Terms and Conditions of Use
Last Updated: May 22, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "User," or "Customer") and Podium Mind Inc. ("Podium Mind," "we," "us," or "our"), a corporation incorporated in the Province of British Columbia, Canada, with its principal place of business at Suite 616, 718-333 Brooksbank Avenue, North Vancouver, Canada, V7J 3V8.
By accessing, browsing, registering for, or using any part of the Podium Mind website, services, products, or content ("Services"), you:
- Confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
- Represent that you meet the eligibility requirements set forth below.
- Agree to comply with all applicable laws and regulations.
If you do not agree with any part of these Terms, you must not access or use the Services.
2. Definitions
For the purposes of these Terms:
- "Services" means all content, features, functionality, products, downloads, courses, resources, tools, and activities offered by Podium Mind through its website or any affiliated channels.
- "Content" means all videos, audio, text, images, downloads, PDFs, course materials, and other information provided through the Services.
- "User Account" means the account created by a User for access to certain Services.
3. Eligibility and Age Requirements
The Services are intended for users aged 14 and older. Users under 18 must have explicit parental or legal guardian consent and supervision.
By using the Services, you represent and warrant that you are at least 14 years old AND either: (a) at least 18 years old, or (b) have obtained verifiable parental consent as indicated during registration.
Parental Responsibility: Parents/guardians who provide consent for minors are fully responsible for monitoring and supervising the minor's use of the Services, are bound by these Terms, and are liable for all activities conducted under the account.
If you are creating an account for a minor, you confirm that you are the parent or legal guardian of that minor and have the authority to agree to these Terms on their behalf.
4. User Accounts and Security
Account Registration: To access certain Services, you may be required to create a User Account. You agree to provide true, accurate, current, and complete information as prompted and to update such information to keep it accurate and complete.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You agree to notify us immediately of any unauthorized access or use of your account.
Prohibited Sharing: Sharing, transferring, or allowing third-party access to your account is strictly prohibited.
Account Termination: Podium Mind reserves the right to suspend or terminate any User Account at its sole discretion for breach of these Terms or for any conduct deemed harmful to the Services, Podium Mind, its contributors, or other users.
Grounds for Termination: Account suspension or termination may occur for any of the following reasons, including but not limited to: (a) sharing login credentials or allowing unauthorized account access; (b) downloading, copying, or redistributing Content beyond permitted personal use; (c) attempting to circumvent access controls or security measures; (d) providing false registration information; (e) using Content for commercial purposes without authorization; (f) violating intellectual property rights; (g) engaging in abusive, harassing, or threatening behavior toward Podium Mind staff, contributors, or other users; (h) any other conduct that, in Podium Mind's sole judgment, violates these Terms or restricts other users' enjoyment of the Services.
5. Products, Purchases, Pricing, and Payment
Offerings: Podium Mind offers free lead magnet videos, paid online courses, downloadable PDFs, and other resources. All products are digital in nature and are for individual, non-commercial use only.
Pricing: All prices are listed in Canadian Dollars (CAD) and are exclusive of applicable taxes unless otherwise indicated.
Taxes: Podium Mind collects and remits Goods and Services Tax (GST) and Harmonized Sales Tax (HST) as required by Canadian law, based on your billing address.
Payment Processing: Payments, including payment plans, are processed via third-party payment processors. You authorize Podium Mind and its payment processors to charge your payment method for all purchases, including recurring amounts under payment plans.
Payment Plan Default: For payment plans, failure to make scheduled payments may result in immediate account suspension and forfeiture of access to Content. Outstanding balances remain due and payable regardless of account status. Late fees may apply as permitted by law.
Discounts and Promotions: Podium Mind may offer discounts, coupons, or other promotional pricing at its discretion. Such offers may be subject to additional terms and conditions and cannot be combined unless explicitly stated.
Price Changes: Podium Mind reserves the right to modify pricing, discontinue products or services, or make changes to any offer at any time without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance.
6. Delivery, Access, and Pre-Sale
Product Delivery: Products purchased after their official launch date will be made available for access or download immediately upon payment confirmation.
