Terms and Conditions

Effective date: January 19th, 2024

Thank you for purchasing the Daily Data Scientist Workshop. All sales are final. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Product for which these terms appear, you (“Client” and/or “Customer”) agree to be provided with the Course, as known as the Workshop, created by Jean-Sebastien Provost (“Owner”) in his capacity as Owner of Daily Data Scientist Inc., (the “Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):

Please READ the following carefully. Your access and use of this Site, the Course, or other services is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Course and making the initial payment to purchase the Course. The Company may modify, amend, supplement, and replace these terms and conditions at any time without advance notice. Your continued use of this Site and Course after any change means you have accepted the changed terms and conditions.

 

1. Disclaimers.

A. Website. The material appearing on the websites www.dailydatascientist.com, portal.dailydatascientist.com, dailydatascientist.mykajabi.com (Site) is provided as Course, or as a platform for online connection and community. The owner of this Site (Owner) and its directors, agents, employees, and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to this site.

Any information by or on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site, you accept and agree that following any information or recommendations provided therein is at your own risk.

B. Communication with Third-Parties. The Site, and the Course, may contain links to third-party websites. Third-party websites may include community aspects, such as courtesy access to a Member-only Slack community. Any linked sites, materials, and pages are not under the control of the Company. The Company is not responsible for the content contained in any related website, nor for any losses or damages, you may incur due to the use of any such website. The Company accepts no liability for any errors or omissions contained in third-party websites. We provide these links to improve your use of the Site and help the Company offer the most accessible services for you and conduct transactions.

C. Zero Tolerance. The Company employs a Zero Tolerance policy inside the Course as it pertains to harassment of the Company representatives and/or other members inside the Course. If Client or any other member harasses a Company member or other member inside the Course, Company will give one (1) warning to Client or the member to modify their behavior. Thereafter, upon a second incident of Harassment, Company will immediately remove the Client or member from the Course and “blocklist” them (i.e., ban them from future Company offerings) with no money back. Whether or not a member is considered to harass another is at the sole interpretation of the Company and will be a decision made based on the facts and evidence at hand (i.e., writings, emails, screenshots, etc.).

“Harassment” shall include, but is not limited to, abusive language (i.e., excessive cursing, threatening language, name-calling), volume of messages (i.e., demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (i.e., with other members through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more.

D. Disputes & Customer Support. The Company has developed a proprietary system to ensure Clients feel supported. However, from time to time, there are issues that may arise. In the event that Client has any issue whatsoever with the Course, other products and services, whether tech or substantive or otherwise, Client hereby acknowledges they will raise that issue through private channels, so as to not flood the member platform and/or community. Namely, Client shall email their question or issue to [email protected].

 

2. Intellectual Property.

A. Copyright. Canadian copyright laws protect all materials created by the Company on the Site as original works. All materials belong to the Company, including those with the absence of a registered copyright symbol.

Canadian copyright laws protect all materials created by Owner and/or Company on the Site and within the Course as original works. All materials belong to the Owner and/or the Company, including those with the absence of a registered copyright symbol. The Course and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by the Company and within the Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).

B. Non-Exclusive License. If Company provides Intellectual Property on the Site and/or within the Course that Client can download, a revocable, non-exclusive license is granted for Client to download copies of the materials for personal, non-commercial transitory viewing only. Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal use.

Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of the Course is for single-individual use. Client shall not copy, reproduce, translate, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Course without prior written consent or unless provided otherwise.

This is the grant of a license, not a transfer of title, and under this license, Client shall not:

• modify or copy the Intellectual Property;
• use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial);
• share or transfer the Intellectual Property to another person or “mirror” the materials on any other server.

If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

• Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Client’s own;
• Copying any of the Company’s Product content and/or material for Client’s commercial use;
• Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by the Company in either whole or part without prior written consent.

C. Infringement of Intellectual Property This license shall automatically and immediately terminate if Client violates any of the restrictions regarding the Company’s Intellectual Property. Upon the Company’s suspicion that Client violates any of the above Intellectual Property restrictions, Client’s access may be terminated by Company at any time.

