Terms of Use Agreement & Privacy Policy

These are the terms and conditions pertaining to the domain of levelthree.coach, sub domains and any affiliated domains and pertain to any and all use of the pages hosted on said domain as well as any actions and transaction.

The term of these Terms & Conditions runs for the entirety of the use of the Site and matters ancillary thereto

PART 1: DEFINITIONS

    1. "Agreement" means these terms and conditions which may be changed from time to time upon notice through the aforementioned domain as well as associated contractual agreements engaged with the Company;

    2. "Company" means the Window Three LLC a duly registered organization under the laws of Indiana trading as Level Three Coach;

    3. "Fees" means any charges which this Site charges per transaction;

    4. "Intellectual Property Rights" means all intellectual property regardless of the source of their protection and the nature thereof, anywhere in the world;

    5. "Personal information" or "Your information" means “Personal information”, “your information” or “information” are used interchangeably in this Agreement and all mean any and all information you provide to us in using this Site insofar as required for the purpose of the Site and as protected by statute;

    6. "Platform” means the operational management of the Site;

    7. "Services" means the online sales by which a person, firm or company may sell or buy goods or services on this Site;

    8. "Site" means the entire domain relating to the online platform of the Site using the primary domain of levelthree.coach

    9. "User" or "Users" means any person (including juristic persons) who is otherwise making use the Site regardless of whether they are the party who undertook to engage payment for relevant Services;

    10. "VAT" means any value added tax, or other consumption tax;

PART 2: LISTING

    1. The Services enable Users to connect to recorded and/or live instruction, tutoring, and courses. The Services include facilitating and delivering Courses, bespoke tutorship and/or coaching and supporting materials.

    2. Content approved by the Platform and hosted or otherwise provided is provided for educational purposes and does not purport to provide any -

      1. External accreditation;

      2. Guarantee of results;

      3. Provision of instruments; nor

      4. Provision of third-party materials.

    3. Users acknowledge that the use of the Services contractually bind them to the Company and in no way bind any third parties who may have provided content used in the Services.

    4. Users accept that content may offend and/or challenge their views and that in such instances, the Company will not be liable for such offense and/or challenge as well as any resulting damage and/or complaints.

    5. The Platform may charge fees and/or commission on each transaction as per the individual agreements upon stipulation prior to transaction.


PART 3: POSITIONING

    1. The Platform does not -

      1. purport to be a representative agent of any of the Users;

      2. hold itself liable for any warranties offered by any of the Users;

      3. warrant the legality of any aspects of the Services provided though a thorough vetting process is established;

      4. guarantee any outcomes;

      5. guarantee any right of return;

      6. hold itself to offer any unreasonable interpretation of the description of any of the Services;

      7. claim to have any form of accreditation save for instances where it expressly does so;

      8. offer medical advice;

      9. offer financial advice;

      10. offer legal advice;

      11. offer psychological advice;

      12. represent that it holds any commitment to engage in feedback though a feedback system may be in place;

      13. represent that it arranges and manages any form of physical delivery;

      14. transfer any information other than that which is deemed necessary to conclude the purposes of the Platform; and

      15. maintain any form of responsibility for any Users to abide by relevant legislation and/or other legalities.

    2. The Platform will -

      1. provide Users with a user profile which will remain the Intellectual Property of the Platform.

      2. not refund Users unless it so deems it appropriate to do so.


PART 4: Platform Expectations

    1. Platform agrees to -

      1. Maintain accurate information as far as reasonably possible;

      2. Avoid breach of any intellectual property of the Platform and/or third parties;

    2. Platform represents that the relevant services offered on the Site –

      1. are reasonably fit for the purpose or purposes for the services provided;

      2. correspond with the description that has posted on this Site;

      3. will be offered for sale, and sold, in compliance with the laws of the State of Indiana.

    3. The Platform reserves the right in its sole discretion to alter or remove any information or withdraw any services offered for sale.

    4. The Platform reserves the right to terminate access to the Platform for any reasonable reason including, but not limited to, breach of the Agreement and/or breach of payment obligations.


PART 5: Users

    1. Users are solely responsible for all service, telephony, data charges and/or other fees and costs associated with their access to and use of the Platform, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

    2. Any access details provided to the User will be the responsibility of the User and there will be a rebuttable presumption that any activity on the User’s account will be the activity of that User.

    3. Any election to access or use the Platform that involves payment of a fee, the User, alternatively, the purchaser, agrees to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use.

    4. Purchasers agree and warrant to the Platform and, by extension, the Company that -

      1. they have the legal capacity to purchase any services purchased and, will not otherwise be breaching any law in purchasing those services;

      2. use of any payment instrument by the purchaser warrants their authority and capacity to use that payment instrument;

      3. the purchase of any services on this Site is absolutely at their own risk;

      4. the information offered is -

        1. accurate, made in compliance of all applicable laws and government regulations and up to date; and is not

        2. False, misleading, deceptive, fraudulent, in breach of any person’s intellectual property rights, forged, threatening, offensive, containing of confidential information or defamatory; and

    5. Any payment failure may result in collection fees and/or termination fees in addition to the fees associated with the use of the Platform.


