Terms of Service
This is a legally binding contract between you and CD Industrial Group Inc., the company that created LunchBox Sessions. By creating or using a LunchBox Sessions account, or by accessing or obtaining learning content through the site, you agree to be bound by this contract.
Section A: Definitions
When we say "You", "Your", or "User", we mean the person that created or logged in to a user account, or accessed free content without a user account, on the LunchBox Sessions website.
When we say "Account", "Your Account", or "User Account", we mean an identity in our system associated with an email address that is under your personal control. Your account is a representation of you.
When we say "Your Information," we mean information provided by you or your employer such as your name, email address, or country of residence, and any information that we collect automatically as you use the service.
When we say "We", "Us", or "Our", we mean CD Industrial Group Inc., the Alberta corporation that created LunchBox Sessions.
When we say "Site", "Service", or "System", we mean the LunchBox Sessions website (lunchboxsessions.com) and the content provided through it.
When we say "Our Servers", we mean the server computers or virtual servers, under our direction, provided by third party services, which host the service, and store and transmit your information and our content. We also mean the computers or virtual computers used by our staff in the development of the service.
When we say "Content”, we mean the discrete units of copyrightable text, graphics, animation, simulation, sound, software, and other materials owned by CD Industrial Group Inc. that are provided through the service.
When we say "Free Content", we mean content that is available without payment.
When we say "Paid Content", we mean content that requires payment, either in the form of an individual purchase for personal use or a payment plan that allows a designated group of users to access the content.
4 Your Employer
If your account is associated with or participates in a Team or Enterprise plan, then when we say "Your Employer," we mean the person or entity that is responsible for the creation, management, and payment of this plan.
5 Your Employees
If you or an entity under your direction creates, manages, or pays for a Team or Enterprise plan, then when we say "Your Employees," we mean all individuals whose accounts are associated with the plan. You are allowing these specific people to access the LunchBox Sessions paid content that is included in the plan.
When we say "Terms," or "Terms of Service", we mean the terms and conditions on this web page.
Section B: General
1 Permitted Users
You represent and warrant that you have the legal capacity to form a binding contract with us. You must be thirteen years of age or older. You must be legally able to do business with Canadian corporations, and have your information transmitted and stored within and outside of Canada, and we must be legally able to do business with you. You must not be located in or a citizen of North Korea (Democratic People's Republic of Korea). You must not use the service in any way that may be associated with the creation or use of weapons.
A user account is not required to access the service. An account is required to access paid content. The terms of service apply to you regardless of whether or not you use the LunchBox Sessions service with an account. To create an account, you must provide a valid and functioning email address under your personal control, and a secret password. You must not disclose your password. We strongly recommend that the password is unique to LunchBox Sessions, and is not used for any other services. We are not responsible for any losses, damages, or revealed personal information if your password is compromised. You agree to notify us immediately if you suspect or become aware that someone has gained unauthorized access to your account or the service. You are permitted a maximum of two user accounts at any one time. For instance, you may create one account using a company email address in order to create, manage, or participate in a Team or Enterprise plan, and a second account using a personal email address to purchase paid content for personal use. If you delete your account, you are permitted to create a new account, except as prohibited by these terms.
3 Automated Access
The service, and free content, may be accessed by automated systems for the purposes of search engine indexing. Accounts created or accessed by "bots" or other automated systems are not permitted.
When you create an account on LunchBox Sessions, we grant you a personal, limited, non-exclusive, revocable, non-transferable license to access the LunchBox Sessions service and content in accordance with these terms. You may not sublicense LunchBox Sessions to others.
5 Permitted Use
Your account may only be used by you. You will not allow others to use LunchBox Sessions through your account. You may use your account on as many computers and devices as you want, with the restriction that you only use the service on one device at a time.
6 The Terms May Change
We will notify you if we make material changes to the terms. The notification will be delivered either through the site, or to the email address associated with your account. If you do not agree to the changes, send a request to email@example.com to discuss the new terms or delete your account.
7 The Site May Change
We may decide to change or terminate the site, service, or content. You understand that there is no guarantee that LunchBox Sessions will continue to operate or exist as it does now.
