Terms and Conditions
Website Terms of Use
Carefully read all the terms and conditions of this agreement ('Agreement') before accessing or using the Nisto Consulting Website (the 'Website') or any Indigenous Awareness training products or services made available on or through the Website ('Nisto Services'). By accessing or using the Website, you ('You') agree to become legally bound by the terms and conditions of the Agreement, including any particular terms that may apply to the Nisto Services. If You do not agree with the terms and conditions of the Agreement, You must not use, access, attempt to access, or open an account for the Website or the Nisto Services.
The Agreement is a legal agreement between You and Nisto Consulting Inc. ('Nisto Consulting') for use of the Website.
The terms and conditions of the Agreement may be changed from time to time by Nisto Consulting at its sole discretion and without prior notice. Any changes will be posted on the Website and upon Your use of the Website after such changes have been posted, You shall be deemed to have been made aware of such changes and Your use of the Website shall constitute Your agreement to be bound by the Agreement as modified.
Description of Nisto Services
Nisto Consulting provides indigenous awareness training and cultural sensitivity workshops as requested by clients from time to time.
Nisto Consulting may also make certain Nisto Services available for purchase through its third party service provider, Udemy. Nisto Consulting is responsible for the content of the Nisto Services available on the Udemy website only; the purchase and use of any Nisto Services from the Udemy site shall be subject to the Udemy Terms of Use. For greater certainty, Udemy manages the contents of its website, which is not reviewed or approved by Nisto Consulting, and Nisto Consulting assumes no responsibility for the content of or services linked to on the Udemy website.
Price and Payment
Fees for the Nisto Services ("Fees") may be outlined on the Website or may be provided by Nisto Consulting from time to time, and become payable at the time You agree to purchase such Nisto Services. Payment may be made through any method authorized by Nisto Consulting and Nisto Consulting reserves the right to change, or to stop accepting, any permitted payment method at any time. The processing of payment for Services purchased through the Udemy website shall be governed by the Udemy Terms of Use.
Restrictions on Use of the Website
You shall not reproduce, publish, upload, post, transmit, adapt, modify or otherwise display, distribute or exploit in any way the Website or any part thereof including, but not limited to, the text, images, videos, photographs, audio files, graphics, data, courses, tests, or surveys (collectively referred to as 'Content') or any part thereof, without the prior written permission of Nisto Consulting.
You agree that You shall not:
i Upload, post, or otherwise transmit through or to the Website any content that:
(a) is false, unlawful, abusive, threatening, harmful, obscene, offensive, or defamatory;
(b) might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; or
(c) contains any viruses or any other harmful programs or elements; disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Website, its computer systems, servers or networks.
ii Any violation of this Agreement immediately terminates Your license to access the Website and the Nisto Services.
Your use of the Website is limited to Your sole personal use only.
Disclaimer of Warranties and Limitation of Liability
While reasonable effort has been taken to ensure the accuracy of the Content accessible through the Website, Nisto Consulting is not responsible for any errors or omissions appearing in such Content or on the Website. To the fullest extent permitted by law, Nisto Consulting does not warrant and hereby disclaims any warranty, expressed or otherwise implied as to the accuracy, correctness, completeness, reliability, timeliness, for any particular purpose or satisfactory quality of the Website, the Nisto Services, or any part thereof. The Website and the Nisto Services are provided on an 'as is' basis without warranties of any kind. You are accessing the Website and using the Nisto Services at Your own risk.
Furthermore, Nisto Consulting disclaims all responsibility and liability of any description including without limitation liability for negligence, injury, incidental, special, indirect, punitive, or consequential damages, expense and/or loss (to include loss of profits, loss of revenue, loss of savings, loss of data or information, business interruption, loss of privacy, personal injury or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with the Website or the Nisto Services.
To the fullest extent permitted by law, Nisto Consulting does not warrant and hereby disclaims any warranty, that the Website, or any part thereof or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that the Website and the server it is stored on and will be free of all viruses and/or other harmful or invasive elements.
Nisto Consulting reserves the right to revise, amend, alter or delete the Website or the Nisto Services, in whole or in part, provided herein at any time, but shall not be responsible for or liable in respect of any such revisions, amendments, alterations or deletions.
The aggregate liability of Nisto Consulting in connection with this Agreement, Your use of the Website or the Nisto Services, or any other circumstance giving rise to liability, shall be limited to direct damages only arising out of the bad faith, willful misconduct or gross negligence of Nisto Consulting.
