TERMS AND CONDITIONS OF PURCHASE
By accessing and using www.dginstitute.co, and/or purchasing any DGI Products, you agree to be bound by the Terms and Conditions set out below.
- “Company” means DG Institute Inc.
- “Customer” means the person(s) or company named on an order form, online order, email order, telephone order in respect of the purchase of a product and/or service of the Company.
- “DGI Products” means any products and/or services provided by the Company, including but not limited to the following:
- Business Turnaround Program;
- Business Turnaround Program Continuity;
- Business Immersive Coaching;
- AboutBiz powered by Equifax; and
- Business Turnaround Ultimate Program.
- “You” means a Customer or a user of the Website.
- “Website” means www.dginstitute.co
- These Terms and Conditions will constitute the agreement that regulates the sale by the Company and the purchase by the Customer of any DGI Products as identified on an order form, online order or over the telephone. The Customer acknowledges that it has read, understands and agrees to these terms and conditions.
- The sale price under the agreement stated on the order form, online order, email or over the telephone can be at the election of the Customer paid by lump sum or by installments as specified on the order form or over the telephone.
- The Company reserves the right to make changes to the DGI Products, including pricing, and to its policies and procedures at any time and without notification prior to the implementation.
- Service of notices process and documents by one party on the other shall be by email only at the respective email addresses stated on the order form or over the telephone.
- The DGI Products are for educational purposes and are not intended to provide investment, tax, accounting or legal advice. It is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
- You acknowledge and agree that Company does not offer or provide tax, legal or investment advice and that you are responsible for consulting tax, legal, or financial professionals before acting on any information provided herein.
- The Company’s programs are not intended as a promotion of any particular products or investments and neither company or any of its officers, directors, employees or representatives, in any way recommends or endorses any company, product, investment or opportunity which may be discussed herein.
- You accept full responsibility for profits and losses arising out of the use of any DGI Products or any third-party products and no recourse can be claimed against the Company for indemnity for losses and conversely the Company has no recourse against you for profits made.
- The Customer acknowledges that in the case that the DGI Product includes access to AboutBiz and/or Legal Repository subscriptions, such subscriptions will expire within 6 months from the date of purchase.
- You acknowledge that the strategies taught by the Company require you to implement them as an independent businessperson making their own investment decisions. The Company does not underwrite your investment decisions nor warrant that your investment choices or decisions are likely to be successful. The Company may, at your request, provide answers to your questions and provide general advice to you without specific recommendations but rather guidance as to your desired achievements and expectations.
- The Customer acknowledges that the strategies taught by the Company or its agents require the Customer to implement them as an independent businessperson making their own investment decisions. The Company does not underwrite the Customer’s investment decisions nor warrant that the Customer’s investment choices or decisions are likely to be successful. The Company will, at the request of the Customer, provide answers to the Customer’s questions and provide general advice to the Customer without specific recommendations but rather guidance as to the Customer’s desired achievements and expectations.
- The Customer agrees to pay the purchase price for the DGI Product to the Company by the due dates and accepts responsibility and liability for payment. The Customer acknowledges and agrees that any payment is not made by the due date, the provision of DGI Products may be cancelled by the Company in its discretion without notice and no refund or credit will be given.
- The Customer may apply to pay the purchase price by by instalments, which will be subject to acceptance by the Company and the following conditions:
- The Customer acknowledges that the full purchase price is payable and is a debt owing to the Company by the Customer.
- The Customer agrees to pay the installments to the Company punctually by the due dates and the Customer accepts responsibility and liability for payment of the full purchase price of the DGI Product.
- If any payments are not made by the due dates for any reason whatsoever, the provision of DGI Products may be suspended and/or cancelled by the Company within its sole discretion without notice and no refund will be given to the Customer.
- The Customer charges its legal and beneficial interest in any property, both present and future, in favour of the Company as security for any current and future indebtedness to the Company.
- If the Customer is a corporation, the signatory on behalf of the Customer hereby guarantees to the Company the performance by the Customer of all of its obligations and indemnifies the Company from and against all and any costs, claims, damages and expenses whatsoever, and howsoever, arising out of the breach or non-performance by the Customer.
- The Customer acknowledges that if default is made on any payment that remains outstanding for 60 calendar days or more, the Company can at its discretion list information about the default with a credit reporting agency and refer the Customer’s details to a debt collection agency to recover the outstanding balance.
- The Customer acknowledges and accepts liability for all legal costs on an indemnity basis and expenses incurred by the Company in connection with recovery of overdue accounts from the Customer.
