TERMS AND CONDITIONS OF PRODUCT PURCHASE AND USE
1. Parties. This Agreement is made between the Academy of Culinary Nutrition (“ACN”), a division of Meghan Telpner Inc., a corporation operating out of the Province of Ontario (“ACN”, “we”, “our”, and “us”) and you (“you” and “your”).
2. The CNE Course. The Culinary Nutrition Expert Program course (the “CNE Program”) is for serious students only. It’s a professional-level program that requires time, energy and creativity (we estimate 12-16 hours per week). We have seen that students who do the work and practice what they learn, see enormous gains in your applied culinary nutrition knowledge. All students must abide by the expectations in Schedule A. The CNE Program has four levels, Certified, Certified Professional, Certified Deluxe, and Honorary.
2.1. Regardless of level, the CNE Program includes:
2.1.1. cooking demonstration and lecture videos,
2.1.2. course notes,
2.1.3. full 14 week curriculum,
2.1.4. weekly livestreams with Meghan Telpner or a member of the ACN coaching team for the duration of the course, and
2.1.5. regular assignments including written assignments, recipe assignments, home study, and module quizzes. Assignments and Quizzes are available but not mandatory for the Honorary Level.
2.2. Printing. Some people love learning on paper, and we get that. You are welcome to print course materials for your own educational use during the course.
2.3. Payment. Payment of the CNE Program is due upon completed purchase of the CNE Program. You agree to pay the price, including the possibility of a payment plan (recurring subscription until terms of payment are complete), of the CNE Program as advertised through our media and website. If a payment fails before or during the CNE Program, your status will be changed to “delinquent” and your access to the CNE Program will be put on hold until your outstanding payments are made. Payment plans are subject to an additional 10% administrative fee.
2.4. Recurring Subscriptions. If your method of payment includes an auto renewal feature (“Recurring Subscription”), you authorize Stripe to maintain your account information on behalf of ACN and charge that account automatically upon the renewal of the CNE Program with no further action required by you.
2.5. Payment Failure. In the event that your payment fails, you will not be able to access any of the information or content of the CNE Program. In the event of three failed payments, you understand that ACN may contract a collection agency to collect the money from you. Any partial payments will not be refunded.
2.6. Refunds. We offer CNE refunds only in the specific situations listed below. No other refunds are considered. ACN reserves the right to deny any refund request. If a refund is granted, access to the Materials is revoked immediately. Our refund request policy is as follows:
2.6.1. Deluxe, Certified, and Certified Professional Level: a 50% refund may be requested only during the 7th week of the program if the student has completed and submitted all the work including quizzes for modules 1, 2 (Parts 1 & 2), 3 and 4, and all recipe and cooking assignment up to recipe assignment 4 and the written assignment 4 by each specified due date with a passing grade for each.
22.214.171.124.1. For 2020 Students, this is the week of October 26 to 30, 2020
126.96.36.199.2. For 2021 Students, this will be the week of October 25 to 29, 2021
2.6.2. Honorary: a 50% refund may be requested only during the 7th week of the program. Requests must be received in writing during this period and outline specifically how the program did not deliver on what was outlined in the course catalogue.
188.8.131.52.1. For 2020 Students, this is the week of October 26 to 30, 2020
184.108.40.206.2. For 2021 Students, this will be the week of October 25 to 29, 2021
2.6.3. Emergency: should a sudden emergency occur such as prolonged student illness or accident, death in the immediate family (spouse, child, or parent), you may request a limited refund of tuition which is reasonable and fair to ACN.
2.6.4. Program Discontinuance. If the program is permanently discontinued by ACN while students are still enrolled and the program is ongoing, and ACN is still offering nutrition training programs, all monies paid to ACN for students enrolled and actively participating in the program at the time it is discontinued will be refunded 75% of the fees paid.
2.7. Program Level Changes. If you cannot keep up with the pace or rigor of the program, you may drop down to the Honorary level. If at a later date you wish to upgrade your level, you must complete the assignments and pay a supplemental non-refundable upgrade fee of $950. You will be required to abide by the deadline schedule of the next running course. If you wish to upgrade prior to the beginning of the term in which you are enrolled, and space is available, you will only be required to pay the difference between what you have invested and the current listed price for the program.
2.8. Your Conduct. You are solely responsible for all videos, images, information, or other data that you upload, publish, or otherwise use via, or in relation to, the CNE Program or other product. ACN reserves the right to remove any kind of offensive or inappropriate content about the CNE Program, and to suspend or terminate your access to the CNE Program in such an event. We also reserve the right to remove or object to any false and slanderous comments made about ACN, the CNE program, other products, our staff, instructors or fellow alumni on social media or elsewhere on the internet. If removed, ACN will send a written notice of such rejection and may refund monies paid for tuition to that date, less 25% of tuition paid to that date.
3. Other Digital Products and Courses.
3.1. Video Courses. All video courses (excluding the Culinary Nutrition Expert Program) are designed to deliver on what is outlined in the video course description, and are final sale.
3.2. Digital Products. All digital products including eBooks, Mp3’s, coaching programs and meal plans are final sale.
3.3. Teaching Resources Portal. When purchasing this product Meghan Telpner Inc. grants you a limited, nonexclusive, non transferable, revocable license, without warranty, to use the teaching resources and class information (the “Licensed Materials”) for educational purposes. This means we are granting you special permission to use our Materials in a limited way and you are not allowed to share, distribute or license them to anyone else.
3.3.1. Licensed Materials also includes all materials copyrighted, trademarked and owned by Meghan Telpner Inc. including graphic designs, images and registered trademarks belonging to ACN, including but not limited to advanced training video program, Culinary Nutrition Expert Program, course livestreams, Biz Rocking Insider Program, and Teaching Resources Portal.
