Terms & Conditions
Please read these Terms & Conditions carefully and in their entirety before using www.instagrooms.com and www.instagrooms.ca (hereinafter referred to as the “Site”). The Site and its content are owned by Instagrooms Inc.
PURPOSE:
These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site. These terms and conditions are a binding legal agreement between you and Instagrooms Inc, a company Incorporated in February 2022 under the laws of British Columbia, Canada. These terms govern our website, software applications, resources and services provided through our various sites and applications.
IMPORTANT NOTES:
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at admin@instagrooms.com. You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions or made an account.
These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 19 and voluntarily waive your right to a jury trial.
By proceeding on the Site, you hereby agree to the following:
Definitions:
“Company”, “We”, “I”, “Our”, or “Us” “Instagroom” “Instagrooms” means Instagrooms Inc and our website, www.instagrooms.com and or www.instagrooms.ca.
By proceeding on the Site, you hereby agree to the following:
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from instagrooms.com, Instagrooms Inc and or any staff associated with Instagrooms Inc, and any and all written or downloadable material purchased, viewed, or otherwise offered by Instagrooms Inc and/or on www.instagrooms.com or www.instagrooms.ca, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.
“Site, Courses, Services, and/or Products” means www.instagrooms.com or www.instagrooms.ca Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, memberships and/or templates available on the Site.
“Site” means www.instagrooms.com or www.instagrooms.ca and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” “User” “Horse Owner” “Service Provider” “Groom(s)” “Instagroom” “Instagrooms” “Client” “Horse Groom” means the user, customer, service provider or viewer of the Site.
2. Consent:
By using the Site and/or making any purchase, book any service or accept any bookings of services you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
Horse owners consent by applicable law to have all their animals up to date on vaccinations, worming, licensing and identification where applicable. Owners abide by local laws and regulations for owning horses. Horse owners are required to carry mandatory insurance policies for their horses whose care you entrust to Instagrooms service providers and such policies will benefit services providers and third parties while taking care of your horse(s) on your property or any third party property.
Service providers are responsible for carrying their own insurance to cover themselves, third party involvement, and their animals and any animals they may be entrusted with, this includes but not limited to liability for injury, damage to property, transport of horses, death or illness that may occur while providing services through Instagrooms. Service providers are responsible for being legally eligible to provide services in their province, state and or country, comply with all laws and regulations, obtain proper business licenses, insurance, permits and file business taxes. Services providers are responsible for following applicable manure rules, stables rules, horse handling rules and other rules that may arise while taking care of horses on horse owners and or third party properties. Instagrooms is not liable for failure to follow rules. Service providers are responsible to know the rules of the facility which they may conduct services prior to conducting services on that property.
Instagrooms is not responsible to ensure all users have complied with the applicable laws, regulations and rules and will not be responsible or liable for a user or service provider's failure to do so.
3. Site Rules:
By using Instagrooms Inc Services, you hereby agree & consent not to: Abuse or harass any person through or on the Site Abuse the sites purposes or use in an unlawful manner Use Instagrooms Inc to compete with Instagrooms Inc or to promote other products or services Use Instagrooms service for the provision and purchase of services with another user and then complete the transaction for those services outside of Instagrooms Inc Communicate with users or services providers outside Instagrooms chat, automated text message services and communication platform. This includes suggesting communication outside Instagrooms platform. I.e.: a service provider cannot ask a user to text them on their personal cellular device. This is forbidden.
Add additional services outside the Instagrooms platform. I.e.: services providers cannot accept a booking and then in person charge for additional services that are paid for separately off the platform. Vice versa for users. Users cannot pay cash, credit or other forms of payment for additional services. Users must go through Instagram to book and request additional services. Post or transmit obscene, threatening, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
Use the Site in any way or for any purpose which violates any law of the United States or Canada and the jurisdiction in which you use the Site. Post or transmit any “spam” or unwanted, unsolicited, commercial content. Submit any viruses or malicious code to or through www.instagrooms.com. Post copyrighted materials, photographs, or content which do not belong to you. Impersonate any other person, create fake accounts or duplicate accounts. Provide false information on your profile Use banking information in a fraudulent or abusive way Interfere with other service providers and or user experience on the site Engage in fraudulent transactions or activities through the site. Authorize or transfer the use of your account to any other person. Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
Use Instagrooms Inc services for the use of any other animal other than horses, or equine related species. Exotic animals, dangerous animals, animals trained for protections and animals whose ownership is not authorized by the law are not permitted through the site.
Any violations of these rules results in suspension or termination of your account and use of the site.
