Terms and Conditions
September 9, 2022
Brij the Gap Consulting LLC (“Brij the Gap”) provides career advancement and development training, workshops, and programs to companies and professionals (collectively the “Services”). By using this Website and/or enrolling in any Services, you agree to be bound by the following Terms.
These Terms and Conditions (“Terms”) describe the specifications on which any client, browser, or user (referred to herein as “you”, “your”, or “Client(s)”) may access, browse, or use Brij the Gap’s website, https://brijthegapconsulting.com (the “Website”). Any use of the Website, as well as all information, tools, and materials available to you, is conditioned upon your acceptance of all the policies and notices stated herein.
YOU MAY NOT USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY SERVICES BY APPLICABLE LAW. BY USING THIS WEBSITE AND/OR ENROLLING IN ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, THEN YOU MAY NOT USE THE WEBSITE.
Any new features or tools which are later added to the Website shall also be subject to these Terms outlined herein. You can review the most current version of the Terms at any time on this page. Brij the Gap reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
1. Personal Information; Accessing Services
You represent and warrant that at all times (a) the information that you provide Brij the Gap will be true, accurate, current, and complete; and (b) you will keep your e-mail address up to date. Brij the Gap is not responsible for any errors made by you when entering your Personal Information through making or accessing your account on the Website.
You represent and warrant that you are using the Website for your own personal use only, and not for resale, export, publication, re-use, or any other unauthorized use. You shall be responsible for (a) all activities that transpire on or with your Personal Information; and (b) any act or omission related to your Personal Information, or the use thereof, that would be deemed a violation of these Terms. It shall be your responsibility to notify Brij the Gap if you notice any unauthorized access or use of your Personal Information, or any other breach of security. Brij the Gap shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
2. General Conditions of Use
By agreeing to these Terms or by using the Website or Services, you represent that you are at least eighteen (18) years of age or older. Minors may use this Website or Services under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of this Website, including all liabilities.
You consent to receiving communications from Brij the Gap including but not limited to, e-mails, text messages, and/or calls regarding updates to the Website, marketing, advertisement, and any other relevant information.
Brij the Gap reserves the right to refuse access to the Website and the Services to anyone, for any reason, including but not limited to, any breach or violation of these Terms, at any time at its own discretion. Brij the Gap reserves the right, but does not have any obligation, to pre-screen, refuse, and/or delete any content or Services from the Website.
You may not use the Website for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of the Website or Services for the purpose of any harmful or deceitful conduct, including, but not limited to: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
3. Prices and Payments
The prices charged for the Services are not currently listed on the Website; however, pricing will be set out in the registration page and/or sent via an invoice or wire transfer. All prices are in effect at the time the order is placed and will be set out in an order confirmation. Clients may also be subject to additional charges, which may include, but are not limited to: currency fees, exchange fees, VAT, and/or local taxes. All such fees shall be added to the Client’s Services total. Some clients may pay directly via invoice and/or wire transfer through the Stripe, which is linked to Thinkific. (“Payment Method”).
If you do not pay the amounts owed when due or your Payment Method continuously fails, Brij the Gap may charge you a late fee or initiate collection procedures. You agree to pay the cost of collection, including, and without limitation to, reasonable attorney’s fees.
Brij the Gap may offer promotions, discounts, or sales on the Website, or, in its sole discretion, to certain clients (“Promotions”). Promotions are subject to change without notice. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, the terms and conditions for the Promotion will govern that specific circumstance.
4. Cancellation of Orders; Refunds; Disputes
The terms of cancellation are included in the contracts organized by each client that engages in Services with Brij the Gap.
Generally, Brij the Gap does not offer refunds and the Services are not currently eligible for cancellations or refunds.
Brij the Gap aims to respectfully respond to all questions, comments, and concerns regarding client satisfaction and any related or resulting disputes.
If you are unhappy with the Services, please contact Brij the Gap directly through the Website. Should Brij the Gap, in its sole discretion, decide to refund or credit you on any amounts paid, that refund or credit shall constitute its entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.