8 Technical Requirements
We take security seriously, and use proven security measures to protect your information. If you forget your password, we cannot recover it; you will need to reset it. In the event that we learn of a security issue, we will notify affected users and companies, but only after the security issue has been addressed. For detailed security information, please see our page on Security & Privacy.
We are not responsible for, and have no control over, service outages or security breaches that affect the third party service providers underlying our service, or any intermediaries such as Internet Service Providers.
If we determine that you or your employees are engaging in behaviour that undermines, defeats, compromises, or bypasses our security measures, we may immediately terminate your account, your employees accounts, and any plan associated with your account, and prohibit further access to the service.
10 Other Access to Paid Content
We may at our discretion grant access to our paid content to individuals or organizations, without the normally required payment or plan. Such access may be included as part of another contract separate from these terms. Except as established by such a contract, special access to paid content may be revoked at any time, without any compensation, refund, or exchange.
Section C: Paid Content for Personal Use
This section applies when you purchase, or have purchased, paid content for yourself. This section does not apply to users creating or participating in a Team or Enterprise plan.
To access paid content, you must have an active user account. We only accept credit card payment. If we increase or decrease the price of the content, we are under no obligation to charge or refund you for the difference.
When you purchase content, you are granted access to the content for one year from the date of purchase. If the content is revised, modified, split, merged, moved, or otherwise changed, you will be automatically granted access to the changed version, or equivalent content. You will not have access to the previous version of the content. If we remove, delete, disable, or otherwise restrict the availability of a substantial portion of the content, we will provide you with your choice of equivalent alternative content, a credit to your account, or a refund, at our discretion.
We will happily issue a refund for one recently purchased Session, one time only. Email us at firstname.lastname@example.org, and we will apply a refund to the credit card that made the purchase. You may request a refund for additional purchases. Such a refund will be issued, or not, at our discretion, and we reserve the right to terminate your account and prohibit further use of the site.
We will terminate your account, without issuing any refund, if we have reason to believe that your account or credit card are being used for fraudulent purposes.
Section D: Team & Enterprise Plans — Employer
This section applies when you create and maintain a Team or Enterprise plan for you and your employees. This section does not apply when you purchase content for personal use.
1 Contract With Us
You, or an entity under your direction, are a customer of CD Industrial Group Inc. These terms apply to you as an individual, or to the entity under your direction, and not to your employees. These terms compliment, but do not negate or modify, any contract with your employees.
To set up a plan and associate employee accounts with your plan, you must have an active user account. Credit Card payment may be submitted through our website. For Enterprise plans, other payment arrangements are available; please contact email@example.com to arrange another method of payment.
When you set up a plan, you are granted access to the content in accordance with the plan details. If the content is revised, modified, split, merged, moved, or otherwise changed, you will be automatically granted access to the changed version, or equivalent content. You will not have access to the previous version of the content. If we remove, delete, disable, or otherwise restrict the availability of a substantial portion of the content, we will provide you with your choice of equivalent alternative content, a credit to your account, or a refund, at our discretion. The details of the plan, including pricing, may change at any time. We will notify you in advance of any material changes. These changes will take effect the next time you are billed for the plan.
If you cancel your plan, we will only charge you for the duration that the plan was in effect. Upon cancellation, you and your employees will immediately lose access to the paid content included in the plan.
We will terminate your account, without issuing any refund, if we have reason to believe that your account, any employee accounts, or your payment method, are being used for fraudulent purposes.
Section E: Team & Enterprise Plans — Employee
This section applies when you use content paid for by your employer through a Team or Enterprise plan. This section does not apply when you purchase content for personal use.
1 Contract With Your Employer
Your employer must be a customer of CD Industrial Group Inc. with a paid plan or equivalent contract in effect on the service. These terms apply to you as an individual, not to your employer. These terms compliment, but do not negate or modify, any contract with your employer. If your employment ends, we or your employer may ban, revoke, or delete your account on this site.
You are granted access to the paid content in accordance with the details of the plan. If the plan or content are changed, your access to paid content may change too. We are under no obligation to you to maintain your access to the content or service.