3.1 Suspension/Termination/Deactivation
Instagrooms Inc has no obligation to provide services in a specific location and or territory, nor continue providing it once we have begun. We reserve the right to suspend or terminate your access to Instagrooms services and or account 1) if we find you in violations of any of our site rules, 2) if it is necessary to protect its users, horses and public use of our site 3) if we find you are using Instagrooms services in an unsafe and dishonest way.4) if you have repeat offensive of not providing adequate services, abuse of last minute cancellations for bookings (cancel 3 times within 24 hours of a booking), or failure to complete services booked for undetermined reasons. If you wish to deactivate your account, please contact Instagrooms customer support or find the deactivation link on your profile. Any outstanding payment obligations will survive suspension or termination but may result in restricted use of our site.
4. DISCLAIMER:
By using the Site, you understand that we are an online web platform, mobile application and have other related tools, support and services that horse owners “Users” and providers of horse related services “Service Providers” and or “grooms” can use to find, communicate with and interact with each other. Instagrooms includes support services, educational material and other services. Instagrooms charge fees for services. Instagrooms does not provide any pet services. Instagrooms is a neutral online platform for horse owners and horse grooms. Instagrooms provides customer support, educational resources and emergency phone support. Our Content is for informational and educational purposes only, and is based on our personal experience. We make no warranties or representation on the quality of care, experience or work provided by service providers or your interaction with service users. Services providers are not under the control of Instagrooms. Service providers are responsible for determining how they conduct their own services. Our site has general guidance, education and safety provided to all service providers, but it is up to the user to determine and communicate with potential service providers to determine the best fit for their horse. Instagrooms does not employ or endorse pet owners and users and to the maximum extent permitted by law, we will not be responsible for the performance or interaction between horse owners and service providers, online or offline. Instagrooms conducts a basic review of profiles, ID and experience, but otherwise do not screen service providers or horse owners. Service providers and horse owners are solely responsible for making the best decision for their horses based on the information provided.
5. Your Consent to These Terms & Conditions:
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
6. Changes To These Terms & Conditions:
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
7. Links to Third-Party or External Websites:
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
8. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Instagrooms Inc The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
8.1 Your Intellectual Property
Service providers and users are invited to create profiles and add photos, videos and information of themselves, their pets and their qualifications. We may require or ask you to upload additional media in connection to using Instagrooms site and or participating in promotional campaigns or ads. Users are able to submit reviews on service providers page, these may also be used for advertisement or promotional reasons. Reviews may be set as private or public and may be used as advertising purposes on Instagrooms and third party platforms.
8.2 License to Use Personal Information
By commenting on the Site, or submitting documents to Instagrooms Inc via contact form, email, or social media, you represent that you are the lawful owner of said content, documents, statements, and/or the information they contain. You grant us a license to use your comments, content or submissions in any way we see fit, as it relates to our business purposes. Except for limitation on our disclosure and privacy policy, you grant Instagrooms the non-exclusive, irrevocable, fully paid worldwide license to use, copy, promote and publicly display your content in connections to promoting our site and sublicence these rights to third parties who may be involved in promoting your content for the sole benefit of providing more awareness to the brand and your services.
8.3 Release of Your Personal Information
You agree to waive all rights and release Instagrooms and its users for using information you have provided on your profile such as your name, voice, image, likeness and performance or like thereof that is included in your content uploaded on the site of any claims, cause of action, defamation, copyright infringement, invasion of rights of privacy, and any similar claims that may arise out of the use of your content in accordance to with the license to use personal information outline in section 8.2.
8.4 Representation of Personal Information
You represent and warrant that the information you have provided through the site is in fact owned by you and you have all the rights to your content. You agree to have the permission to use and the rights to any individual or individual's animals that may appear in your content. Your content does not violate any of Instagrooms terms. We reserve the right to remove any fraudulent, non premises, and inappropriate content that you may upload that goes against our terms and conditions and or that may violate other users or individuals privacy rights.
9. Our Limited License to You:
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate U.S. or Canadian intellectual property laws unless authorized by us in writing beforehand.
10. Communications Between Service Providers and Users:
Communication between services providers and users is only permitted through the Instagrooms platform. Service providers and users agree to not give out personal contact information such as email, cell phone number or other means of communication and providing services off the site. Users are encouraged to arrange meet ups with service providers prior to booking services to determine the right fit for their needs and horses’ needs. It is your responsibility to make sure the contact information on Instagrooms is up to date. If you change your phone number or email please make sure to update in a timely manner. You consent to your phone number or email may be used by our automated system to send chat messages, service notices, information and or marketing. Instagrooms is not responsible for any service charges that may apply when sending such messages.