If you file a dispute through your Payment Method before contacting Brij the Gap, we reserve the right to dispute the refund and initiate collection procedures which may include attorney’s fees. Once a dispute is made through your electronic Payment Method, you may no longer have the opportunity to receive a refund.
5. General Conditions of Use
By agreeing to these Terms or by using the Website or the Services, you represent that you are at least eighteen (18) years of age or older. Minors may use this Website or the Services under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of this Website, including all liabilities.
6. Termination or Suspension
You may not use the Services for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). You also represent and warrant that you are using the Website and the Services for your own personal use only, and not for resale, export, publication, re-use, or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your access to the Website and the Services.
You agree that Brij the Gap may, without prior notice, immediately suspend, terminate, discontinue and/or limit your use of the Website and the Services, for any reason, including but not limited to:
(a) any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;
(b) by way of request from law enforcement or any other governmental agencies;
(c) the discontinuance, alteration, or material modification to the Services, or any part thereof;
(d) any engagement by you in any fraudulent or illegal activities; or
(e) the non-payment of any associated fees that may be owed by you.
Furthermore, you agree that all terminations, suspensions, discontinuances, and or limitations of your access to the Website or Services shall be made in Brij the Gap’s sole discretion and that it shall not be liable to you or any other third-party regarding access to the Website and/or any of the Services.
Right of Refusal. Brij the Gap reserves the right to refuse Services to anyone, for any reason, at any time in its sole discretion. Brij the Gap reserves the right, but does not have the obligation, to pre-screen, refuse and/or delete any content currently available through the Website. In addition, Brij the Gap reserves the right to remove and/or delete any such content that would violate these Terms, or which would otherwise be considered offensive.
You consent to receiving communications from Brij the Gap, including but not limited to, e-mails, text messages, and/or calls regarding the Services, updates to the Website, marketing, advertisements, and any other relevant information.
Brij the Gap reserves the right, but has no obligation, to modify, update, or discontinue the Services, or any content available on the Website (or any part thereof), without notice at any time. Brij the Gap shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Services. Brij the Gap shall not be held responsible if information made available on the Website is not accurate, complete, or current. For clarity, you are relying on any information found on the Website or in connection with the Services at your own risk.
8. Intellectual Property
Brij the Gap owns, solely and exclusively, all right, title, and interest in and to all “Intellectual Property” which is defined as:
(a) the Website, including all content, logos, trademarks, software code, data, the look, feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website including any intellectual property and/or proprietary rights;
(b) the Services, including any information, coaching strategies, discussions, tools, designs, materials, and/or concepts uniquely created by Brij the Gap; and
(c) Brij the Gap’s business model, client lists, methodologies, pricing, and any other relevant information.
Brij the Gap reserves all rights in and to the Intellectual Property not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform or create any plagiaristic works which are based on Brij the Gap’s Intellectual Property, in whole or in part.
For clarity, Brij the Gap has granted you a personal, non-transferable, non-exclusive right and license to make use of its Intellectual Property as part of the Services as long as you do not, and shall not, allow any third-party to duplicate, create or plagiarize work from, reverse engineer, or otherwise make an attempt to sublicense, sell, assign, and/or otherwise transfer any such right.
All elements and aspects of the Website, materials, or any other elements or Services developed and offered by Brij the Gap are owned and controlled by Brij the Gap, including, but not limited to client logos, graphics, images, photographs, text, videos, Client interfaces, trademarks, computer code, and any other content of on the Website. This also includes the design, structure, organization, presentation, arrangement, expression, and the aesthetic of the Website and materials.
You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute assets in any way to any person, computer, server, website, or other entity for any commercial purpose without Brij the Gap’s explicit permission. The term “commercial purpose” means that Clients are prohibited from selling, licensing, renting, using in Clients’ own businesses or websites, incorporating into marketing materials or presentations, or making any other commercial use of the Intellectual Property.
Your Content. If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding the Website or the Services on your website, blog, article, or social media website (“Your Content”), you hereby grant Brij the Gap a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website or Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on Brij the Gap’s part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
Client ensures that it shall keep all assets and Intellectual Property disclosed during the course of the Services and thereafter confidential. “Confidential Information” means any nonpublic information that is disclosed to Client, including but to limited to all assets and Intellectual Property, coaching strategies, exercises, materials, and financial information. Confidential Information does not include any information that: (a) was publicly known and made generally available in the public domain prior to the time it was disclosed to the Client; (b) became publicly known and made generally available after disclosure to Client through no wrongful action of Client; or (c) was in the Client’s possession prior to disclosure.