PART 6: RATINGS AND FEEDBACK

    1. Insofar as a ratings system is applicable, it may not be abused or otherwise deliberately manipulated by any User to the unfair detriment of another and/or the Platform.

    2. The ratings system is applicable for use only by Users who were engaged in an agreement of service insofar as that service pertains to the reviewer/reviewee in question.

    3. The Company reserves the right to remove any rating and/or feedback associated with any abuse of the aforementioned.


PART 7: GENERAL

    1. This Agreement may be altered at any time and such posting of the altered version on the Site will constitute notice of same.

    2. The site may contain third-party advertisements and the Company is not liable for any cause and/or action arising from such third-party advertising and/or links.

    3. The Platform shall have no obligations under these terms unless and until full payment, alternatively the agreed deposit, is paid.

    4. Use of the Site and Platform will be consent to abide by this Agreement.

    5. Any breach of this Agreement should be promptly notified.

    6. Users are entitled to extend any course’s currency by expending further tokens to gain further hours subject to the availability of the content.

    7. A User agrees not to engage the services of any of the third parties associated with the Company without the express written consent of the Company.

    8. The Company does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, nor that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.


PART 8: USE

    1. It is prohibited to

      1. grant established benefit to another party once the benefit has been established. For the avoidance of doubt, this means that once a course has been assigned to an individual, another individual shall not be able to engage that same course on those same credits to the exclusion of the initial assignee.

      2. illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;

      3. alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;

      4. impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorized computer functions to our computer systems or those of other users or any other person;

      5. engage in any practice or conduct that is unlawful under any laws applicable to you;

      6. copy, modify, or distribute rights or content from the Site, services or tools or the Company’s copyrights and trademarks;

      7. harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on the Platform without the express written permission to do so;

      8. mislead others;

      9. engage in spamming, indiscriminate advertising and/or unsolicited commercial email;

      10. operate or utilize a web site or email link to web sites that contain or promote any of the following types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal goods or services, or link to a web site(s) that do so; and

      11. place any referral links on any pages of the Site without express written permission.

    2. Any links or references (direct or indirect) to other web sites on this Site are provided for your convenience only and do not, and are not an express or implied endorsement by the Company, of those web sites, or the products and services contained on those web sites.

    3. The information and material contained on this Site has been prepared in accordance with the laws of the State of Indiana. It may not comply with the laws of any other country. The Company makes no representation that the information and material contained on this Site complies with the laws (including any intellectual property laws) of any country other than the State of Indiana. If you choose to access this Site from outside the State of Indiana, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.

    4. All transactions between the Company and Users create rights and obligations between those parties and thus bind the User to the Platform and Company for the purposes of the Agreement.


PART 9: SURVIVAL

All provisions relating to proprietary rights, payment of fees, restraint, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.

PART 10: PRIVACY POLICY

  1. Information we collect and host –

    1. Account information based on your user profile;

    2. All associated aspects detailed in the Account Information offered to the Site;

    3. Classes taken on the Platform and associated results;

    4. Transactions concluded and/or in progress on the Site;

    5. Review information;

    6. System and mobile information such as IP addresses;

    7. Financial information required for payment of services; and

    8. Consolidated information legally obtained from third parties.

  2. We may collect certain information through technology like cookies, pixels and local storage (like on your browser or device).

  3. We may allow third parties such as advertising or analytics providers to collect information using these types of technologies directly on our website or from our mobile application. The data that they collect is subject to the applicable privacy policy of those third parties.

  4. To provide our Services we may use the information we collect and host for the following general purposes:

      1. to provide customer services, including to create and manage User accounts, to resolve technical difficulties and to enable features;

      2. to customize offers and experiences, including advertising on our properties or third parties’ properties;

      3. to contact our Users, including for service matters, customer care or permitted marketing communications via any available communications channels;

      4. to undertake research initiatives and to perform analytics to improve our services; and

      5. to enforce our Terms of Use including to combat fraud and abuse.

  5. No information is shared to non-affiliate third parties without the express permission of the relevant User.

  6. No information is rented/sold to third parties without the express permission of the relevant User.

  7. We may share certain non-personal information (data that does not identify our users individually) with third-party service providers, trusted partners or approved researchers in order to better understand the market environment.

  8. Lawful Processing

      1. Users may amend, access and delete all the data on their profiles at any given time save for that which is legally required to be maintained by legislation which too shall be deleted upon expiration of term following the deletion of the profile.

      2. All processing of personal information by the Company will be conducted by means of the principles of Accountability, Processing limitation, Purpose specification, Further processing limitation, Information quality, Openness, Security safeguards and Data subject participation and related legislative provisions.