11. Purchase & Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
11.1 Currency
All fees, deductible amounts and other payments on or charged through Instagrooms are listed and payable in local currency, or defaulted as USD. Please check currencies before booking.
11.2 Setting Rates
Service providers are responsible for setting their own rates. Instagrooms suggest approx. market value rates for service providers to base their charges off. It is the responsibility of the service providers to set rates according to their local industry, qualifications, experience and knowledge. Service providers can adjust their rates at any time. Extra service charges are optional and can be set on the service provider's profile. Travel and accommodation fees must be discussed before confirming booking, these can be set as additional fees. It is up to the service provider to discuss in detail the service that is required in order to charge properly. Horse owners can book one service to request a booking as then request to add additional services after. Instagrooms is not responsible for lack of services due to unfair or unrealistic pricing. Instagrooms is not responsible for unpaid fees due to improper booking and service charges.
11.3 Fees for Horse Owners
Horse owners may purchase horse services from a service provider by completing a booking through Instagrooms. You enter into a transaction with the service provider when you accept a booking and you agree to pay the total fees indicated in the booking. The total amount may include a service fee payable to Instagrooms. Taxes may also be charged where applicable by law. The service provider, not Instagrooms, is responsible for providing the service booked.
11.4 Fees for Service Providers
Service providers agree to pay Instagrooms a service fee upon completion of booking as described in section 11.6. Service providers may agree to provide services to horse owners by agreeing to a booking. You must agree to the booking before it expires in order to complete the transaction. Once the booking is complete you agree to honor the rates agreed to on the booking. Instagrooms’ role is to facilitate the transaction and collect payment through the site. Instagrooms will initiate payment to service providers 48-72 hours after the service period is completed. Service fees will be deducted from final payment. Services providers are responsible for paying taxes on the amount received.
11.5 Membership Fees
Membership fees are charged to the service providers as a onetime annual fee for using the site, its content, and platform services. Users may choose to pay membership fees to gain access to educational courses, educational blog posts and future online classes. Membership fees are subject to change. Promotions or coupon codes may be applied for discounts on memberships when Instagrooms does promotional marketing. Membership fees are nonrefundable. Service providers pay membership fee upon completion of their profile. Users can choose to pay membership fee through their profile settings.
11.6 Service Fees
Instagrooms charges service fees to the service provider and user upon completion of each individual booking. Fees are calculated as a percentage on their total booking a user agrees to pay you and is collected for each booking. Percentages vary depending on the services booked.
11.7 Late Fees and Additional Charges
Late fees may incur when you fail to return at the end of your service period. As a horse owner you agree that you will be charged each day that you do not return and relieve the service provider of their duties. You also agree that Instagrooms may charge your credit card for additional fees incurred due to your failure to retrieve your horse or relieve your service provider from their duties.
11.8 Refunds and Cancellations
Cancellation by the Service Provider. If a service provider cancels before or during the booking, Instagrooms will refund the fee paid for services not provided as well as any other service charges paid to Instagrooms. If you are a service provider, we encourage you to appoint another service provider to complete your booking by contacting Instagrooms to modify your booking, this can only happen if the user agrees to the new service provider. If you do not find a substitute and have repeat cancelations of accepted bookings without reason, Instagrooms will terminate or suspend your account.
If a user cancels a booking prior to or during a booked service, Instagrooms will refund the fee according to the service provider's cancellation policy. All service providers are required to select a cancellation policy prior to booking.
This cancellation policy may not apply in the case of a natural emergency such as an earthquake, hurricane, wildfire, floor, war, riot, or other similar scenarios where it's impossible to go ahead with booking. In this case full payment will be refunded.
If you wish to cancel a booking, please view the appropriate steps on the site to do so in a timely manner. The date of the cancellation is the date the booking is cancelled on Instagrooms, not when discussed between users.
Refunds may be appointed if the service provider fails to complete booking as agreed upon with the user. This is determined on a case-by-case basis. Full or partial refunds may apply.
12. Payment Collection
Instagrooms accepts all payments from users before the service date and releases money to all service providers 48-72 hours after booking completion date. Once these payments/ transactions are complete, any further payment dispute is between the service provider and the user. Instagrooms has no liability with respect to tips, bonuses, and or other payment for services outside of the Instagrooms platform.
12.1 Payment Holds
Payments may be held if determined fraudulent and or invalid banking information is provided.