3 Cancelling Your Account
2 Personal Information
When creating your account, you or your employer provides us with your email address, which we use to keep track of who you are in our system. We may detect or ask for your country of residence and other location information, to determine the currency and tax when you purchase content. You or your employer may provide us with your name and country, which are used to personalize the site, to help your employer manage your account, to forbid access if the country is blocked from accessing the site, and for other basic functionality of the site.
This information may be stored for as long as you have an account on the site. When your account is deleted, this information will be deleted from our servers, with the following exceptions. If you are banned from the site, some of this information will be saved so as to maintain the ban and prevent further access by you. Some of this information may be retained in backups, which are periodically expired and destroyed. Some of this information may be retained in historical records for tax purposes. Some of this information may be retained for as long as your employer has an account, for their historical records. Your email address may be saved indefinitely, as part of a record of usage of the site. Upon request, we will remove all traces of your information from our servers.
When you purchase content, you provide our payment and tax third-party services with your name, address, and payment information, which they use to issue the correct charge to your credit card. Your name, address, and payment information is handled by Stripe, Inc., a PCI-compliant payment processing company. Your name and address information is handled by Taxamo and Taxamo Assure (eVAT Solutions Ltd.), and retained for up to 15 years for the purpose of international tax compliance.
3 Usage Information
We may collect publicly available information about you, your web browser, operating system, internet connection, and geographic location. We also collect information based on your use of our the service, including learning achievements, and a history of your activity.
4 Aggregate Information
We may aggregate user information, and perform statistical analyses of the collective behaviour of LunchBox Sessions users and visitors to the site, to measure overall demographics and to improve the service.
5 Information Shared Internally
We will store your information on our servers. Your information may be individually viewed by our employees. We may modify your information as necessary to ensure the accuracy of your information on the service. You are not responsible for information that we have modified. We will also share your information with other services offered by CD Industrial Group Inc. Your information collected on our other services may be shared with LunchBox Sessions.
6 Information Shared With Your Employer
If you use LunchBox Sessions in the course of your work, at the request of your employer, or as part of a Team or Enterprise plan, we may share your information with your employer. For example, we may share your academic achievements with your employer. Your employer may modify your information as necessary to ensure the accuracy of your information on the service.
7 Information Shared With Third Party Services
We will share your information with third parties as necessary to provide and improve the service. Your information may be transmitted, stored, or processed in a number of countries around the world by these third party services, including Canada, the United States, and Ireland. The companies that provide these third party services have obligations to protect your information. For more information, please contact the service providers as listed below.
These service providers are responsible for processing and storing data for the essential operation of the site, and have access to your personal information:
- Heroku: https://www.heroku.com/contact
- Postmark: https://postmarkapp.com/contact
- Stripe: https://stripe.com/contact
- Taxamo and Taxamo Assure: https://www.taxamo.com/contact-us/
These service providers have access to your non-personal information:
- Amazon AWS: https://aws.amazon.com/contact-us
8 Information Shared With Outside Parties
We may publicly share anonymous, aggregate information, such as the total number of users on the site. We do not share your personal information publicly. We do not share your information with advertisers.
9 Forced Disclosure
We, or our third party service providers, may be required to disclose your information in order to:
- comply with the law or legal process;
- protect or defend our rights or property, or the rights or property of others; or
- enforce these terms.
These actions may be taken in Canada, the United States, Ireland, or any other country where your information may be stored or processed.
If we must disclose your personal information in order to comply with the law or legal process, we will inform you as soon as practicable, provided that it is lawful for us to do so. Our third party service providers include similar statements in their terms of service and privacy policies.
10 Transfer of Ownership
We reserve the right to sell to, buy, merge with, or partner with other businesses. In such transactions, your information may be among the transferred assets. If it is, we will inform you of the changes and give you an opportunity to delete your account and your personal information.
11 Contacting You
We also use your personal information to send you essential notifications about the service and to respond to support requests. We will communicate with you via email, at an email address provided by you or your employer. If you no longer wish to receive email communications from us, you will need to cancel your account.
11 Concerns & Inquiries
It's critically important that we handle your information with care and respect. If you have any questions about our handling of information, we have designated one of our employees to respond to privacy related inquiries. Please direct your correspondence to Ivan Reese at firstname.lastname@example.org.