Pre-Sale Products: If a product is purchased during a pre-sale period, access will be granted once the product becomes available. Estimated delivery dates are provided in good faith but are not guaranteed. Podium Mind is not liable for any delays beyond its reasonable control.
No Cancellation: Orders are final upon submission and may not be cancelled by the User, except as provided in the refund policy below or as required by applicable law.
7. Refund Policy
General Policy: All sales are final. Podium Mind does not offer refunds, credits, or exchanges for any products or services, including but not limited to lead magnets, courses, downloadable content, and pre-sale products, except as specifically provided below or as required by applicable law.
Limited Exceptions: Refunds may be provided at Podium Mind's sole discretion in cases of: (a) Technical issues preventing access that cannot be resolved within 30 days; (b) Other exceptional circumstances as determined by Podium Mind.
Mandatory Consumer Rights: Nothing in this policy limits or excludes any mandatory consumer rights under applicable local law. For consumers in jurisdictions with mandatory consumer protection laws, those rights take precedence over conflicting provisions in these Terms.
8. Content Availability and Modifications
Content Availability: While Podium Mind intends to maintain access to purchased Content indefinitely, we reserve the right to modify, discontinue, or remove any Content or Services at any time for business, technical, or legal reasons.
Notice and Remedies: In the event of significant changes or discontinuation: (a) We will provide at least 30 days advance notice via email to affected customers; (b) Customers who purchased affected Content within the previous 30 days may be eligible for a pro-rated refund at our discretion at the sole discretion of Podium Mind.
Limitation of Liability: Beyond the remedies specified above, we are not liable for any losses, damages, or inconvenience resulting from Content modifications, updates, or discontinuation.
9. License and Intellectual Property
Ownership: All Content and Services are the exclusive property of Podium Mind Inc. and its licensors, including contributing athletes, coaches, and content creators.
User License: Subject to these Terms, Podium Mind grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content for personal, non-commercial purposes only.
Restrictions: You may not: (a) download, copy, reproduce, distribute, transmit, display, publish, republish, modify, create derivative works from, sell, license, or otherwise exploit any Content or Services without express written consent from Podium Mind; (b) remove or obscure any copyright, trademark, or proprietary notices; (c) use any Content for commercial purposes, including but not limited to training programs, workshops, or resale; (d) reverse engineer, decompile, or attempt to extract source code from any part of the Services; (e) use automated tools to access, scrape, or download Content.
Permitted Personal Use: You may view, stream, and personally reference the Content for your own educational and development purposes. You may take notes for personal use but may not reproduce or distribute substantial portions of the Content.
Feedback: If you submit feedback, comments, or suggestions, you grant Podium Mind an unrestricted, royalty-free, perpetual, worldwide right to use and incorporate such feedback without compensation or attribution.
10. Prohibited Conduct
You agree not to:
(a) Use the Services for unlawful, fraudulent, or unauthorized purposes; (b) Violate any applicable law or regulation; (c) Impersonate any person or entity, or falsely state or misrepresent your affiliation; (d) Infringe, misappropriate, or violate Podium Mind's or any third party's intellectual property or other rights; (e) Upload, transmit, or distribute viruses, malware, or harmful code; (f) Attempt to hack, disrupt, or interfere with the operation, security, or integrity of the Services; (g) Use any robot, spider, scraper, or other automated means to access the Services without permission; (h) Attempt to gain unauthorized access to any account, computer system, or network connected to the Services; (i) Share, distribute, or make available your account or access credentials to others; (j) Harass, abuse, threaten, or engage in hate speech toward Podium Mind staff, contributors, or other users; (k) Engage in any conduct that, in Podium Mind's sole judgment, restricts or inhibits any other user from using or enjoying the Services; (l) Circumvent or attempt to circumvent any access controls, security measures, or usage restrictions.
11. Third-Party Services, Platform Dependencies, and Affiliate Links
Third-Party Links: The Services may contain links to third-party websites, content, or resources ("Third-Party Services"). Podium Mind is not responsible for the availability, accuracy, security, or content of such Third-Party Services and does not endorse or assume any liability for them.
