Welcome to SALESTRAINERPLATFORM (THE “PLATFORM”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. Your use of the Platform is expressly conditioned on your acceptance without modification of the following Terms of Use (the “Terms of Use”).
Acceptance of Agreement
This is an agreement between you and salestrainerplatform and its employees, agents, affiliates and contractors (“salestrainerplatform”), regarding your access to and use of the Platform. These Terms of Use apply both to sales trainer members (“Members”) and end user customers (“Customers”, and together with Members, sometimes collectively referred to as “Users”) of the Platform who are granted access to the Platform by Members.
If you accept these Terms of Use, click on the “I Accept” button below. That action is the equivalent of your signature and indicates your acceptance of these Terms of Use and that you intend to be legally bound by them. If you do not agree with them, you will not be authorized to access to the Platform; please click on the “Back” button of your browser or click on the “Cancel” button below to exit the Platform.
Each time you use the Platform you signify your acceptance and agreement to be bound by the Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use. If you do not agree with each provision of the Terms of Use, you will not be authorized to access to the Platform.
Salestrainerplatform may, in its sole discretion, change these Terms of Use from time to time as it relates to future use of the Platform, by posting revised Terms of Use on the Platform. By using the Platform after these revised Terms of Use has been posted, you signify your acceptance and agreement to be bound by the revised Terms of Use. Users may not change the Terms of Use in any manner.
Use of Site
Members shall only the Platform and its content in the manner outlined on the Platform and in no other manner. Neither the Platform nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Salestrainerplatform or as permitted through the Members’ co-branded link to the Platform and except that Members may download, display and print certain training material available on the Platform as further outlined on the Platform. However, for greater certainty, Salestrainerplatform retains all right, title and interest in, to and in respect of such training material even once downloaded by the Member. Unauthorized use of the Platform and/or the content contained on the Platform may violate applicable copyright, trademark or other intellectual property laws or other laws. Users must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on the Platform. Users are not permitted to engage in any derivative use of the Platform or its contents; any downloading or copying of account information from the Platform for the benefit of another party other than a Customer who you have introduced to the Platform; or any use of data mining, robots, or similar data gathering and extraction tools on the Platform.
Users are prohibited from contributing, posting or transmitting to this Platform any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or any content consisting of or containing software viruses, malware, exploits or other malicious code, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Salestrainerplatform reserves the right (but not the obligation) to remove or edit such content.
In its sole discretion, in addition to any other rights or remedies available to Salestrainerplatform and without any liability whatsoever, whether in tort, contract or any other theory of law, equity or civil law, Salestrainerplatform at any time and without notice may terminate or restrict your access to all or any component of the Platform. Without in any way restricting the generality of the immediately preceding sentence and without limiting any rights in favour of Salestrainerplatform contained therein, Salestrainerplatform is committed to resolving disputes with Members in an amicable manner that meets the needs of all parties, provided that the Member uses and has used the Platform in good faith and provided also that the Member acts in good faith during any attempted resolution of any dispute between the Member and Salestrainerplatform.
Salestrainerplatform’s failure or delay to enforce any of the Terms of Use shall not operate as a waiver of any of its rights and privileges contained herein.
Ownership, Trademarks and Copyright
The Platform, its design, all text, graphics, videos, quizzes, learning paths and other content and the selection and arrangement of the Platform and its content are the property of Salestrainerplatform, and/or its subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on the Platform may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Salestrainerplatform or the applicable Third Parties. All software used on this site is the property of Salestrainerplatform or its software suppliers and protected by Canadian and international copyright laws. Subject to your compliance with these Terms of Use, Salestrainerplatform hereby grants you a non-exclusive, non-transferable and non-sublicensable limited license to access, view and use the Platform.
The name ‘Salestrainerplatform’ and all other related trademarks and design marks displayed on the Platform are registered and common law trademarks of Salestrainerplatform. Other trademarks and design marks appearing on the Platform are trademarks of their respective owners. Nothing contained on the Platform should be construed as granting, by implication or otherwise, any license or right to use any trademarks.
The Member shall include the preceding two paragraphs, or a clause of substantially similar effect, into any agreement between the Member and any Customer.
Member Content
Certain Members that are permitted by Salestrainerplatform to post their own content to the Platform (“Member Content”) automatically grant and represent and warrant that they have the right to grant, to Salestrainerplatform a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and commercialize any such Member Content throughout the world in any media, now known or later developed, in any way and for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, whether in tort, contract or any other theory of law, equity or civil law, and free from any obligation of confidence, and you waive any and all moral rights in the Member Content.
