Terms and Conditions

Please read carefully, as this pertains to the agreement of your registration with any of the products sold (sometimes referred to as “Membership” and/or “HQ”) by The HR Agency (sometimes referred to as “Company”) on our website (sometimes referred to as “Site”).

By purchasing our products, you (sometimes referred to as "Client") agree to the following terms stated.

Membership

The HR Agency agrees to provide Membership content, identified as a library of HR documents and tools, to help Clients manage the Human Resources function of their business. Client agrees to abide by all policies and procedures outlined in this agreement as a condition of their participation in any of our Memberships.

Disclaimer

Client understands The HR Agency, is not an employee, agent, manager, or public relations or business manager. Client further understands that The HR Agency is not a lawyer and does not provide any legal advice and Clients should consult with their own lawyer for legal advice. The Company is a consulting service that provides advice and recommendations. We are not a law firm and our employees are not acting as your attorney. The information contained in the Membership should not be construed as legal advice to be applied to any specific factual situation. If you are unsure whether your particular situation requires that a product be changed, you should consult a lawyer. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information you receive are not substitutes for the advice of a lawyer.

Client understands that neither Carol Warne, nor Company, has promised, nor shall be obligated to, the following:

1. success in business, results, and sales for the Client.

2. provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.

3. procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.

4. introduce Client to Carol Warne’s full network of contacts, media, or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Membership.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to: 

• Harass or mistreat other users of our Site;

• Violate the rights of other users of our Site;

• Violate the intellectual property rights of the Site owners or any third party to the Site;

• Hack into the account of another user of the Site;

• Act in any way that could be considered fraudulent; or

• Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

When you create an account on our Site, you agree to the following: 

• You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

• All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Membership

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Financial Obligation

Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our collection agency.

Methods of Payment

We accept Visa, Mastercard, and American Express as forms of payment. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client’s credit card or debit card.

Refunds

We do not offer refunds on our Membership.

If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our collection agency.

Conditional Guarantee

We offer a one-year conditional guarantee. We do not offer refunds.

This guarantee covers a period of one year from the date of your purchase of the HQ Membership. In order to be eligible for the conditional guarantee, you must have fully implemented all provided HR documents, tools, and best practices within your organization during the guarantee period. If you find the need to request a refund within the guarantee period, you must provide us with a debrief outlining the reasons for your dissatisfaction. The debrief should clearly explain the challenges faced during the implementation process and the specific areas where our product did not meet your expectations. Upon receiving your debrief, our team will conduct a thorough review to assess the implementation process and the issues encountered. We may contact you to gather additional information or clarification. If, after our review, we find that you have indeed implemented all documents, tools, and best practices as required and the product has not met your expectations, we will proceed with the refund process. The refund will be issued within 30 days from the date of our confirmation. Please note that if the implementation of all documents, tools, and best practices is not completed within the guarantee period, or if the provided debrief does not demonstrate the required efforts, the guarantee will become void, and a refund will not be issued.

All returns and refunds are discretionary as determined by The HR Agency. If you have any questions, contact us at hello@thehragency.ca.

As mentioned above, all returns are discretionary. If you just downloaded the material (MS Word documents, PDFs, audios, videos, guidebooks, and/or etc.), and then promptly asked for a return, we reserve the right to deny your request. Why? Because the point of the policy is to give people the chance to try the documents and tools, and if it does not work, they can get their money back. It was not designed to enable people to steal the material.

Confidentiality

The HR Agency respects Clients’ privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure agreement. Any confidential information shared by The HR Agency members, or any representative of The HR Agency is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with other Clients, or Carol Warne, during the respective Membership. Confidential information includes, but is not limited to, information disclosed in connection with this agreement, and shall not include information rightfully obtained from a third party.

Both parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.

Client agrees not to violate the publicity or privacy rights belonging to The HR Agency. Furthermore, Client will not reveal any information to a third party obtained in connection with this agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party Company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.

By purchasing our products, you agree that if you violate or display any likelihood of violating this agreement, The HR Agency and/or the other Membership participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Client Responsibility

Products developed by The HR Agency are for strictly business purposes only. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by The HR Agency. The HR Agency makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by The HR Agency and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of use of products developed by The HR Agency. The HR Agency Membership documents, tools, and information are intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The HR Agency assumes no responsibility for errors or omissions that may appear in any Membership materials.

Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

Authorization and Release

You understand that your participation in the Membership (the “participation”) may be recorded in audio, video, still image, or other form, and you hereby grant to the Company and its representatives, successors, assigns, employees, contractors, licensees, agents, legal representatives, and any person, corporation, or entity acting under their permission or authority or for whom they might be acting, including anyone distributing or disseminating advertising for the products and/or services of the Company (collectively the foregoing are referred to as “Producers”): the right and permission to publish, reproduce, distribute, broadcast and/or otherwise use the participation in such manner, in any medium now known or later developed, worldwide in perpetuity, for such purposes, in whole or in part, as they shall determine in their sole discretion without further compensation or consideration to you and without further authorization by you without any restriction as to changes or alterations (including, but not limited to, composite or distorted representations or derivative works of your likeness made in any medium) in connection with the development of an HR library or the promotion of the Company’s business, products, and/or services. You disclaim any interest in the participation and further acknowledge that they shall constitute the sole property of the Company (or its successors or assigns as the case may be).

You also affirm that any statements or endorsement made by you in your participation are factually accurate and represent your honest opinions, findings, beliefs, and/or experiences. You hereby waive all rights of ownership, inspection, or approval regarding any recording, taping, broadcast, reproduction, blurring, distortion, alteration, optical illusion, proposed printed, audio or video publication and/or other use of my name, whether in an intermediary version(s) or finished version(s), the personal information and the participation. You also hereby release, discharge, and agree to hold harmless the producers from and against any and all liability, including, without limitation, claims for invasion of privacy or publicity, defamation, or copyright infringement, resulting from their use of my personal information, and the participation. You agree that your use of the service is voluntary, and you assume complete responsibility for your actions in connection therewith.

You hereby warrant that you are over eighteen years of age and competent to contract in your own name. You agree that this release shall be binding on you, your legal representatives, your heirs, and your assigns.

Limitation of Liability

Client agrees they used Company’s services at their own risk and that Membership is only a transactional service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, participants, and related entities any way as well as the venue where any Membership events are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Membership. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Membership. Company assumes no responsibility for errors or omissions that may appear in any of the Membership materials.

Non-Disparagement

The parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Memberships, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

Indemnification

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client’s payment for the right to participate in The HR Agency Memberships, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge The HR Agency and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns, and any venue where the Memberships meetings are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Memberships.

No Transfer of Intellectual Property

Company’s Memberships are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for anything other than Client’s business purposes. All intellectual property, including Company’s copyrighted Membership materials, images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site shall remain the sole property of The HR Agency. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any confidential information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than its intended purpose. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Independent Contractor Status

Nothing in this agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

Force Majeure

In the event that any cause beyond the reasonable control of either party, including without limitation acts of god, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

Severability/Waiver

If any provision of this agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

Assignment

Client may not assign this agreement without express written consent of Company.

Modification

Company may modify terms of this agreement at any time. All modifications shall be posted on the Membership’s website and purchasers shall be notified.

Termination

Company is committed to providing all Clients in the Membership with a positive Membership experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this agreement, and limit, suspend, or terminate Client’s participation in the Membership without refund or forgiveness of monthly payments if Client becomes disruptive to Company or participants, Client fails to follow the Membership guidelines, is difficult to work with, impairs the participation of the other participants in the Membership or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

Resolution of Disputes

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this agreement will be submitted to the ADR Institute of Canada. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

Equitable Relief

In the event that a dispute arises between the parties for which monetary relief is inadequate and where a party may suffer irreparable harm in the absence of an appropriate remedy, the injured party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

Notices

Any notices to be given hereunder by either party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this agreement, “personal delivery” includes notice transmitted by email. Email: hello@thehragency.ca. This agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements, and understandings between them relating to such subject matter. This agreement shall be governed by and construed in accordance with the laws of the province of Alberta, Canada.

Earnings Disclaimer:

Every effort has been made to accurately represent our products and their potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our products, ideas, and techniques. We do not purport any of our products to be a “get rich scheme.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to our products, ideas, and techniques mentioned, your finances, knowledge, and various skills. Since these factors differ according to the individual, we cannot guarantee your success or income level, nor are we responsible for any of your actions.

Materials in our products and on our website may contain information that includes, or is based upon, forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward-looking statements here, or on any of our sales materials, are intended to express our opinion of earnings potential. Many factors are important in determining your actual results and no guarantees are made that you will achieve results similar to ours or the testimonials of our Clients. In fact, no guarantees are made that you will achieve any results from the ideas and techniques in our material or the materials themselves.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Contact us at hello@thehragency.ca if you have any questions. You can also contact us through the feedback form available on our Site.