Terms and Conditions
Last Updated: April 21, 2023
Please read the site Terms and Conditions carefully before using this site.
1. Introduction
The Pacific Forensic Mental Health Practice Ltd., operating under the business name of The Forensic Practice (“TFP”) respects your privacy and is committed to protecting your personal information. The Privacy Policy and these Terms of Conditions apply to all users of the internet website located at www.theforensicpractice.com, and all associated sites linked to www.theforensicpractice.com, including without limitation our Learning Management System (LMS) entitled the TFP Learning Academy and located at (https://tfplearningacademy.docebosaas.com), by its subsidiaries and affiliates (collectively, the “Site“), and all TFP Services (as defined below). The Site is the property of TFP and its licensors. Through the Site, you have access to a variety of resources and content.
The Site Terms and Conditions (“T&C”) set forth how End Users may use our Site, Programs, Products and Services and their content. “End User” or “User” or “you” refers to anyone who uses our Site, Programs, Products, Services and their content.
By using our Site, you confirm that you accept the Site Terms and Conditions and that you agree to comply with them. If you do not agree to the Site Terms and Conditions, you must not use our Site.
Please read these T&C carefully. We reserve the right to change these T&C from time to time, and by using any of our Programs, Products and Services you are agreeing to the T&C as they appear, whether or not you have read them. If at any time you do not agree with these terms, please do not use our Programs, Products and Services.
2. Use and Content
By purchasing or using any of our Programs, Products or Services, you are subject to these T&C as well as our Disclaimer, Privacy Policy, Grievance Policy, and any other terms and conditions that may apply to our Programs, Products and Services available through our Site, Learning Management System (“LMS”), or otherwise from us. You are required to act in accordance with them. Accessing our Site or our Programs, Products or Services, in any manner, whether automated, through instructor-led sessions, or otherwise, constitutes use of the Program, Products and Services, and your agreement to be bound by these T&C.
All of our Programs, Products and Services are intended solely for adult users. The Site is not intended for children or underage individuals (as they are defined in the Laws of applicable jurisdictions) and we do not knowingly collect data relating to children. By accessing or using our Programs, Products, or Services, LMS or our Site, you represent and warrant that you are of the age of majority or older and that you agree to and to abide by all of our T&C.
3. We may Suspend or Withdraw Our Site
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4. Accuracy and Reliability
Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in our Programs, Products or Services or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Program, Product or Services you are using, or in documents referenced by or linked to the Program, Product or Services.
5. Security
We take every precaution to protect our users’ information. When users submit sensitive information via the Program, Product or Services, all information is protected both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our Services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
6. You must Keep Your Account Details Safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of the Site Terms and Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
7. Prohibited Uses
You may use our Site only for lawful purposes.
You must not use our Site:
• In any way that breaches any applicable local, national or international Law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the Site Terms and Conditions.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our Site;
• any equipment or network on which our Site is stored;
• any software used in the provision of our Site; or
• any equipment or network or software owned or used by any third party.
8. Intellectual Property Rights
Ownership. We are the owner or the licensee of all intellectual property rights in our Site. Those works are protected by copyright laws around the world. All rights not expressly granted to you in the Site Terms and Conditions are reserved and retained by TFP or its licensors, suppliers, publishers, rights holders, or other content providers. Use of any such property, except as expressly authorized, will constitute a violation of the rights of the property owner and may be a violation of provincial, federal or other Laws and could subject the violator to legal action.
No Modification. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Attribution. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged and attributed.
No Commercial Purpose. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, reproduce, download or distribute any part of our Site in breach of the Site Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our Limited License to You. Our Programs, Products, and Services and all the materials available through it are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This material includes, but is not limited to, the design, layout, look, appearance, graphics, videos, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, case studies, electronic manuals, worksheets for test manuals, articles, chapters, interactive online forums, and/or any other reading or training materials provided by us to you (collectively “Training Materials”). Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these T&C.
If you purchase or access any of our Training Materials through our Programs, Products or Services, you will be our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-exclusive, non-transferable license for limited personal use to you only, and not for any commercial use or purpose.
You are being granted a limited license to use our Training Materials with permission and restrictions. This means that when you purchase a Program, Product or Services from our Site or otherwise, you are purchasing the limited right to use the Training Materials in the form that is provided by us to you with certain conditions as specified in these T&C.
Information You May Use for Your Own Personal Use Only. You are permitted to use our Programs, Products, Services and Training Materials as follows:
- You are permitted to use our Programs, Products, Services and Training Materials in the context of your own personal or professional use for informational and educational training purposes only, and not for any commercial use, including training purposes.