Username and Password
Your account on the Platform may be accessed only by use of your login name and password. Once you have paid any initial fees due and payable to Sales Trainer Plaform, Salestrainerplatform will provide you with a username and password, after which you may change your username and password provided it complies with any requirements for usernames and passwords on the Platform. Users are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Salestrainerplatform.
All login names and passwords remain the property of Salestrainerplatform, and may be cancelled or suspended at any time by Salestrainerplatform without any notice or liability to you or any other person. Salestrainerplatform is not under any obligation to verify the actual identity or authority of the user of any login name or password.
Users must immediately notify Salestrainerplatform of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Privacy
Users have read salestrainerplatform’s Privacy Policy, the terms of which appear on the salestrainerplatform website here: www.salestrainerplatform.com/privacy-policy and are incorporated into these Terms of Use, and you agree that the terms of that policy are reasonable. Users consent to the collection, use and disclosure of your personal information by salestrainerplatform in accordance with the terms of and for the purposes set out in salestrainerplatform’s Privacy Policy.
Liability disclaimer – READ THE FOLLOWING CAREFULLY
salestrainerplatform makes no representations or warranties of any kind, express or implied, regarding the Platform and/or any content or services provided on the Platform, all of which are provided on an “as is” and “as available” basis. The Platform is hosted by a third party. salestrainerplatform does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Platform, or any of the content or data found on the Platform, and expressly disclaim all warranties and conditions in respect of the Platform, its content or data, and any services offered on the Platform, including those arising by statute or otherwise in law. salestrainerplatform likewise does not warrant or make any representations or guarantees that Members will earn money using the Platform or any content provided through the Platform.
salestrainerplatform is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
salestrainerplatform assumes no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Platform or your downloading of any materials, data, text, images, video or audio from the Platform.
Maximum Liability
If salestrainerplatform should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Platform or its content, or any of the services offered on the Platform, the liability of salestrainerplatform will in no event exceed in the aggregate $100 CAD.
In no event will salestrainerplatform be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Platform or its content, the operation of this website or any failure or delay in the operation of this website even if advised of the possibility of damages.
Indemnification
Users will indemnify and save harmless salestrainerplatform and its respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Platform, your Submissions (as defined below), or if you cause, suffer or permit our computer equipment or other property, or the computer equipment or other property of any third party through which the Platform is provided, to be infected with any virus, ransomware or any other adverse code.
Survival
The provisions above that follow the heading “Liability Disclaimer” will survive the termination of your access to the Platform.
Feedback
salestrainerplatform welcomes your feedback and comments regarding the Platform. By submitting or providing us with comments, messages, suggestions, ideas, concepts, feedback or other information about the Platform, salestrainerplatform and/or its operations (the “Submissions”), you hereby: (i) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other party; (ii) represent and warrant that none of the Submissions breach any agreement to which you are a party; and (iii) grant salestrainerplatform an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and commercialize the Submissions in any way and for any purpose whatsoever. Users also waive in favour of salestrainerplatform and its successors and assigns any and all of your moral rights in and to all Submissions. Furthermore, you agree that salestrainerplatform is not responsible for the confidentiality of any Submissions.
Governing Laws, Jurisdiction
Users consent and submit to the exclusive jurisdiction of the courts located in the City of Hamilton in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Platform and these Terms of Use. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province.
Electronic Communications
When you visit the Platform or send e-mails to us, you are communicating with us electronically. Users consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Platform. Users agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Severability
These Terms of Use will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use.
Headings
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
Entire Agreement
These Terms of Use, together with those incorporated or referred to in these Terms of Use, and together with, if applicable, any membership agreement between a Member and salestrainerplatform and any agreement between any Member and any Customer, as the case may be, constitute the entire agreement between us pertaining to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by salestrainerplatform as set out above. There are no representations, warranties or other agreements between us express or implied, in connection with the subject matter of these Terms of Use, except as specifically set out in these Terms of Use or in those incorporated or referred to in these Terms of Use. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use or in those incorporated or referred to in these Terms of Use.
Enquiries
Please direct enquiries to Salestrainerplatform’s registered business address at:
290 Barton Street West, Unit 13, Hamilton, Ontario, Canada L8R 3P3
E-Contract Confirmation and Print Request
The agreement between you and the Company for the use of the digital customs solution and related services has been successfully completed. Please print a copy of the terms of the agreement for your reference.