Terms and Conditions for One Peak Creative

Effective date: January 16, 2025

Welcome to One Peak Creative! These Terms and Conditions ("Terms") govern your use of our products, services, and platforms. By purchasing, accessing, or using our offerings, you agree to be bound by these Terms. Please read them carefully.

1. General Information

Business Location: One Peak Creative is based in Kelowna, British Columbia, Canada.

Service Regions: We provide services to clients worldwide.

Offerings: We offer online courses, digital resources, and coaching services designed for content creators, small business owners, entrepreneurs, marketing professionals, and others looking to grow their online presence and improve advertising strategies.

2. Client Engagement

Engagement Process: Clients engage with our services through our platform, Kajabi, where online course content is accessed. Digital downloads are delivered immediately via email upon purchase.

Payment Options:

  • Payment in full.
  • Three monthly installment payments (20% higher total cost than the pay-in-full option).

Deposits: We do not require deposits.

3. Scope of Work

Included Services: Group coaching, digital downloads, and access to online courses.

Exclusions: Any services or products not explicitly mentioned are not included.

4. Payment Terms

Payment Handling: Payments are processed in full or through three monthly installments, as chosen by the client.

Late Payments: No penalties are currently applied for late payments.

Non-Refundable Fees: We do not have non-refundable fees, except as outlined in our satisfaction guarantees.

5. Cancellations and Refunds

Refund Policies:

  • Find Your Peak Insiders Coaching Program and Content Creator Academy:
    • 30-day satisfaction guarantee. Refunds are issued if you participate fully for 30 days and are not satisfied.
  • TikTok and Reels Creator Course, The Art of Hooks, Comfy on Cam, Peak Bot:
    • 100% money-back guarantee if the promised outcomes (e.g., 1,000,000 views and $1,000 in brand deals) are not achieved after completing the course.
  • Video Ads Academy:
    • 30-day satisfaction guarantee, contingent on 100% course completion within this timeframe.

Refund Requests: Refunds are issued in full and must be requested within the specified timeframes. Please contact [email protected]. 

6. Intellectual Property

Ownership: All materials, paid or free, are the sole property of One Peak Creative and are protected under the Copyright Act of Canada.

Usage Restrictions:

  • You receive a limited, non-transferable, non-exclusive, revocable license for personal use only.
  • You may not reproduce, distribute, or resell any of our content without prior written permission.

Permission Requests: For any usage beyond personal purposes, email [email protected] to request permission.

Civil and Criminal Penalties: Violations of these intellectual property terms may result in legal action, including prosecution under Canadian copyright law. By accessing our content, you consent to jurisdiction in the courts of Kelowna, BC, Canada.

7. Confidentiality

You have no right to confidentiality unless explicitly agreed upon in a client agreement or as required by Canadian law.

8. Liability and Disclaimers

Delays or Errors: Contact our support team for assistance with any issues.

Limitation of Liability:

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00 CAD.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE OFFERINGS AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

These limitations are subject to applicable Canadian laws, including the Business Practices and Consumer Protection Act (BPCPA) in British Columbia.

9. Client Responsibilities

Clients are responsible for:

  • Providing necessary materials or approvals on time.
  • Completing courses or assignments to benefit fully from the services.

10. Dispute Resolution

Jurisdiction: These Terms are governed by the laws of British Columbia, Canada.

Dispute Handling: Disputes will first be addressed through mediation. If unresolved, they will be handled by the courts of Kelowna, BC, Canada.

11. Other Provisions

Affiliate Links: This site uses affiliate links to recommend products and services. By purchasing through these links, you accept liability for your decision.

Force Majeure: We are not liable for delays or failures caused by events beyond our control, including natural disasters, governmental actions, or system outages.

Termination: We reserve the right to terminate your access to our offerings if you violate these Terms.

For questions or concerns, please contact us at [email protected].

Last Updated: [January 16, 2025]