Platform Dependencies: The Services rely on third-party platforms including Kajabi for hosting, delivery, and payment processing. Podium Mind is not liable for any interruption, delay, or failure of Services due to third-party platform issues, including but not limited to server downtime, technical failures, data loss, or service discontinuation by these providers.
Affiliate Disclosure: Podium Mind may receive compensation through affiliate links, partnerships, promotional codes, or referral programs. Some content creators, athletes, or partners featured in our Content may receive commissions from sales generated through their promotion of Podium Mind products. These financial relationships do not influence the educational content provided, which is developed based on expertise and educational value. All affiliate relationships comply with the Canadian Competition Act, FTC guidelines, and applicable international advertising standards. Material connections are disclosed in accordance with legal requirements.
12. Export Controls and International Compliance
You agree to comply with all applicable export and import laws and regulations regarding the access and use of the Services and Content. You represent that you are not located in, or a resident or national of, any country subject to international sanctions or export restrictions.
13. Disclaimer of Warranties
No Warranty: The Services and all Content are provided on an "AS IS" and "AS AVAILABLE" basis, without warranty or condition of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Guarantee of Results: Podium Mind does not guarantee the accuracy, completeness, reliability, suitability, effectiveness, or availability of any Content or Service. The Content represents opinions and experiences of individual athletes and coaches and may not be suitable for all users. Results are not guaranteed, and individual experiences may vary significantly.
Access Risks: Your use of the Services is at your own risk. Podium Mind does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.
No Endorsement: Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement or recommendation by Podium Mind.
Security Limitations: While we implement reasonable security measures, no system is completely secure. We do not warrant that the Services or your data will be free from unauthorized access, loss, or corruption.
14. Mental Health and Educational Disclaimer
Educational Purpose Only: All Content and Services provided by Podium Mind are for educational and informational purposes only and are not intended as a substitute for professional mental health care, psychological therapy, medical diagnosis, or treatment.
No Professional Relationship: Podium Mind is not a medical or healthcare provider, and no professional-client relationship is established by your use of the Services. The Content does not constitute professional advice and should not be relied upon as such.
Individual Responsibility: Users should exercise independent judgment and, where appropriate, seek qualified professional advice before implementing any techniques or strategies discussed in the Content.
Seek Professional Help: If you require mental health support, are experiencing a mental health crisis, have thoughts of self-harm, or need professional medical advice, you should immediately seek the care of a qualified healthcare provider or contact emergency services.
Crisis Resources: If you are in immediate danger or experiencing a mental health emergency, contact your local emergency services (911 in North America) or a crisis helpline in your area.
15. Security Incidents and Data Protection
Security Measures: While we implement reasonable security measures to protect your information, no method of transmission or storage is 100% secure.
Incident Response: In the event of a security incident affecting your personal information, we will notify you in accordance with applicable privacy laws and our Privacy Policy, including the nature of the incident, the information involved, and steps being taken to address the situation.
User Responsibility: You are responsible for maintaining the security of your account credentials and for promptly notifying us of any suspected unauthorized access.
16. Privacy
Your personal information is collected, used, and disclosed in accordance with our Privacy Policy at podiummind.com/privacy-policy, which forms part of these Terms and is incorporated by reference.
17. Limitation of Liability
To the maximum extent permitted by applicable law, Podium Mind Inc., its officers, directors, employees, contractors, contributors, licensors, affiliates, and third-party service providers will not be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive, or other damages whatsoever (including but not limited to loss of profits, data, use, goodwill, or business interruption) arising out of or relating to:
(a) Your access to or use of, or inability to access or use, the Services or any Content; (b) Any third-party conduct, content, or services; (c) Any interruption or cessation of Services; (d) Any bugs, errors, or inaccuracies in the Services; (e) Any damage to your computer, mobile device, or other equipment; (f) Any loss of data or content.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if Podium Mind has been advised of the possibility of such damages.
Damage Cap: If, despite the above limitations, liability is imposed on Podium Mind, our aggregate liability will not exceed the greater of: (i) the amount paid by you to Podium Mind in the preceding twelve (12) months, or (ii) fifty Canadian dollars (CAD $50).
