.

We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

Controlling Your Personal Information.

You may choose to restrict the collection or use of your personal information in the following ways:

  • Whenever you are asked to fill in a form on the Site, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.

  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at hello@shiftyourthinkingld.com.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to Shift Your Thinking 7 Warrender Ave Etobicoke Ontario, Canada M9B 5Z3 NB. You will be required to register under the Data Protection Act as you are collecting sensitive personal information, please check with the relevant authorities.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.


Governing Law


Your use of this website and any dispute arising out of such use of the Site is subject to the laws of Canada.

If you have any questions about these Terms & Conditions and Privacy Policy, please contact us at hello@shiftyourthinkingld.com