3.3.2. “Confidential Information” means all content, course materials, words and images part of ACN’s methods, teaching and training, regardless of whether they are registered or protected as the intellectual property of ACN, which are not available to the public at large.
4. Media Release. We think you’re awesome and want to show you off! By being a student with ACN, you agree to grant us the irrevocable right to use your image, likeness, photos, video content, audio recordings captured of you on a video call or participating in the CNE Program or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to such use. Please let us know If you ever want us to stop using an image of you.
5. Individual Login Access. Any passwords and user IDs used to access the CNE Program or other products as part of this Agreement are for your individual use only. You are responsible for the security of your password and user ID and for all activities that occur under your user ID and password. You agree to notify us or the third party operator immediately of any unauthorized use of your password or account or any other breach of security. ACN will be entitled to monitor passwords and user IDs and, at its discretion, require you to change passwords. You further agree that ACN will not be responsible for the unauthorized use of your profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. ACN cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions. Should you violate this provision or any other provision in this Agreement, ACN reserves the right to immediately revoke your access to the CNE Program or other product and block your access of the website or online program, without providing any refund.
6. Interactions in the Course. You are responsible for your own actions and interactions with any other user in connection with the programs. ACN will have no liability or responsibility in this regard, however we reserve the right, but have no obligation, to become involved in any way with disputes between you and any other users. This includes revoking access to the materials with no refund.
7. No Guarantees. As this is an independent study arrangement, it is up to you what you get out of the CNE Program or other products. No guarantees can be made for the results from this program.
8. Ownership of Intellectual Property. All materials provided in connection with this Agreement, including without limitation, written or printed documents, photographs, audio and video recordings and software programs, and all copies and derivative works relating thereto (the “Course Materials”), are and will remain the sole and exclusive property of ACN. You have a limited, non-exclusive right to use the Course Materials to the extent necessary to complete the CNE Program or other products. An example of something you are not allowed to do with the Course Materials would be to create a photocopy or reproduce the Course Materials and give it to a friend or sell it to someone. Another example would be to use the Course Materials to create your own online program, or to provide them to someone else who intends to do so. Any original material generated by you during the course (such as a recipe) will remain the property of you, and will not be published without your written permission.
9. Loss of Access. ACN retains the right to revoke your access to the CNE Program, other products, and any Course Materials in the event that you do not make your payments or if you steal any of our intellectual property, or engage in inappropriate or offensive conduct.
10. Third Parties. You are prohibited from sharing any information that you receive through the CNE Program or other products with any third parties, without our consent. In the event that you do share any information regarding the CNE Program, ACN will exercise our full legal rights to remedy the situation.
11. Limitation of Liability. ACN makes no representations or warranties of any kind, express or implied, with respect to the CNE Program, other products, or Course Materials, including without limitation, any warranty, fitness for a particular purpose, title or non-infringement of third-party rights, and ACN hereby expressly disclaims the same.
11.1. In no event will ACN be liable for special, incidental, indirect or consequential damages (including without limitation, lost profits or revenues), or other liability arising out of or in connection with this Agreement, regardless of the form of action, whether or not ACN has been advised, or otherwise might have anticipated the possibility of such damages.
11.2. You alone are responsible for your actions and results in life, health and business. When addressing health matters in any of our programs, websites, videos, newsletters or other content, they are for educational purposes only and do not replace, or override the advice of your own medical health representative(s). We do not claim that anything taught in our programs, available on our websites or contained in our videos, newsletters, social media, emails, books or other content, will treat or cure any disease.
11.3. We make no representations, warranties or guarantees that you will achieve any results from our ideas or content presented in our programs, available on our websites or contained in our videos, newsletters, books, social media, emails, and we offer no professional, legal, medical, psychological or financial advice in connection with same.
12. General Indemnity. You hereby fully indemnify Meghan Telpner Inc., ACN and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Indemnified Parties”) and save harmless the Indemnified Parties from any losses, claims, damages, actions, causes of action, costs and expenses that an Indemnified Party may sustain, incur or suffer at any time, which are based upon, arise out of or occur, directly or indirectly, by reason of any act or omission by you in your use of the CNE Program or other products, provided that where ACN has contributed to such liability by its own negligent conduct, your indemnity obligation will be limited proportionately.
13. Standard Legal Things. Jurisdiction. This Agreement will be governed exclusively by the laws and courts of the Province of Ontario. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by me of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.
SCHEDULE A EXPECTATIONS
This Schedule sets out the Expectations that you must meet to remain enrolled in the CNE Program. Failure to meet these is grounds for termination.
1. Treat all staff and other students with respect.
2. Turn in work on time. This means that if you do not submit one of your assignments on time, you will not be eligible to receive the Culinary Nutrition Expert designation. (You may still complete the rest of the Program for your own general interest and will have ongoing, unlimited access for a minimum of 12 months to the pre-recorded workshops.)
3. Complete and participate in all aspects of the Culinary Nutrition Expert Program as outlined in the course outline, agreed to in our student handbook, reviewed during the orientation session, and posted in the Culinary Nutrition Expert Program portal.
4. All quizzes must be completed with a passing grade in 3 tries or less or we reserve the right to withhold certification.
5. Please note that the Culinary Nutrition Expert Program is an English-language program. We require you to submit your assignments in English, so we can accurately gauge your understanding of the course material. If you’re concerned about your ability to submit assignments in English, please contact us so we can determine whether the Culinary Nutrition Expert Program is a good fit for you.
Reach Out. Please feel free to connect with ACN to ask us any questions. All communications should be directed to email@example.com.
In Great Health,
The Academy of Culinary Nutrition Team