TERMS AND CONDITIONS
Our Policies and Requirements for Users: We value all visitors to our Site. As a result of this we have created these Terms and Conditions as the legally binding terms to govern your use of this Site. Please take time and read these Terms and Conditions carefully before using the Site, because they affect your legal rights and obligations. If you do not agree with any of these Terms and Conditions please do not use this Site. By using this Site you will be deemed to have agreed to these terms in their entirety.
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms and Conditions without notice at any time by updating this posting. You should visit this page regularly to review the current Terms and Conditions. Your continued use of the Site will be deemed as an acceptance of any changes. We also reserve the right to restrict, suspend, terminate or refuse your access to or use of the Site, in whole or in part, without notice, in our sole discretion.
The Podcaster’s Coach website is both a service directory and an online Course with three levels of membership: (1) Online video access; (2) videos, mentorship, and a podcast launch for our client’s first premier podcast episode (face to face interview for clients within a 100 kilometers radius from the City of Toronto or a phone interview for those outside the area); and (3) hands-on podcast creation on client’s behalf.
The materials and contents on this Site are protected by copyrights, trade secrets or other proprietary rights. Some of the characters, logos or other images on this Site are also protected as trade names and/or service marks owned by Podcaster’s Coach. We respect the intellectual property rights of others and asks users of this Site to do the same.
Your right to make use of this Site and any Material appearing on it is subject to your compliance with these Terms and Condition. Modification or use of the Material for any purpose not permitted by these Terms and Conditions may be a violation of the intellectual property rights of these Materials and is expressly prohibited. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by us in writing.
You must be at least 13 years of age to use this Site. By remaining on this Site, you are agreeing to these Terms and Conditions. You warrant and represent that you are at least 13 years of age.
This Site and all the materials, photographs, podcasts, videos, information, software, facilities, services and other content on it are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. To the fullest extent permissible by 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 functions contained in this Site will be available, uninterrupted or error-free. We do not warrant or make any representations regarding the use or the results of the use of the materials, photographs, podcasts, videos, information, software, facilities, services or other content in the Site or any websites, apps, or services linked to the Site in terms of their correctness, accuracy, reliability, or otherwise.
We make no warranties that your use of the materials, information, photographs, podcasts, videos, software, facilities, service or other content in the Site will not infringe the rights of others. The Site assumes no liability or responsibility for errors or omissions in such materials, photographs, podcasts, videos, information, software, facilities, service or other content of the Site. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Life Coaching/Podcaster Coaching: Separate terms and conditions excluded here. Client (aka Coachee) will receive a Coaching Agreement prior to first paid appointment. Full refund will be issued if Client does not approve Coaching Agreement. Coaching sessions will not commence unless Coaching Agreement is approved.
Startup Podcast Program: Podcaster’s Coach offers its users three packages to choose from. We also offer a mentoring and consulting program which includes a 30 minutes Skype consultation (where necessary) and email support. Clients must initiate access through a course lesson plan. As a support system, Podcasts will be featured on our network for one (1) year. We reserve the right, in our sole discretion to extend this duration. We may launch your Podcast and create opportunities for one LIVE interview by Podcaster’s Coach, at your place of business. You have the option to include an audience for your launch and stream the event live with the prior consent of Podcaster’s Coach.
We undertake to host free podcasts for our clients (only with the Platinum Plus Package). These podcasts will be hosted on a Speaker RSS feed for client’s individual podcasts and on a network RSS feed, The Business Podcast Network, which is owned by Podcaster’s Coach. Podcaster’s Coach reserves the right to automatically delete the client’s individual feed after six (6) month unless the client requests for a transfer or pays a nominal hosting fee. It is the responsibility of the client to handle all editing and uploading to podcast hosting services after this period has lapsed, unless previous arrangements have been made with the Podcaster’s Coach. The Business Podcast Network feed will remain in the custody of Podcaster’s Coach indefinitely, unless the Network is sold. In which case, the Podcaster will receive a 30 days’ notice of change of ownership prior to the completion of the sale. The client’s podcast will remain on the Network feed at the Client’s discretion with the authorization of the Podcaster’s Coach.
All clients enrolled in the Platinum Plus package, reserve the right to provide an mp3 audio recording for six (6) months (after the project is completed) to be uploaded and hosted by the Podcaster’s Coach, on behalf of the client. Editing services are available via a monthly subscription model. By providing your mp3 audio recording or using either the Gold or Platinum plus packages, you agree that podcast editing services is not inclusive, unless previously arranged.
Free service may be changed to paid service at the discretion of Podcaster’s Coach.
Forums: Podcaster’s Coach encourages members to participate in private online group meetings with other members via video conference calls and our online forum/group. By participating in these meetings, you agree that we are not responsible or liable for its contents. The online forum is intended as a support platform for podcasters. Unsupportive and malicious comments will be deleted. The Podcaster’s Coach reserves the right to remove any member from the forum at its sole discretion.
Limit of Use: You may use our website for only lawful purposes, you may not use our website in any way that:
Disclaimer: We disclaim all liability whether based in contract, tort (including negligence), strict liability or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the Site or any other website, app, or service or the materials, photographs, podcasts, videos, information, software, facilities, services or other content on the Site regardless of the basis upon which liability is claimed and even if any of the Podcaster’s Coach team has been advised of the possibility of such loss or damage. Without limitation, you (and not us) assumes the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage. If the applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by the applicable law.
Limitations on Liability: The materials, information and opinions included and/or expressed in or on, the forum sections on this Site are not necessarily shared by us. We do not undertake to monitor or review comments, and the content of comments are not our responsibility. However, we do moderate the comments and we may remove or modify any content without notice or liability at any time in our sole discretion. Any use of the forum section will be at your own risk and will be subject to the disclaimers and limitations on liability set out above.
This Site may link you to other sites on the Internet or any other application or service. The information and materials on these sites, apps, and services are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, apps, or services. The inclusion of such a link does not imply endorsement of any site, app, or service.
Intellectual Property Rights: We respect other people’s rights and expect the same from you. Copyright and other relevant intellectual property rights exist on all the contents (texts, materials, photographs, podcasts, videos, and information) of this Site. You will not take any action that infringes or violates the copyright or intellectual property rights of the Site. Prior written consent is required before any copyrighted or intellectual property rights content is reproduced, distributed, transmitted, and broadcasted. We can remove any content or information if we believe that it violates this Terms and Conditions. We reserve the right to terminate usage where there is a breach by you of any of our representations, warranties or obligations under this Terms and Conditions.
Refund Policy: After enrolling for the Podcast Startup Program, you have a period of Thirty (30) days after payment to withdraw from the course and request for a refund by filling out the ‘contact us’ form. Refunds will be credited via PayPal or to the credit card used for enrolling and may take between 2 – 7 business days to process. The Podcaster’s Coach has no obligation to issue any refund unless we believe a refund is warranted.
Severability: If any provision of this Terms and Conditions is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Dispute Resolution: If a dispute arises between you and Podcaster’s Coach, you agree to provide us with notice of the dispute via email by filling out the ‘contact us’ form. Upon receipt of the notice, the parties shall have a period of sixty (60) days to attempt to resolve the dispute informally before either may resort to other alternatives to resolve it.