- You are permitted to download and/or print free resources from our Site or e- mails, including e-mail correspondence, e-newsletters, and other information shown under “Free Resources” on our Site pages for your own personal use, but only provided that you give us credit by name (The Forensic Practice), keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Site page(s) from which the information was obtained.
By copying, downloading, distributing, reproducing, printing, or otherwise using any material from this Program, Product or Services for any use you in no way assume or obtain any ownership rights of that material.
Any use our Programs, Products or Services, the materials available on or through them, or this Site, in any manner that has not been explicitly authorized by us through our prior written consent, or contrary to the explicit and limited purposes described in the Site Terms and Conditions, shall constitutes an infringement of our rights.
Any trademarks, trade names, taglines, and logos displayed on the Program, Product, or Services and Training Materials are trademarks and trade names, respectively. belonging to us. All trademarks reproduced in this Site, which are not the property of, or licensed to us, are acknowledged on the Site. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia and marking must be included at all times. Any marketing or promotional tools and/or Program, Product or Services titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission, and only after using the term “Used under license” in association with any such usage.
9. Information You are Prohibited from Sharing with Others.
As a Licensee, you understand and acknowledge that the information and Training Materials obtained in or through our Site, LMS, Program, Product or Services has been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you expressly agree that you will not steal our Training Materials or their content, or share them, in whole or in part, with any other person without our express written permission.
You agree that you are clearly and expressly prohibited from doing the following:
- You may not copy, reproduce, duplicate, share, trade, sell, or otherwise distribute any information obtained in or through our Programs, Products or Services to any other professional or person for their personal, commercial or business use, whether it was known to you or not at the time that you shared the information that their intention was to use the Training Materials for their own personal or professional use.
- You may not use the Training Materials related to our Programs, Products or Services, in whole or in part, to conduct, support, present or otherwise disseminate training or education for any other professional or person in any way, at any time.
- You may not violate our intellectual property rights, including copyright and trademark By copying, reproducing, distributing, downloading, printing, or otherwise using the Training Materials Programs, Products or Services for your own training purposes in no way gives you any copyright, trademark or ownership rights of the material contained in the Training Materials.
- You may not engage in improper and/or unauthorized use of our Training Materials related to our Programs, Products, or Unless otherwise explicitly authorized in these T&C, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any professional or other person in a way that earns them money, any Training Materials or any other information accessed or purchased through our Programs, Products or Services including but not limited to, our Site, LMS, Training Materials, password-protected Site page or forum, or any other communications provided by us to you.
Engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or this Site or LMS as set forth in these T&C is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You agree and understand that prohibited use would be a criminal offense. All rights not expressly granted in these terms or any express written license, are reserved by us.
10. Your License to Us.
By posting or submitting any material (including, without limitation, comments, e-mail communications, Site submissions) to us through our Program, Products, or Services, our Site, or our LMS, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express content of the owner of the material; and (ii) that you are of the age of majority or older.
In addition, when you submit or post any material in any way affiliated with our Program, Product, or Services, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, Site and across different media, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.
By participating in our Programs, Products and Services, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time, for any reason whatsoever.
11. Conditions for Use of Services
The Forensic Practice provides training programs, products, and services, as well as consulting and assessment services, to individuals, professional organizations, corporations, and government agencies (“Services”). Some of the Services listed below may require a separate engagement letter or contract that contains additional terms and conditions.
- Training Services include (but are not limited to) informal education sessions, asynchronous and hybrid eLearning courses, intensive multi-day workshops, and individual and group supervision, mentoring and coaching.
- Consulting services include case consultation, research brief, expert testimony, review of psychological and risk assessments, review of investigations and investigative interviews, and program development and evaluation.
- Assessment Services include (but are not limited to) risk/threat assessments, personal injury assessments, diagnostic assessments, and investigations and investigative interviews.
As a Licensee, you agree that you are using your own judgment in using these Services and information provided on and through this Program, Product or Services, which is done at your own risk. You also agree to our full Disclaimer on our Site.
You acknowledge that the Training Materials are being presented for informational and educational purposes only, and to the best of our ability, the Training Materials have been sanitized and edited to remove any the specific identity, identifying characteristics and/or personal health information of any enrollee or individual so that any particular individual’s identity may not be determined as we aim to protect the confidentiality of case study enrollees or any other individual. For some reason, should the identity of a case study enrollee or any other individual have their identity discovered or known to you or to others as a result of you reading or otherwise using the Training Materials, including but not limited to the case studies, we are not liable in any way for the discovery or identification of any such individual’s specific identity, identifying characteristics and/or personal health information.
