Terms of Service

This is a legally binding contract between you and CD Industrial Group Inc., the company that created LunchBox Sessions. By using the site or our learning content, you agree to be bound by this contract.

Section A: Definitions

1 You

When we say "You", "Your", or "User", we mean a person who is accessing or using the LunchBox Sessions website or learning content and is subject to these terms.

When we say "Account", we mean an identity in our system which represents a single person. When we say "Your Account", we mean an identity in our system that specifically represents 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 collected automatically as you use the service.

If your account is part of a team, then when we say "Your Employer" we mean the entity, person, or people who are responsible for the management or payment of the team membership.

If you or an entity under your direction manages or pays for a team membership, then when we say "Your Employees", we mean the people whose accounts are associated with the team.

2 Us

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", "Our System", or "LunchBox Sessions", we mean this website (lunchboxsessions.com).

When we say "Our Servers", we mean the computers or virtual machines, 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 machines 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.

3 Terms

When we say "Terms", or "Terms of Service", we mean the terms and conditions on this web page.

When we say "Privacy Policy", we mean the section of these terms titled "Privacy Policy".

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).

2 Account

An account is required to access some sections of and content on the site, including member-only content. The terms of service apply to you regardless of whether or not you use the 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.

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 manage or participate in a team membership, and a second account using a personal email address to purchase a membership for personal use. If you delete your account, you are permitted to create a new account, except as prohibited by these terms.

3 Membership

When you purchase a membership for yourself or your team, all accounts associated with your team are granted access to the site and content according to the details of the membership plan, until the membership expires or you request a refund.

Payment may be submitted through our website, possibly via a 3rd party software reseller integration. Other payment arrangements may be available; please contact info@lunchboxsessions.com to arrange another method of payment. Other terms and conditions that may apply to your purchase will be presented in advance of your payment information being collected.

We may at our discretion grant access to our member-only content to individuals or organizations without the normally required payment or membership. Such access may be included as part of another contract between us and you, or us and your employer, separate from these terms. Except as established by such a contract, special access to member content may be revoked at any time, without any compensation, refund, or exchange.

If we modify any content, you will not have access to the previous version of that content. If we remove, delete, disable, or otherwise restrict the availability of any content, we we are under no obligation to provide any compensation. If we increase or decrease the price of the membership, we are under no obligation to charge or refund you for the difference.

4 Cancelling Your Account

You or your employer may terminate your account at any time by using the account management features of the service, or by sending an email request to support@lunchboxsessions.com. Upon terminating your account, your information may or may not be deleted, at our discretion, and may continue to be shared as detailed in the privacy policy. A terminated account may be re-created upon request, with the consent of your employer. A re-created account may or may not include your information that was present prior to termination.

5 Refunds

To request a refund, email us at support@lunchboxsessions.com. We will apply the refund to the payment method that made the purchase. We will happily issue a refund for your most recent payment. This refund may, at our discretion, be a refund in full, or prorated based on the amount of time elapsed since you paid and the billing schedule of your membership plan. You may request a refund for additional payments. Such refunds will be issued, or not, at our discretion, and we reserve the right to terminate your account or your team, and prohibit further use of the site by you or the people on your team.

6 License

We grant you and your employees a personal, limited, non-exclusive, revocable, non-transferable license to access the service and content in accordance with these terms. You may not sublicense to others.

7 Permitted Use

Your account may only be used by you. You will not allow others to use the service 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.

8 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 support@lunchboxsessions.com to discuss the new terms or delete your account.

9 The Service May Change

We may decide to change or terminate the service. You understand that there is no guarantee that the service will continue to operate or exist as it does now.

10 Technical Requirements

LunchBox Sessions uses cutting-edge web technologies. To get the most out of our service, you should use a powerful computer, an up-to-date web browser with JavaScript and Cookies enabled, and have a reliably fast connection to the internet. We strive to deliver our content to a broad range of users, but make no guarantees that our content will work identically for everyone. We frequently advance the technology used in the site and content, and may request or require you to use, or to not use, a specific web browser, operating system, or device to access the service.

11 Security

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, either before or after the security issue has been addressed, at our discretion. For additional information about our approach to security, please see our page on Privacy Details.

We are not responsible for, and have no control over, service outages or security breaches that affect you, our third party service providers, 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 membership associated with your account, and prohibit further access to the service.

Section C: Privacy Policy

1 Consent

By using LunchBox Sessions, you consent to the collection, storage, and sharing of your information as outlined in this privacy policy.

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.

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, we may share your information with your employer. For example, we may share your learning 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 Parties

We share your information with third parties only when necessary to provide 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, the United Kingdom, and Ireland. The companies that provide these third party services have obligations to protect your information. For more information, please contact the service providers listed below.

These services provide critical infrastructure for the operation of the site:

• We use a service named Heroku (a SalesForce company) to operate our web servers and databases. They transmit, process, and store all information that you provide to us or is generated by you in the course of using LunchBox Sessions. You can contact them here: heroku.com/contact

• We use a service named Paddle (Paddle.com Market Limited) to securely process your membership payments. Paddle is the Merchant of Record, provides customer service inquiries, and handles returns. When you become a member, we give them your email address, and you give them your billing address, payment details, and other information, so that they can collect payments, send you receipts, and process taxes. This information is retained indefinitely for the purpose of international tax compliance. You can learn about Paddle by reading their Terms and Conditions and their Privacy Policy, and contact them here: paddle.com/contact.

We use services from these companies to deliver our content. They have access to some of your information, such as your IP address:

• Amazon AWS: aws.amazon.com/contact-us
• Vimeo: vimeo.com/help/contact

We use these services and companies for communication with you. They have access to any information included in email messages to or from us, including your name:

• Postmark: postmarkapp.com/contact
• Google: policies.google.com/privacy
• Highrise: highrisehq.com/contact
• Slack: slack.com/contact

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, without explicitly asking you first. 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, the United Kingdom, 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.

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 any email communications from us, you will need to cancel your account.

12 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 Carl Dyke at support@lunchboxsessions.com.

We have practices in place for the handling of your information, our site security, and other sensitive matters. Please see our page on Privacy by Design.

Section D: 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, the logos and other intellectual property 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 E: 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, except as permitted in writing by CD Industrial Group Inc.:

• 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 or content;
• Capture, download, save, print, or otherwise retain information and content from the site, except in the fashion performed by your web browser for normal temporary browsing access (eg: browser cache), or except when instructed to do so by the content itself;
• Provide cross-site access, "frame", "mirror", "re-host", "inline link", or employ similar access schemes to the site or content;
• Transfer content to another person;
• Threaten us or other users with violence;
• Use hateful, abusive, harassing, libellous, or obscene language on the site;
• Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right;
• Use the service in any way which is or promotes illegal activity or fraud, could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law or regulation;
• 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 or entity;
• Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials;
• Access the site using any "bot" or automated computer system, or 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.
• Use the service in any way that may be associated with the creation or use of nuclear or chemical weapons.

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 we have reason to believe that you have violated any of these rules, we may, in our sole discretion, immediately modify, restrict, or delete your account, your employer's account, your employee's accounts, your information, your membership, or your access to the site, without refund or compensation, without warning or notice.

Section F: 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 G: 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 H: 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 I: 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. Excepting any other written, mutually accepted contract, 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 J: 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:

1. There shall be one (1) arbitrator appointed by us.
2. 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.
3. An oral hearing need not be held. (See Rule 11.4.)
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.