10. Comments, Ratings, and Reviews
You may have the option to provide a rating and/or comment on the Services (“Feedback”). Any Feedback you leave must reflect your honest experience with the Program for its intended purpose and must comply with the any community guidelines as outlined in these Terms.
Brij the Gap may remove Feedback for any reason, at any time, without notice. Brij the Gap may also deny to specific Client’s permission to leave future Feedback or deactivate the Client’s account for Feedback violations at its discretion.
You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Brij the Gap, including any of its employees or contractors, or the Services associated therewith.
11. Disclaimer of Warranties
YOU AGREE TO USE THIS WEBSITE AND ANY SERVICES AT YOUR SOLE RISK. ALL SERVICES OFFERED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
12. Limitation of Liability
Data Privacy. Client understands that the use of third-party servers may involve transmission of Client’s data over networks that are not owned, operated, or controlled by Brij the Gap, and it is not responsible for any of Client’s data lost, altered, intercepted, or stored across such networks. Brij the Gap cannot guarantee that its security procedures will be error-free, and that transmission of data will always be secure.
IN NO EVENT SHALL BRIJ THE GAP BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR BRIJ THE GAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE FEE PAID FOR SERVICES.
13. No Professional Advice
The information provided on this Website and from the Services does not, and is not intended to, constitute legal, tax, investment, financial, health or other advice. Instead, all information, content, and materials available provided to Clients are for general informational purposes only. Clients should contact their attorney to obtain advice with respect to any particular legal matter.
Nothing on this Website or with the Services constitutes professional and/or financial advice, nor does any information constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information from the Services or this Website.
For the avoidance of doubt, Brij the Gap is not an employee, manager, lawyer, accountant, public relations manager, social media manager, doctor, counsellor, business operations manager, financial analyst, business executive, or other agent of you or your business.
14. Wireless and Location-Based Features; Social Media Plug-ins
Data Sharing. By using this Website, you affirmatively consent that Brij the Gap may use and share your video and image viewing data with third parties until consent is withdrawn. It may track your use for research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you, collect and analyze information, or to social networks.
Wireless Features. The Website may offer certain features that are available to you via your wireless device. These features may include the ability to access the Website, upload content, and receive messages on your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features.
In addition, where the Website collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.
Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with the Website are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on the Website. If you choose to click on these links, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network, the social network receives the information that the web page was used by you. If you are not registered with the social network, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with Brij the Gap through a social media website, plug-in, etc., then you may be enabling Brij the Gap to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/Websites you follow, etc.).
If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.
16. Class Action Waiver
Any arbitration shall be conducted in each Client’s individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Brij the Gap may provide any notice to you under these Terms by (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website.
To provide Brij the Gap notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent
Third-Party Content. This Website may contain links and references to other third-party service providers (“Third-Party Content”). Third-Party Content is provided as additional information. Brij the Gap is not responsible for any Third-Party Content or the actions of those that provide such content. Any information regarding a Third-Party found on the Website does not imply that Brij the Gap endorses or accepts any responsibility or liability for the Third-Party, or vice versa.
Indemnification. By using the Website or the Services, you agree to indemnify, defend, and hold Brij the Gap harmless (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with: (a) any breach or alleged breach of any representation or warranty by Brij the Gap; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by Brij the Gap, including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.
Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the law of the State of Georgia without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of Georgia.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by Brij the Gap to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Brij the Gap.
Notice to California Clients. Under California Civil Code Section 1789.3, California Clients of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to New Jersey Clients. If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Brij the Gap (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Georgia governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Brij the Gap a written notice by mail, e-mail, or fax, requesting that Brij the Gap remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Brij the Gap a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Brij the Gap arising out of or related to the use of the Website, Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, please feel free to contact Brij the Gap directly through the Website or by e-mail at email@example.com.