You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product or Services. Our Programs, Products, and Services are for informational and educational purposes only.
We cannot and do not guarantee that you will attain a particular result through the use of our Programs, Products and Services, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use or non-use of the information provided or obtained through any of our Programs, Products or Services.
It shall be your own responsibility to discern the risks of using any of our Programs, Products or Services and Training Materials by conducting any due diligence that may be required. By using the Site and any of our Programs, Products or Services and Training Materials, you assume responsibility for your choices, actions, use or non-use of any of the Training Materials or other information in our Programs, Products and Services.
(a) User and Viewer Discretion Warning and Notice for Case Studies
Our case studies have been created for teaching basis and are loosely based on a variety of cases and experiences to provide a realistic scenario for education purposes. As such, the case studies may include and discuss child abuse, sexual violence, domestic violence, sexist, misogynist, homophobic, transphobic, racist and other potentially offensive comments, vulgar language, profanity and violence, and topics difficult to discuss. This content may be too intense for some Users and Viewers. User and Viewer discretion is advised.
12. Disclaimer and Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE PROGRAMS, PRODUCTS OR SERVICES ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS”, “WHERE IS” BASIS, WITH ALL FAULTS, AND TFP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THE SITE TERMS AND CONDITIONS, COURSE OF DEALING OR USAGE OF TRADE. TFP DOES NOT WARRANT THAT THE PROGRAMS, PRODUCTS OR SERVICES PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH PROGRAMS, PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.
TO THE FULLEST EXTENT PERMITTED BY LAW, TFP EXPRESSLY EXCLUDES ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS PROGRAM, PRODUCT OR SERVICES, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION OBTAINED ON OR THROUGH THE PROGRAM, PRODUCT OR SERVICES, ANY WEBSITES LINKED THERETO, AND/OR ANY MATERIAL POSTED ON OUR WEBSITE, OR IN ANY OTHER WAY THROUGH OUR PROGRAMS, PRODUCTS OR SERVICES BY US OR BY OTHERS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, PHYSICAL, MENTAL, EMOTIONAL, OR SPIRITUAL INJURY OR HARM, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME, SPECIAL OR CONSEQUENTIAL DAMAGES, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND. THIS APPLIES WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT A COMPLETE DISCLAIMER OF WARRANTY IS HELD NOT BE VALID, TFP’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THE SITE
TERMS AND CONDITIONS, SHALL NOT EXCEED $10.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR PURSUANT TO ANY LEGAL DOCTRINE, AND WHETHER OR NOT TFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Indemnification
Under no circumstances, including, but not limited to negligence, shall anyone related to us, or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, contractors, joint venture partners, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, our Programs, Products or Services, including the Training Materials or third-party materials made available through our Programs, Products or Services, even if we are advised beforehand of the possibility of such damages.
14. Links to External Websites or Use of Social Media
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Site or information you may obtain from them.
From time to time our Programs, Products and Services may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our Site, you should note that we do not have any control over that other website or social media. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites or social media, and such sites and social media sites, even if operated by us, are not governed by these T&C and Privacy Policy.
You should exercise caution and look at the terms and conditions and privacy policy of the external website or social medial sites you are visiting or using. Use of external links to other sites or social media do not signify that we endorse them or are liable for them or their contents in any way. We bear no responsibility for the content, information, or identity of the linked website(s) or social media websites.
We accept no liability for any of the views, facts, opinions, or references in our Programs, Products or Services whatsoever. Information posted on this Site and LMS related to our Programs, Products and Services or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.
15. Your Conduct
Whenever User, Visitor, employee or contractor make use of a feature that allows them to upload content to our Site or to make contact with other users of our Site, they must comply with the content standards set out in the Site Terms and Conditions.
These content standards apply to any and all material which any person contributes to our Site (“Contribution”). Our standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Site Terms and Conditions.
A Contribution must:
• Be accurate (where it states facts).
• Be genuinely held (where it states opinions).
• Comply with the Law applicable in Canada and in any country from which it is posted.
A Contribution must not:
• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from us, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services or web links to other sites, unless expressly authorized by us.
Each person that makes Contribution represents and warrants that if any such Contribution does not comply with those standards, and they will be liable to us and indemnify us for any breach of this warranty. This means that they will be responsible for any loss or damage we suffer as a result of the breach of warranty.
