Privacy Policy &
Terms of Use
Please read all the terms and conditions of this Agreement with KCI Management Inc. cob as Maestra (“Maestra”) carefully. By clicking “I agree”, by using the Maestra service, or by signing an order or other document referring to this Agreement, you (the “User”) agree to be bound by the terms and conditions of this Agreement, even if you have not read them. It is important to read this entire Agreement. In particular, it contains provisions that may limit your rights, such as the section entitled Limitations.
1. Services: The Maestra service (“Service”) provides training relating to event planning and managing. The Service is available online and as a mobile app.
2. Service Restrictions: The Service is intended for the personal use of the User. The User will not: (a) reproduce, sell, rent, assign, lease, sublicense, distribute, pledge, serve third parties, market or commercially exploit, in any way, except as provided in this Agreement the Services or any component thereof; (b) use the Services except as authorized herein; (c) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear during use of any Services; or (d) use the Services for activities that are illegal or unethical. Maestra may deny access to Users in certain jurisdictions.
3. Fees: The User will pay Maestra an annual subscription fee to use the Service in the amount specified by Maestra. Fees are subject to the payment of all applicable taxes. Maestra may change fees payable for the Services by posting the new fees at least 60 days in advance, which will not commence prior to the end of the then current Term.
Fees are not refundable absent default by Maestra.
4. Term: The term of the Services (the “Term”) will be annual and renew automatically on an annual basis. The Term may be extended by the User for a further one-year term by paying the annual fees. Maestra may terminate this Agreement at the end of the then current Term by giving at least 3 months prior notice. You may cancel your annual subscription at any time by logging into your account and visiting the Subscription or Billing section, where you can follow the prompts to cancel. Cancellations will take effect at the end of your current billing period, and you will continue to have access to the Service until that date. Please note that we do not offer refunds or credits for partial subscription periods or unused services.
5. Security: Logon ID’s, passwords or other authentication are required to access the Services. It is the User’s responsibility to protect that information, including without limitation, to use effective passwords that are not easily guessed or discoverable, and not share them with others. The User is responsible for all activity carried on under its account.
In the event of any suspected unauthorized use of the Services, or any suspected breach of security, including loss, theft, or unauthorized disclosure of password information, the User will notify Maestra immediately. In the event of a breach of security, the User will remain liable for any unauthorized use of the online Services until it notifies Maestra of such breach.
6. Ownership: All tools, services, software, resources, material, creative works, data, and information supplied as part of the Services are the property of Maestra, or third parties. The User may use them as described herein, but does not otherwise acquire any rights to them, and may not use or disclose them for any other purpose.
7. Updates: The Services will be updated by Maestra from time to time at no additional cost to the extent it provides such updates to its customers generally. Additional features may be made available from time to time for an additional cost.
8. Support: Maestra will provide support (“Support”) for the Services as described on the Maestra website at maestraevents.com.
9. Default: This Agreement is effective until terminated.
Maestra may terminate this Agreement or suspend the provision of Services, if not cured within 15 days following receipt of notice of default, upon the occurrence of any of the following events: (a) User fails to comply with any provision of this Agreement, uses the Services beyond the scope described herein, or fails to pay when due; or (b) User attempts to assign, sub-license, or otherwise transfer any of its rights under this Agreement without the consent of Maestra.
10. User Responsibility: The User is responsible for all activity conducted using the Services.
11. Service Levels: Maestra will use commercially reasonable efforts to keep online Services operational on a continuous basis, subject to reasonable maintenance requirements and matters beyond Maestra’s reasonable control.
12. Warranty: Maestra will make reasonable efforts to enforce any service level and warranty obligations of its suppliers.
Maestra does not warrant that the Services are error free, that it will operate without problems or without interruption, or that it will satisfy the User’s expectations. The Services provide training, and the effectiveness of such training is dependent on the User.
The User acknowledges that Maestra may provide Services using services and software provided by third parties. Not withstanding anything else contained in this Agreement, Maestra’s, and such third parties, warranties and liabilities for any matters arising from such services and software will not exceed those provided to Maestra from such third parties.
13. Limitations: All promises made by Maestra are contained in this Agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non-infringement, or otherwise) apply.
The User cannot collect any damages from Maestra for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or exceed the annual fee paid by the User to Maestra hereunder.
Maestra relies on these limitations when entering into this agreement and setting its fees. They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.
14. Governing Law: This Agreement will be interpreted in accordance with and governed by the laws of the Province of Ontario, Canada, excluding conflicts of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby submit to the non-exclusive jurisdiction of the courts of Ontario, and the Federal Court of Canada. Any actions against Maestra must be commenced in the courts of Ontario or the Federal Court of Canada.
Not withstanding the above, Maestra may use, share, and monetize anonymized and aggregate data (which will not identify the User or any individuals) for uses at its discretion.
15. Privacy: Maestra collects only basic contact information of its Users. User fees are collected by third party payment processors, and Maestra does not see or retain any payment card information. Maestra may collect User use metrics reasonably required to provide the Services such as IP addresses. Maestra will treat User information as required under applicable privacy legislation and its privacy policy. Maestra will not use or disclose such personal information in any way except to the extent necessary to provide the Services. Maestra may use anonymized and aggregated data (which will not identify Users) for uses at its discretion. Maestra will use security measures adequate to the sensitivity of the personal information to protect personal information. If Maestra subcontracts any part of its obligations hereunder it will obtain contractual obligations similar to this section from the subcontractor. See our privacy policy for more detail.
16. Prior Agreement: This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all prior and contemporaneous agreements, purchase orders, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral. No oral or written representation that is not expressly contained in this Agreement is binding on either party. This Agreement cannot be amended or modified, other than by a change made in writing, dated and executed by the parties.
17. Survival: The provisions of this Agreement pertaining to Confidential Information, privacy, and non-solicitation will survive the termination of this Agreement. Other sections pertaining to rights and obligations which by their nature should survive termination are hereby confirmed to so survive.
18. Force Majeure: Maestra is not liable for an omission or delay in the execution of its obligations hereunder caused by an event beyond its reasonable control. The time for the performance of the obligation that is so delayed will be extended by a reasonable time, provided that payments will not be delayed.
19. Notice: All required notices, or notices which may be provided in accordance with this Agreement, will be in writing and will be duly provided for if the notice is remitted to its addressee by courier, mail, or e-mail (provided that notices sent by e-mail are only effective if the recipient confirms receipt by reply email), if to Maestra to: KCI Management Inc. cob as Maestra, 30 Picton St. London, ON Canada N6B 2L8, info@maestraevents.com and if to the User to the email address provided by the User. Every notice delivered in the manner provided for herein will be deemed to have been received: when delivered or by e-mail the first business day after the date received; or the fifth business day following the date of mailing, if sent by mail.