We have policies in place for the handling of your information, our site security, and other sensitive matters. Please see our page on Security Information.
Section G: Copyright and Intellectual Property
All LunchBox Sessions content, the selection, compilation, arrangement, and presentation of all materials, and the overall design of the site, are copyrighted by us, and are protected by Canadian and international laws. Use of our content without our express prior written permission is strictly prohibited. If you participate in a Team or Enterprise account, the logos and content belonging to your employer are copyrighted by your employer and used with permission. Any information or content that you provide for use in the service ("User Created Content") must be created and owned by you, and by providing us with this content you grant us permission to use the content in the service.
Lunchboxsessions.com, LunchBox Sessions, and the LunchBox Sessions logo are trademarks of CD Industrial Group Inc., in Canada and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.
When your account is banned or deleted, information that has been provided or collected during your use of the service may be retained, shared with your employer, or used as detailed in these terms.
Section H: LunchBox Sessions Rules
LunchBox Sessions is designed to help people learn; as such, we have some ground rules which you must adhere to when using the site. You agree not to do any of the following:
- Capture, download, save, print, or otherwise retain information and content from the site, except in the fashion performed by your web browser for normal website use, or except when instructed and permitted to do so in writing by the service or content;
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer, or adapt any of the content and source code, graphics, writing, and other elements of the site;
- "frame", "mirror", "re-host", "inline link", or employ similar access schemes to the Site content;
- Transfer content to another person;
- Threaten other users with violence;
- Use hateful, abusive, harassing, libellous, or obscene language towards other users;
- Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
- Post any material which promotes illegal activity, could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law or regulation;
- Use the site to send spam, chain letters, junk mail, or any other type of unsolicited mass email;
- Use the site to distribute viruses or other harmful, disruptive, or destructive files;
- Use or attempt to use another person’s account;
- Disrupt or interfere with the security of, or otherwise abuse, the site, or any servers or networks connected to the site;
- Attempt to obtain unauthorized access to the site;
- Impersonate another person;
- Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
- Systematically harvest data from or about the site, except for the purposes of search engine indexing;
- Systematically harvest data from or about the users of the site;
- Programmatically register accounts on the site.
You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from Canada; and that you will comply with all applicable local, provincial, national, and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.
If it appears you have violated any of these rules, we may, in our sole discretion, immediately modify, limit, or delete your information, your plan, your account, your employee's accounts, or your access to the site.
Section I: Disclaimer of Warranties
We will strive to prevent interruptions to the service and be good stewards of your information. However, the site and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.
Section J: Limitations of Liability
Under no circumstances shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) cost of business interruption, loss of business, profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.
Section K: Indemnification
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, shareholders, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorney's fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defence and control of any matter subject to indemnification by you. The assumption of such defence or control by us, however, shall not excuse any of your indemnity obligations.
Section L: Accepting These Terms
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Section M: Mediation Provision
Any dispute, controversy, or claim arising out of or relating to this contract, including any question regarding its existence, interpretation, validity, breach, or termination, or the business relationship created by it, shall be referred to and finally resolved by arbitration under the ADR Chambers Arbitration Rules pursuant to the Arbitration Act RSA 2000 c A-43. The place of the arbitration shall be Red Deer, Alberta, Canada.
The parties may wish to consider adding one or all of the following options:
- There shall be one (1) arbitrator appointed by us.
- The Arbitral Tribunal needn’t select either of the final offers made by each of the parties and shall be at liberty to modify either of the final offers as it sees fit. The Arbitral Tribunal need not provide detailed reasons for its award.
- An oral hearing need not be held. (See Rule 11.4.)
- There will be no appeal from the decision of the Arbitral Tribunal on questions of fact, law, or mixed fact and law.
For purposes of this arbitration provision, references to you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns, as well as authorized users or beneficiaries of LunchBox Sessions services. Subject to and without waiver of the arbitration provisions above, you agree that the governing law of this agreement shall be that of the Province of Alberta, Canada, any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction of the courts of the Province of Alberta, Judicial District of Red Deer.