12.2 Payment Authorization
Users authorize Instagrooms to charge their up to date credit card provided for services booked through the site along with any additional fees that may incur. You are responsible for maintaining up to date debit or credit card information on the site. Instagrooms has the right to charge additional processing fees if the credit card on file is expired or cannot be authorized. If payment does not go through, Instagrooms and the service providers are not responsible for providing services associated with those fees. All fees are non-refundable once paid except for those outlined in these terms.
12.3 Payment Taxes
Apart from Instagrooms collection and payment of taxes for their corporation purposes, Instagrooms is not reliable or responsible for service providers or users' responsibility to pay applicable taxes that may result in offering services, booking services, or other purchases made through the site. This includes any form of sales tax, income tax, or VAT tax received by you through Instagrooms.
12.4 Payment Processing
All payment processing and receiving services are provided by Stripe and subject to Stripe Service Agreement and the Stripe Connected Account Agreement available online through Stripe’s website. When accepting or receiving payment you will be asked to agree to Stripes terms of service. You agreed to provide accurate information through this platform in order to ensure the best use of this site. Instagrooms has the rights to switch payment processing systems or have alternate backups to keep the site running smoothly.
13. Sharing the Site & Its Content:
You are prohibited from sharing or distributing the Site and its Content for commercial purposes without prior written permission from Instagrooms Inc. To request permission, please contact us via email at admin@instagrooms.com. While you are allowed to share the Site for personal purposes, we request that you always link directly to the Site and/or use the referral link provided when you sign up. If you share the Site or its Content on social media, your own website, or any third-party platforms, you must credit Instagrooms Inc and link back to the Site. You are not permitted to imply ownership or authorship of the Site or its Content, unless you are sharing your personal profile or content that you have specifically created. This includes all content, such as photographs, provided by the Site.
13.1 Referral Program
The requirement for written approval to share the Site does not apply to our Referral Program. If you participate in our Referral Program, you are encouraged to share your custom referral link and code to invite new clients or service providers to join the Instagrooms community.
Instagrooms may offer rewards in the form of monetary or non-monetary compensation, including but not limited to credits, discounts, prepaid cards, bonuses, or other promotional rewards. The terms and conditions of these rewards may vary depending on the specific referral promotion being offered at the time.
13.1a Referral Program Purpose The purpose of the Instagrooms Referral Program is to help service providers build their client base and increase their earnings by incentivizing users to refer new clients or service providers to the platform. This program is designed to encourage our users and service providers to expand the Instagrooms community and help new users discover the benefits of the platform.
13.1b Referral Program Eligibility To be eligible to participate in the Referral Program, you must be an active user or service provider with a valid account on the Site. By participating, you agree to comply with the Site’s Terms of Service. If you do not agree to these terms, you are not eligible to participate in the Referral Program.
13.1c Referral Program: Qualified Bookings Referral rewards will only be awarded when a new user books a service, or when a service provider completes a service that is booked and paid for through the Site. Both the service must be completed, and the payment must be processed through Instagrooms to qualify for the referral reward.
13.1d Referral Rewards Referral rewards may be provided in various forms, including but not limited to monetary rewards, non-redeemable Instagrooms credits, store or course credits, prepaid gift cards, and other promotional incentives. The exact nature of rewards may change from time to time based on the promotion.
13.2 Ways to Refer
As a participant in the Referral Program, you will be provided with a unique referral URL linked to your profile, as well as a custom promotion code. These are the primary tools for tracking your referrals. If the person you refer does not use your unique referral link or code, you may not be eligible for referral rewards.
Referral links and codes may be shared through email, text message, or other third-party platforms. If you choose to share your referral link on social media, you must comply with the platform’s terms of service and community guidelines. We recommend limiting the distribution of your referral code to your own personal network (e.g., friends, family, colleagues) and avoiding posting it in public social media groups or forums that reach beyond your personal network.
Additionally, referral links and codes should not be sent en masse to individuals you do not personally know, nor should they be published on the Instagrooms website, Instagrooms social media pages, or in direct messages on the platform. "Spamming" referral links or codes on third-party platforms or in mass marketing efforts is strictly prohibited. You are also required to comply with all applicable laws and regulations related to referral programs and marketing on third-party platforms.
Please do not attempt to redeem your own referral code or link, nor those of individuals within your household, or anyone with whom you share a primary residence or business operations.
13.3 Protecting Instagrooms’ Interests
Instagrooms reserves the right to modify or terminate the Referral Program at any time, without notice. We also reserve the right to disqualify users or service providers who abuse the referral system, violate the Site’s Terms of Service, or engage in fraudulent or unethical behavior.
