1. Introduction and acceptance
These terms of service (the "Agreement") govern your access to and use of nicolascava.com (the "Website") and any services, products, or digital content offered through it (the "Services"). The Website is operated by 17900490 Canada Inc., operating as Nicolas Cava (the "Company", "We", "Us", or "Our"). Any person accessing or using the Website is a "User" ("You", "Your").
By accessing or using the Website, you accept and agree to be bound by this Agreement and all published policies, including our Privacy policy. If you do not agree with any part of this Agreement, you should not use the Website.
2. Description of services
The Services include digital products, coaching services, fractional leadership services, and related content offered through the Website. We may modify, suspend, or discontinue any part of the Services at any time, without prior notice.
3. Access and account
Some features of the Website may require an account. You agree to provide accurate and complete personal information when creating one, and to keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, and you agree to notify us promptly of any unauthorized use or security breach.
We may limit the availability of certain features or restrict access to parts or all of the Website at our discretion. You must be at least 18 years old and legally permitted to use the Website in your jurisdiction.
4. Intellectual property
All content on the Website (including text, graphics, logos, images, software, digital products, and documentation) belongs to the Company or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit Website content without our prior written consent, except as expressly allowed by the applicable product license.
5. Acceptable use
When using the Website and Services, you agree not to:
- Violate any laws, regulations, or third-party rights.
- Transmit harmful, threatening, abusive, defamatory, or otherwise objectionable content.
- Attempt unauthorized access to the Website, other users' accounts, or our systems.
- Interfere with or disrupt the Website or the infrastructure it runs on.
- Use bots, scrapers, crawlers, or other automated access without our written permission.
- Share, resell, or redistribute purchased digital products or services without authorization.
6. Fees and payment terms
General
Unless stated otherwise, all fees and payments are quoted in US dollars (USD). For Canadian businesses, fees are converted to Canadian dollars (CAD) at the time of invoicing. You are responsible for all fees, payments, and applicable taxes related to your purchases. By making a purchase, you confirm that you are legally permitted to use the payment method provided. We may refuse a transaction or service at our discretion.
Coaching and fractional services
Coaching and fractional leadership services are billed at a flat monthly fee, due one month in advance. For example, if services begin January 1, the fee is due by December 1.
Late payments
If payment for an upcoming month is late, services pause immediately and resume only once payment is received.
No shows
Coaching sessions missed without at least 24 hours notice are charged in full.
Payment security
Online payments are processed by Stripe. Full card numbers are never stored on, or accessible to, our servers. Transactions are encrypted and transmitted over TLS.
7. Cancellation and refund policy
Digital products
Refunds for digital products may be requested within seven days of purchase, provided the product has not been substantially consumed or downloaded. Refund eligibility may vary by product and is noted on the product page where applicable.
Coaching and fractional services
Refunds for coaching and fractional leadership services are generally unavailable after services have been delivered. Exceptions may be made at the Company's sole discretion.
How to request a refund
Send refund requests to hello@nicolascava.com within the applicable refund window. Please allow up to five business days for us to process a refund; depending on your financial institution, it may take up to 10 additional business days to appear.
8. Limitation of liability
To the fullest extent permitted by law, the Company is not liable for any direct, indirect, incidental, special, or consequential damages related to the Services (including, for example, lost profits, lost income, emotional distress, or other damages), including claims related to:
- Services provided, or any failure to provide them.
- Information, advice, or content provided through the Services.
- Any breach of this Agreement.
- Unauthorized access to or alteration of your data.
Our total aggregate liability is capped at the fees you paid to the Company in the six months preceding the claim.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its owner, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Website or Services, your violation of this Agreement, or your violation of any third-party rights.
10. Account termination
We may suspend or terminate your access to the Website or your account at any time, with or without cause, and with or without notice, including for:
- Violation of this Agreement or applicable law.
- Non-payment of fees.
- Conduct we deem harmful to other users or the Services.
- Extended inactivity.
Upon termination, your access ceases immediately. The Company is not liable for any termination of access. Sections of this Agreement that by their nature should survive termination (including limitation of liability, indemnification, and governing law) remain in effect.
11. Modifications to this agreement
We may modify this Agreement at any time. Changes are posted on this page with an updated "Last updated" date. Your continued use of the Website after changes take effect constitutes acceptance. You are responsible for reviewing this Agreement periodically.
12. Governing law and jurisdiction
This Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. You agree to the exclusive jurisdiction of the courts of the judicial district of Quebec City, Quebec, Canada.
13. Dispute resolution
Before initiating formal legal proceedings, you agree to contact us at hello@nicolascava.com to attempt an informal resolution. Both parties will negotiate in good faith for 30 days. If the dispute is not resolved informally, either party may pursue remedies available under the governing law.
14. Force majeure
The Company is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, acts of government, pandemics, internet or telecommunications failures, cyberattacks, or other force majeure events.
15. General provisions
Nothing in this Agreement creates an agency, partnership, joint venture, or employment relationship between you and the Company. If any provision of this Agreement is found invalid or unenforceable, that provision is struck and the remaining provisions continue in effect. The Company may assign this Agreement upon notice to you. Headings are for reference only. Our failure to act on a breach does not waive our right to act on later or similar breaches.
16. Contact us
Questions about this Agreement can be sent to hello@nicolascava.com.
17900490 CANADA INC., OPERATING AS NICOLAS CAVA
6020 RUE RENÉ-AUCLAIR, G3E 0E2 QUEBEC CITY, QC, CANADA
NICOLASCAVA.COM