Any Contribution uploaded, posted and/or share to our Site will be considered non- confidential and non-proprietary. The contributor shall retain all of their ownership rights to the Contribution, any by reason of posting, sharing and loading such Contribution, they grant us and other users of our Site a limited licence to copy, reproduce, distribute, use, store and copy that Contribution and to distribute and make it available to third parties.
We also have the right to disclose the identity of the contributor to any third party who alleges that the Contribution posted or uploaded to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any Contribution posted or uploaded to our Site made on the Site if, in our sole opinion, the Contribution posted or uploaded to our Site, does not comply with the content standards prescribed by us.
You are solely responsible for securing and backing up your content, including any Contribution.
16. Rules about Linking to Our Site
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out above.
If you wish to link to or make any use of content on our Site other than that set out above, please contact us.
17. Prohibited Uses
You may use our Site only for lawful purposes.
You must not use our Site:
- In any way that breaches any applicable local, national or international Law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of these terms and conditions.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
18. Online Commerce
If paying by credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for your Programs, Products, or Services for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue.
If you fail to make payment in a timely manner in accordance with these T&C or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.
When you purchase this Program, Product or Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use our Programs, Products or Services for legitimate purposes only in compliance with these T&C. You also agree not to make any purchases for speculative, false or fraudulent purposes.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of our Programs, Products or Services.
You agree to only purchase these Programs, Products or Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
Refund Policy
Your satisfaction with your Programs, Products or Services is important to us. However, because upon registration and payment for our Programs, Products, and Services, they are promptly made available to you, we do not issue refunds. Should you find that a particular Program, Product or Service is not the right fit for you, we will gladly assist you and provide access to another of our currently offered Programs, Products or Services of an equal price that might better suit you, provided that you contact us through our Site contact form or send an e-mail to info@theforensicpractice.com explaining why you seek a substitute Program, Product or Service.
19. Program Access
Access to each on-demand program is provided for 365 days from the date of purchase.
20. Termination
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services and/or our Site, e-mail communications, or any other method of communications related to our Programs, Products or Services at any time without notice. Should you or we wish to terminate the Programs, Products or Services at any time, these termination terms will apply to you as well, even after termination by either of us.
In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Programs, Products, Services or our Site, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to Training Materials and the Programs, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these T&C, shall survive such termination of your access and apply in full force.
21. Breach of The Site Terms and Conditions
When we consider that a breach of this these terms and conditions has occurred, we may take such action as we deem appropriate.
Failure to comply with the Site Terms and Conditions may constitute a breach of these terms and conditions upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Site.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by Law.
We exclude our liability for all action we may take in response to breaches of the Site Terms and Conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
22. Applicable Laws Apply to Any Disputes
The Site Terms and Conditions are governed by the Laws of the Province of British Columbia and the Laws of Canada applicable therein, and the parties attorn to the exclusive jurisdiction of the arbitral bodies or courts of competent jurisdiction, excluding any rules of private international law or the conflict of laws that would lead to the application of any other Laws and excluding any Laws that implement or are based upon the United Nations Convention on Contracts for the International Sale of Goods.
23. Dispute Resolution
(a) Application
Any dispute, controversy or claim arising out of or relating to the Site Terms and Conditions, Privacy Terms, including any dissatisfaction with any of our Programs, Products or Services, shall be conclusively resolved in accordance with this section.
(b) Informal Stage Grievances relating to TFP’s Programs, Products or Services
(i) Should a grievance arise pertaining to TFP’s Programs, Products or Services, the complainant is expected to notify TFP’s Director of Practice as soon as possible by email at info@theforensicpractice.com with the subject line “Grievance.”
(ii) TFP’s Director of Practice will aim to address the concern in a timely fashion in a written email response that documents the complaint/grievance and, if applicable, any recommended action(s). For example:
(A) A grievance concerning a speaker / trainer will be conveyed to that speaker / trainer and be accompanied with recommendations to ensure that no similar grievances are received in the future. More serious grievances may result in termination of the speaker / trainer and, if applicable, complaints being forwarded to the speaker’s / trainer’s regulatory body.
(B) A grievance concerning the content, structure, cost, or location of a workshop may be resolved by modifications to future offerings and / or providing the complainant with an alternative training opportunity, should that be possible.
(C) If the complainant is not satisfied with how the outcome of their grievance, they have the right to escalate the grievance to the formal stage.
(iii) The parties further agree to use their best efforts to conduct any dispute resolution procedures herein as efficiently and cost effectively as possible.
(iv) The parties shall maintain the confidentiality of the complainant in responding to complainants. Confidential records of all