Instagrooms is not responsible for any violations of third-party platform terms of service or any legal implications that arise from your use of referral links. We advise you to always act in good faith and in compliance with all relevant laws and regulations when participating in the Referral Program.
By participating in our Referral Program, you agree to these terms and understand that you are solely responsible for the proper and lawful use of your referral links and codes. Instagrooms is not liable for any issues or disputes that may arise as a result of improper use of the Referral Program or any associated rewards.
14. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
15. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, Memberships and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, Memberships and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
16. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Instagrooms Inc’s Courses, Services, Memberships and Products, you agree to release, forgive, and forever discharge Instagrooms Inc, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, injury, illness, loss or harm and/or costs, whether known or unknown, both legal and equitable in any manner. Instagrooms has no liability for any claims, injuries, loos, harm and or damages arising or related to your interaction and dealings in between users and services providers on the site. You acknowledge and agree that your use and provision of horse services is at your sole and exclusive risk. Any financial obligation Instagrooms may have to its users in relation to user conduct are limited to reimbursement set forth in our refund section.
17. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Instagrooms Inc does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
18. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for a course and services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Administrator at admin@instagrooms.com
19. ARBITRATION CLAUSE:
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for the course and services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Administrator at admin@instagrooms.com
If you have any complaint or should any issue arise in the use of the Site or Instagrooms Inc Courses, Services, and/or Products, please contact us directly first by emailing Administrator at admin@instagrooms.com
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Instagrooms Inc shall submit your dispute to binding arbitration with the the Canadian Arbitration Association before an arbitrator that is mutually agreed upon, in accordance with the Canadian Arbitration Association’s (“CAA”) rules at https://canadianarbitrationassociation.ca/.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 100 kilometers of Langley, British Columbia.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the Province of British Columbia The only award that can be issued to you is a refund of any payment made to Instagrooms Inc for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
20. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the Province of British Columbia, Canada.
21. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal or Supreme Court in Canada for the Province of British Columbia or a provincial court located within the Province of British Columbia in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, Referral Policy or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
22. Consent to Service:
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the Province of British Columbia for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the Province of British Columbia.
23. Payment & Purchases
When you purchase or download one of our Courses, Services, Memberships, or Products from us or through the Site, payments are processed by third-party payment providers, such as Stripe Connect or PayPal. Instagrooms Inc does not directly process any payments. You agree that by completing a purchase, you authorize the third-party payment provider to charge your selected payment method (e.g., credit card, debit card, or prepaid Visa card) for the total purchase price.
Upon successful payment, you will receive an electronic receipt from the third-party payment provider, which you should retain for your records. If you select an installment or "pay over time" option, you agree that the third-party payment provider has permission to automatically charge the agreed-upon installment amounts on the specified dates, without further authorization from you.
In the event that your payment method fails or is declined by the payment provider, access to your Courses, Services, and Products may be suspended or canceled. You are still responsible for the full payment of your Purchase, even if your payment method is declined.
We do not accept chargeback threats (real or threatened). Should a chargeback be placed on any payment for a Purchase or Download, we will report the incident to the third-party payment provider and any relevant credit reporting agencies. This may negatively affect your credit report and/or credit score. If you would like to resolve any chargeback-related issues, please contact us directly to settle any outstanding payment. Once the payment is received, we will work with the third-party payment provider to remove any negative report from your credit history, if applicable.
Please note that payment processing providers (e.g., Stripe Connect, PayPal) have their own privacy policies and practices, which may differ from ours. Instagrooms Inc is not responsible for any actions or practices of these third-party payment providers. We are not liable for any issues that may arise due to the use of their services, including but not limited to security breaches, payment failures, or unauthorized charges.
By using our Site and making a purchase, you release Instagrooms Inc from any liability related to your use of third-party payment services and agree not to hold us accountable for any damages arising from such transactions.
24. Limitation of Liability:
Instagrooms Inc is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, Memberships and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
25. Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless Instagrooms Inc, and all of our owners, shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third- party or by Instagrooms Inc (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.
26. Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, Memberships and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions Privacy Policy, Referral Programs, Disclaimer, or any other terms to which you have agreed to.
27. Entire Agreement
These Terms & Conditions our Privacy Policy, Referral Programs and Disclaimer constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
28. Severability
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
29. Your Privacy & Security on the Site:
Please read our Privacy Policy for how we handle your personal information.
30. Contact
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
Website: www.instagrooms.com and/or www.instagrooms.ca
Email: info@instagrooms.com