Indemnification
You agree to indemnify and hold Nisto Consulting and all of its respective directors, officers and employees harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of Your use of the Website or the Nisto Services, Your violation of any terms or conditions of the Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity.
Right of Access
Nisto Consulting reserves all rights to deny or restrict access to the Website to any particular person, group or organization, or to block access from a particular Internet address to the Website, at any time, without ascribing any reasons whatsoever.
Links from the Website to other Websites
The Website may contain hyperlinks to websites which are not maintained by Nisto Consulting. Hyperlinks to other websites are provided solely for Your convenience. If You use these websites, You will exit the Website. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses and other destructive elements. The contents of other websites are not maintained or controlled by Nisto Consulting, therefore, Nisto Consulting shall not be responsible for the availability, accuracy or reliability of the content of the other websites or be liable for any injury, damages, loss or expense howsoever arising from access to those websites. In no circumstances shall Nisto Consulting be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites to which the Website is linked. Use of the hyperlinks and access to such websites are entirely at Your own risk.
Links to the Website from websites except as set forth below, caching and links to, and the framing of the Website of any part thereof are prohibited.
You must secure written permission from Nisto Consulting prior to hyperlinking to or framing the Website or the Contents or any part thereof, or otherwise engaging in similar activities. Nisto Consulting reserves the right to impose in its sole discretion any terms and conditions when permitting any hyperlinking to, or framing of the Website or any part thereof and You agree to be bound and shall observe all such terms and conditions.
Nisto Consulting reserves the right to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
Nisto Consulting reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from the Website or any of its Content.
Intellectual Property Rights
The Website and all included Content are protected by copyright. Copyright protection includes but is not limited to the Website and Content, design, text, images, photographs, video, audio files, and graphics. All rights, title and interest in the Website and Content are owned by Nisto Consulting or third parties. Your use of the Website does not grant You any rights in respect to the copyright, and you agree to not take any action to jeopardize, limit or interfere with Nisto Consulting's intellectual property rights, including making copies of copyright protected materials and using or challenging Nisto Consulting's trademarks. You acknowledge and agree that Nisto Consulting is not responsible for the accuracy, completeness or content of the Website or Nisto Services provided by or on behalf of third parties.
Privacy Policy
During use of the Website and the Nisto Services, You may submit personal information as required in order to allow Nisto Consulting to provide the Website and/or Nisto Services to You. Nisto Consulting is committed to ensuring responsible practices in the collection, use and disclosure of Your personal information in accordance with applicable law.
By submitting personal information to Nisto Consulting, You agree to Nisto Consulting's collection, use and disclosure of the information to required parties as indicated:
i To maintain, support and upgrade the Website, Nisto Consulting may contract third party service providers who may gain or require access to this information. Under no circumstance do these service providers have an independent right to access, share or disclose Your information with any other person, group or company.
ii Nisto Consulting may use Your information internally for the purposes of customizing Nisto Services for You, fulfilling Your requests for products or services, or to improve services to You.
iii If You are completing training for which You receive a certificate or certification, You hereby grant Nisto Consulting the right to forward the organization providing the certificate or certification with Your first name, last name, mark, completion date, and contact information.
Nisto Consulting has relationships with service provider partners (including Udemy) for the purpose of making its services available to its clients. Partner service providers are distinct from Nisto Consulting, and there is no sharing of personal information between Nisto Consulting and its partner service providers. The disclosure of any personal information to partner service providers is entirely at the discretion of the individual to whom the personal information relates. Any use of services provided by a partner of Nisto Consulting and the provision of any information to partner service providers will be governed by the privacy policies in use by such partner service providers.
Choice of Law
The Agreement will be deemed to have been made and performed exclusively in the Province of Alberta, Canada, and will be governed by and construed under the laws of that jurisdiction. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta for any claim arising from or in connection with the Agreement, the Website or the Nisto Services.
Severability
To the extent that any provision of the Agreement is declared by a court or other lawful authority of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and deleted or limited so the remainder of the Agreement shall continue in full force and effect with respect to all other provisions.
Entire Agreement
This Agreement constitutes the entire agreement between Nisto Consulting and You with respect to Your use of the Website and Nisto Services.
Contact Information
To contact Nisto Consulting in connection with this Agreement or the Website, send an email to holly.fortier@shaw.ca or write to: Nisto Consulting ~ General Delivery, Fort McKay, Alberta T0P1C0.