Mandatory Consumer Rights: Nothing in this section limits or excludes any liability that cannot be limited or excluded under applicable law.
18. Indemnification
You agree to defend, indemnify, and hold harmless Podium Mind Inc., its affiliates, licensors, contributors, third-party service providers, and their respective directors, officers, employees, and agents from and against any and all claims, losses, liabilities, damages, obligations, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
(a) Your use or misuse of the Services; (b) Your violation of these Terms or any applicable law; (c) Your infringement or violation of the rights of any third party; (d) Any content or information you submit, post, or transmit through the Services; (e) Your negligent acts or omissions.
19. Force Majeure
Podium Mind will not be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, cyber attacks, third-party platform failures, strikes, labor disputes, pandemics, governmental orders or regulations, power failures, telecommunications failures, internet service provider failures, or any other force majeure event.
20. Termination, Suspension, and Refusal of Service
Termination Rights: Podium Mind may, at its sole discretion and without prior notice, suspend, restrict, or terminate your access to all or part of the Services for any reason, including but not limited to: (a) breach of these Terms; (b) illegal or improper use of the Services; (c) suspected fraudulent activity; (d) failure to pay fees when due; (e) as required by law or legal process; (f) to protect the safety and security of the Services or other users.
Effect of Termination: Upon termination, your right to access and use the Services immediately ceases. You remain liable for all charges incurred up to the date of termination.
Refusal of Service: Podium Mind reserves the right to refuse service to any person, geographic region, or jurisdiction at any time for any reason.
Survival: Sections relating to intellectual property, payment obligations, indemnification, limitation of liability, and dispute resolution survive termination of these Terms.
21. Dispute Resolution, Governing Law, and Jurisdiction
Informal Resolution: Before initiating any formal legal proceedings, the parties agree to attempt good faith resolution of any dispute, claim, question, or disagreement arising from or related to these Terms or your use of the Services. You must first contact Podium Mind at [email protected] with a detailed description of the dispute and allow 30 days for resolution.
Small Claims Court: Notwithstanding the above, either party may pursue claims in small claims court for disputes within that court's jurisdiction, without prior informal resolution.
Governing Law: These Terms and your use of the Services are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
Jurisdiction: Subject to the small claims court exception above, you irrevocably submit to the exclusive jurisdiction of the courts of British Columbia, Canada, for any legal action arising out of or relating to these Terms or the Services.
International Customers: For customers outside Canada, mandatory local consumer protection laws may provide additional rights that cannot be waived by these Terms. Where local law conflicts with these Terms, the mandatory provisions of local law will prevail to the extent required by applicable law.
Class Action Waiver: To the extent permitted by applicable law, you agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action.
22. Changes to Terms
Modification Rights: Podium Mind reserves the right to amend, modify, or update these Terms at any time, in its sole discretion, to reflect changes in our Services, legal requirements, or business practices.
Notice: We will provide notice of material changes by email (to the address associated with your account) and/or by posting the updated Terms on our website with a new "Last Updated" date. Non-material changes may be made without prior notice.
Acceptance: Your continued use of the Services following such notice constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services immediately.
Access to Previous Versions: Previous versions of these Terms are available upon request.
23. Entire Agreement and Severability
Entire Agreement: These Terms, together with our Privacy Policy and any additional terms expressly referenced herein or presented during the purchase process, constitute the entire agreement between you and Podium Mind regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
No Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.
24. Assignment
User Restrictions: You may not assign, transfer, or delegate any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Podium Mind Inc. Any attempted assignment or transfer in violation of this provision will be null and void.
Company Rights: Podium Mind Inc. may assign, transfer, or delegate any or all of its rights and obligations under these Terms at any time, with or without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
25. Contact Information
If you have questions, complaints, or requests regarding these Terms or the Services, please contact us at:
Podium Mind Inc.
Suite 616, 718-333 Brooksbank Avenue
North Vancouver, BC V7J 3V8
Canada
Email: [email protected]
For urgent matters requiring immediate attention, please clearly mark your communication as "URGENT" in the subject line