Suspicion includes, but is not limited to:

• identification of Client’s content that is based on the Company’s proprietary framework;
• identification of Client’s content that is almost identical and/or confusingly similar to the Company’s content;
• notice from third-party of confusingly similar content between Client and Company.

Upon terminating Client’s license, Client must destroy any downloaded materials in Client’s possession whether in electronic or printed format.

In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to Company, Company reserves the right to:

• Immediately remove Client’s access to the Course that Client enrolled in;
• Investigate Client’s usage of the Intellectual Property, including purchasing access to Client’s content (ie. courses, programs, etc);
• Block Client from accessing future courses, programs or content belonging to Company;
• Recover all funds expended on investigating Client’s infringement of Company’s Intellectual Property, including (and especially) legal fees, administrative costs for Company to resolve the matter, and fees spent to access Client’s material to investigate any infringement,

If the Company discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blocked from any future courses or programs. The Company will seek any extent of legal remedies, and you will be required to cover all legal fees necessary to enforce these rights.

 

3. Course Overview.

This section only applies to Course.

A. Delivery of Course. Course may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Course if reasonably required by the prevailing circumstances as determined by Company. Access to this Course is currently through third-party platforms, Kajabi, LLC. (“Kajabi”). Company is not liable for any limitation of access to the Course caused by any third-party used to assist Company with the delivery of this Course to Client.

B. Course Access. Clients receive twelve (12) months of access to the Course for the lifetime of the Course’s availability.

C. No Guarantees. We make NO GUARANTEES about any success that you may obtain from using the information from our Site or the Course or any of our free offers.

You understand that the Company makes no guarantees whatsoever regarding any results based on any action or inaction relating to your life or career based on the information we share or services we sell or share for free through the Site. Ultimately, we are not responsible nor do we make any promises for what will happen in your life and career.

D. Scope of Services. The Company is NOT an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Client’s career or business. Client understands that the Course is created to help Client learn new skills. The Course may offer guidance, but will not be responsible for Client's decisions.

This Course does not include: 1) individualized advice and feedback; 2) procuring interview opportunities for Client; 3) performing any offer analysis or feedback for Client; 4) life coaching or therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) legal or financial advice; 6) introduction to Owner’s professional network and relationships.

Client hereby acknowledges that career and mindset coaching are subjective services and Company’s methods to provide said services may change in terms of style, technique, and content. Company and/or Owner may use its own judgment to provide the Course services to Client, even if these methods do not follow strict adherence to Client’s suggestions, per the nature of said services.

E. Course Updates. The company may actively update the Course to ensure the majority of members’ biggest roadblocks are anticipated, minimized, and addressed. Members are automatically granted access to any Course updates. However, please note, enrolling in Course does not guarantee free access to any bonuses other than the ones promised to be offered at the time of enrollment.

 

4. Indemnification.

A. Limitation of Liability and Indemnity. As a condition of your use of the Site, the Course, Client hereby indemnifies Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees), and damages arising out of claims resulting or arising from your use of the Site, the Course. In no event shall Company or its agents be liable for any damages (including, but not limited to, damages from loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, the Course, even if Company has been notified orally or in writing of the possibility of such damage.

B. Client Decisions. Client hereby acknowledges that Company is not liable for any injuries that may arise from Client’s actions, omissions, or decisions based on Client’s use of the Course, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, a decision to communicate with any third-parties such as other members, any of Client’s decisions, and any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after the use of the Course.

C. Links to Third Party Websites. The Site, the Course, may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of the Company. The Company is not responsible for the content contained in any related website, nor for any losses or damages, you may incur due to the use of any such website. The Company accepts no liability for any errors or omissions contained in third-party websites. The Company provides these links to improve your use of the Course and the Coaching Program.

 

5. Confidentiality.

A. Confidential Information & Non-Disclosure. Company takes pride in its proprietary information included in the Course, and any material distributed to Client and displayed on the Site. As such, Client agrees and acknowledges all Confidential Information shared through the Course and by the Company is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:

• Any systems, sequences, processes, or steps shared with Client;
• Any information disclosed in association with this Agreement;
• Any systems, sequences, processes, or trade secrets in connection with the Course, or Company’s business practices.