  9. Rights and Notification

      1. Any person who presents information to the Company for the purposes of the proper functioning of the Company do so under the ambit of this policy.

      2. Any reference made to a protection of personal information policy shall refer to this policy (as updated from time to time upon notice through the Company’s usual communication channels).

  10. Processing

    1. Unless expressly stated and/or consented to, no personal information shall be forwarded to third parties unless

      In the determination of the Information Officer or their designated appointee, such information is urgently required to afford reasonable and proper:

      1. Care,

      2. Caution

      3. Health; and/or

      4. Education

        services to a person in the care of the Company

    2. In the instance that any information is processed in terms of 10.10.1, the Information Officer shall promptly inform the relevant party or parties regarding the extent to which their personal information was processed.

    3. Information required by order of a competent Court or similar legal entity shall be processed in terms of the compelling order/directive.

    4. Information will be processed in terms of the doctrine of minimality insofar as information shall only be processed to the extent required for the purpose of such processing.

    5. Information collected regarding a child from a guardian or somebody with competent rights and obligations of care for the child shall be considered to be exempt from the requirement of direct collection.

  11. Purpose and Retention

      1. Information gathered will be for the purposes of running the Company’s information courses in accordance with legislative and policy regulations.

      2. Without denigrating from the generality of the aforementioned, the purposes for which information will be collected include but are not limited to:

        1. Providing people with effective education;

        2. Informing guardians of information relating to matters pertaining to their respective child and/or the Company;

        3. Affording the Company all information required in order to make prompt decisions in matters of a medical or other emergency; and

        4. Promoting the safety, security and best interests of the children entrusted into the Company’s care.

      3. Unless randomized and kept for purposes of historical, research and/or statistical purposes, all data records pertaining to a data subject must be destroyed within one year of the relevant person leaving the services of the Company.

      4. Any intentional destruction of personal data must be executed in such a manner that it cannot reasonably be reconstructed.

  12. Openness

      1. When collecting personal information, the Company has obtained the services of a third party to manage data and the data subject, their company or their guardian (whichever is the appropriate case), is aware of, alternatively will request

        1. The information being collected and where any information that is not directly sources, is sourced from;

        2. The name and address of the Company;

        3. The purpose for which the information is collected;

        4. Whether or not the information being supplied is mandatory or voluntary;

        5. The consequences of failure to provide any relevant information;

        6. Any law authorizing or requiring the collection of information; and

        7. Instances where the Company intends to deliver information to third parties.

  13. Security

      1. Physically gathered information will be stored in a locked safe to which the Information Officer, or their appointee shall have care of the key.

      2. Electronically gathered information will be stored on a password protected server, the password of which will be known by the Information Officer and/or their appointee(s).

      3. In any instance where the Information Officer appoints a party to oversee particular information, it will remain the duty of the Information Officer to ensure care of the safety and security of the data.

      4. The Information Officer will annually conduct a review of their security to determine foreseeable internal and external risks to the information in the Company’s possession and

        1. Update this Policy to maintain appropriate safeguards for the risks identified;

        2. Regularly verify the safeguards to be effective; and

        3. Ensure that safeguards are continually updated to measure against potential risk and other deficiencies.

      5. Upon the compromise of any security of any information, the Information Officer will immediately, unless otherwise required by a competent body/investigator:

        1. Inform the governmental regulator; and

        2. Relevant individual’s whose data security has been compromised and to which extent.

  14. Confirmation and Correction

      1. Any data subject, actual or potential, shall have the right, upon requesting a meeting with the Information Officer, to determine whether the Company holds any information of theirs and to which extent.

      2. A data subject may request the correction and/or updating of any false/outdated information.

      3. The Information Officer is obligated to prevent additional data which is not relevant to a particular data subject from being included in any request for information.

  15. Recording

      1. Users are prohibited from making any further recordings of services offered by the Company.

      2. The Company is enabled to make recordings of its services for the purposes of quality control which shall be deleted after 180 calendar days.

      3. The Company shall seek consent of collection of any special information but in instances where such consent is not sought and/or granted, it will be rebuttably presumed that the processing of such information shall be done for the exercise, establishment or defense of a right or obligation in law.

      4. The Company is obligated to be mindful of the special information of each person and the Information Officer is compelled to instruct the team to engage in a manner that is respectful of each person’s special information but does not isolate any individual.

PART 11: REFUND POLICY

  1. Should a person engaged in the services of the Company not be satisfied with the services of the Company, they may make a submission to the Company as to their respective issues.

  2. The Company will make a determination regarding the aforementioned submissions and the recourse to follow.

  3. The Company, though it may issue a refund or any alternative/further recourse, is under no obligation to issue any recourse, unless otherwise determined by this Agreement.

  4. Recourse offered will not be precedent setting to any other user in an identical or similar position.