By accepting these Terms and Conditions, the Customer authorises and consents to the Company sharing the Customer’s personal details with its affiliated companies if necessary, in order to engage services provided by its associated companies, other divisions of the business and to undertake a holistic approach to serve the Customer.
Intellectual Property and Restrictions on use
- You acknowledge that the intellectual property, copyright and trademarks relating to the content on the Website and the DGI Products are the sole and absolute property of the Company or its licensors, protected by United States and international copyright laws, treaties and conventions. You acknowledge that title to all such intellectual property, copyright and trademarks relating to the products and services remains with the Company or its licensors and are provided for your personal use only and copying them is prohibited.
- The content on the Website or any DGI Product may not be copied, reproduced, republished, posted, transmitted or distributed in any way, or sold, resold, otherwise used for any commercial purpose and publication of any such content on any other website, social media or computer environment is strictly prohibited.
- The license granted to you is limited and specifically excludes any rights to resell or make any commercial use of the Website or any content, download or copy account information for the benefit of anyone else, or use any form of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use automatically terminates the license granted to you hereunder.
Disclaimer of Warranties
- The Company does not warrant the completeness, timeliness or accuracy of any DGI Products or the information available on the Website.
- The data contained in some of the DGI Products is provided by other suppliers and therefore the Company does not control the accuracy or completeness of the information contained in such products.
- If a DGI Product includes products and/or services provided by Equifax, Law Depot and/or any other third-party supplier, that supplier is solely responsible for the accuracy and completeness of that product. Neither the Company, nor any of its directors, officers, agents, employees, suppliers, licensors, affiliated companies warrant the correctness, completeness, accuracy or any other aspect of any product or information contained in any product in any way.
- The Website may contain hyperlinks or other references to third party websites that the Company does not own or operate, and you may be subject to additional terms and conditions that apply when you use such websites. You agree that you are responsible for reviewing and understanding any terms and conditions governing any third-party website and products, for which the Company has no responsibility.
- To the fullest extent permitted by law, the information on the Website and the DGI Products are provided “as is”, and no warranty, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
You hereby indemnify the Company, its associated entities, its licensors, licensees, successors, agents, representatives and each of their respective officers, directors, managers, members, employees, agents, representatives and assigns (the “Indemnified Parties“), harmless from and against actual loss, costs, liabilities and expenses (including legal costs) resulting from your breach of these terms, your use of the Website, any DGI Product or any information contained in the Website or provided by the Company, or your infringement of any intellectual property or other right of any person or entity.
Limitation of Liability
Neither the Company nor any of the Indemnified Parties will be liable to you for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions of any such person in preparing, reporting or delivering the products, providing authentication services, or in doing anything related thereto. Neither the Company nor any of the Indemnified Parties will be liable to you for direct, special, indirect, incidental, consequential, punitive or emotional distress damages (including but not limited to loss of profits or opportunities, business interruption and loss of programs or data) in connection with your use of the Website, any use or reliance upon information found at the Website or provided by the Company or any DGI Product or through any other medium, even if advised of the possibility of such damages.
These Terms and Conditions constitute the entire agreement between you and the Company regarding the Website and/or the DGI Products and supersede any prior or contemporaneous agreement regarding that subject matter. There are no warranties, representations, covenants or agreements, express or implied, between the parties except those expressly set out herein.
- The Company reserves the right, in its sole and absolute discretion, to change, modify, add or delete portions of these Terms and Conditions at any time without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any change to these Terms and Conditions will constitute your acceptance of the revised Terms and Conditions.
- The Company may discontinue the Website at any time and for any reason, without notice, and the Company may change the contents, operation, or features of the Website at any time for any reason, without notice.
- The Company’s failure to enforce any provision of these Terms and Conditions or to respond to a breach will not constitute a waiver of the Company’s right to enforce any other provision of these Terms and Conditions.
- If any of these Terms and Conditions becomes invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
- When you visit the Website or send emails to the Company, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. The Company will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
- These Terms and Conditions constitute the entire agreement between you and the Company regarding the Website and supersede any prior or contemporaneous agreement regarding that subject matter.
- The jurisdiction and law applicable to these Terms and Conditions is the State of California.
- Where the Customer is a corporation, the signatory on behalf of the Customer hereby guarantees to the Company the performance by the Customer of all of its obligations under these Terms and Conditions and indemnifies the Company from and against all and any costs, claims, damages and expenses whatsoever, and howsoever, arising out of the breach or non-performance by the Customer.