B. Testimonials. Company also agrees to protect Client’s personally identifiable information. However, from time to time, Company may use general statements about Client’s success for testimonials as part of Company’s marketing strategy. By signing up for the Course, you grant the Company permission to use any testimonials in our marketing materials and/or any promotional efforts. This includes but is not limited to unofficial testimonials, words of praise via Slack, LinkedIn, email, and direct messages with the Company. We will blur Client’s last name and email addresses on screenshots used, and you understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.

C. Non-Disparagement. Client agrees, during and/or after use of Product, to refrain from making any false, derogatory, or untrue statements, whether oral or in writing, that are injurious or otherwise negatively impact Company’s Product, business, services, products, or reputation.

 

6. Payments.

A. Payment Plans. Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout.

If a payment plan is offered and Client opts for it, Client will be responsible for paying the remaining invoices.

Client authorizes Company to automatically charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.

B. Payment Default. If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days) or else Client forfeits his/her right to access the Course.  In the event that a payment is not made, Company will temporarily suspend access until the payment(s) and late fee(s) are caught up.

If Client selects a payment plan option, Client agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Client. After the Grace Period (defined below), Company reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement. Client shall be liable for any costs Company incurs relating to collecting defaulted payments, including but not limited to legal fees.

C. Chargebacks. The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Client to Company for the Course, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.

D. Blocklist + Disputed Payments. Company retains the right to ‘Blocklist’ you from accessing all materials, courses, programs, or other products or services Company offers in the event that Client does not pay Client’s outstanding balance, dispute Client’s payments, or if Client misappropriates any of Company’s Intellectual Property.

Client will be removed from the blocklist under the sole discretion of Company under the conditions that: (1) the outstanding balance has been paid in full and (2) the Client will not be eligible for a refund for the remainder of their Course access.

In the event that Client wants to regain access to the Course, or other content after disputing a payment(s), Client agrees to pay the transaction fee (ie. charged by third-party Stripe or PayPal) for each payment previously disputed.

E. Late Fees. In the event that Client’s agreed-upon payment plan is interrupted by Client, Company will permit a one-month grace period (“Grace Period”) to assist Client to get back on track. However, thereafter, Client will be charged a ten percent (10%) late fee of the monthly payment (“Late Fee”) due for every month of missed payments after the Grace Period, for up to one year. The Late Fee will only commence after Client’s initial three-month Grace Period.

For example: If you have paid the first month but then pause your payment plan for the 2nd and 3rd months and fail to get back on track after three months, you will owe 10% for EACH month (up to one year) that your account is inactive. You will have to pay this amount before you can re-access your account.

To get back on track with the Course after more than three months of delinquent payments, Client must make up for ALL past due payments and late fees. Client’s access will be re-granted once Client’s entire account is paid off.

G. Foreign Fees. Company will not be held accountable for any foreign transaction fees charged by Client’s bank.

 

7. Refund Policy.

A refund can be requested within the first 7 days of the payment for Course if less than 25% of the course is completed. After the 7-day period, Client agrees and acknowledges that the purchase is non-refundable, under any circumstances.

 

8. Miscellaneous.

A. Entire Agreement. These terms and conditions and any other legal notices, policies, and guidelines of Company linked to these terms and conditions or contained on this Site constitute the entire Agreement between you and Company relating to your use of this Site, the Course, and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter.  This Agreement may not be amended or modified except by Company

B. Headings & Severability. Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C. Modifications. Company may revise these terms of use for its website at any time without notice. By using the Site, or the Course, you are agreeing to be bound by this Agreement.

D. Governing Law. Company is located in Canada and is subject to the applicable laws governing Canada. The governing law for this agreement is the laws of the Province of British Columbia, Canada.

E. Arbitration. Any disputes arising under this Agreement shall be resolved through binding arbitration.

F. Maximum Damages. Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement, the Course shall not exceed the total cost of the Course that Client had purchased.

G. Execution. Client agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.

Daily Data Scientist Inc.

Last Updated: January 19, 2024