TERMS AND CONDITIONS FOR POWERPM (pwrpm.com)

Effective Date: 2025-05-02

Preamble

These Terms and Conditions ("Terms") govern your access to and use of the website pwrpm.com (the "Site," also referred to as "PowerPM"), including all content, services, and products offered thereon (collectively, the "Services"). The Site and Services are owned and operated by AbilityMatrix Innovation Consulting Inc. ("AbilityMatrix," "Company," "we," "us," "our"), located at 18 King Str. East, Suite 1400, Toronto, ON, M5C 1C4, Canada.

These Terms constitute a legally binding agreement between you ("User," "you," "your") and AbilityMatrix. Please read these Terms carefully before accessing or using the Site or Services.


Section 1: Introduction and Acceptance of Terms

1.1. Agreement to Terms

By accessing, browsing, registering for an account on, purchasing from, or otherwise using the Site or any Services offered by AbilityMatrix through pwrpm.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including any policies incorporated herein by reference, such as the Privacy Policy. Your use of the Site and Services signifies your unqualified acceptance of these Terms. If you do not agree to these Terms in their entirety, you must immediately cease all access to and use of the Site and Services.


1.2. Reference to Privacy Policy

Your privacy is important to us. The collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms and forms an integral part of this agreement. Please review the Privacy Policy, available at https://pwrpm.com/privacy-policy/, to understand our practices. The Privacy Policy outlines how we handle personal information in compliance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant Ontario privacy legislation.


1.3. Modification of Terms

AbilityMatrix reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time. We will notify you of significant changes by posting the revised Terms on the Site and updating the "Effective Date" at the top, and/or by sending an email notification to the address associated with your account for material changes. Unless otherwise stated, modifications will become effective immediately upon posting. Your continued access to or use of the Site or Services after such modifications have been posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. Given the evolving nature of laws, particularly consumer protection legislation in Ontario, this modification clause is essential for ensuring ongoing compliance and allows AbilityMatrix to adapt these Terms as necessary when new legal requirements, such as those potentially introduced by Ontario's Bill 142 (Better for Consumers, Better for Businesses Act, 2023), come into force. Users are encouraged to stay informed about such updates.


1.4. Definitions

For the purposes of these Terms, the following definitions apply:

  • "Account": A registered user profile created to access certain features of the Site and Services.

  • "Content": All materials provided through the Site and Services, including but not limited to course videos, lectures, text, graphics, logos, images, software, quizzes, assignments, downloadable resources, trademarks, and other intellectual property owned by or licensed to AbilityMatrix.

  • "Custom Training": Bespoke training programs, potentially delivered on-site at a client's location or online, tailored to the specific needs of a corporate client and governed by a separate agreement or Order Form supplementing these Terms.

  • "Intellectual Property": All intellectual property rights, including copyrights, trademarks, patents, trade secrets, database rights, and other proprietary rights related to the Site, Services, and Content.

  • "Live Cohort Training": Scheduled, instructor-led online training sessions delivered to a group of participants, often involving interactive elements and potentially access to recordings.

  • "Order Form": A document, whether electronic or physical, detailing the specific Services purchased, pricing, term, participants, and other relevant details, particularly for Custom Training or corporate purchases.

  • "Privacy Policy": The Company's policy governing the collection, use, and disclosure of personal information, accessible at https://pwrpm.com/privacy-policy/.

  • "Self-Paced Course": Online courses consisting primarily of pre-recorded video modules, learning materials, and assessments that users can access on demand according to their own schedule.

  • "Services": Collectively refers to the Site (pwrpm.com), all Content, and the various training offerings including Self-Paced Courses, Live Cohort Training, Custom Training, and any related features or functionalities provided by AbilityMatrix.

  • "Site": The website located at pwrpm.com, operated by AbilityMatrix.

  • "Terms": These Terms and Conditions, including the Privacy Policy and any other referenced documents or applicable Order Forms.

  • "User": Any individual or entity accessing or using the Site or Services, including registered account holders and purchasers of Services.

  • "User Content": Any content submitted, posted, or shared by a User through the interactive features of the Services, such as forum posts, comments, or assignment submissions (if applicable).

Section 2: User Accounts, Eligibility, and Security

2.1. Eligibility

To create an Account and use the Services, you must meet the following criteria:

  • You must be at least the age of majority in your province or territory of residence. In Ontario, Canada, the age of majority is 18 years. 

  • The Services are not intended for children under the age of 13. Individuals under 13 are strictly prohibited from creating an Account or using the Services. If you are between the ages of 13 and the age of majority in your jurisdiction, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In such cases, the parent or guardian is responsible for all activities conducted under the Account and for ensuring the minor's compliance with these Terms.

  • You must possess the legal capacity and authority to enter into a binding contract with AbilityMatrix.

  • You must not have been previously suspended or removed from the Services by AbilityMatrix.


2.2. Account Registration


Certain Services require you to register for an Account. When registering, you agree to:

  • Provide accurate, current, and complete information as prompted by the registration form.

  • Maintain and promptly update your registration information to keep it accurate, current, and complete.

  • AbilityMatrix may require verification of the information provided, such as through email confirmation. Failure to provide or maintain accurate information may result in suspension or termination of your Account.

2.3. Account Security

You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username and password. You are also solely responsible for all activities that occur under your Account, whether or not authorized by you. You agree to the following:

  • Your Account is personal to you and may not be shared with, transferred to, or used by any other person. Sharing login credentials is a material breach of these Terms.

  • You will immediately notify AbilityMatrix at of any suspected or actual unauthorized use of your Account or any other breach of security.

  • AbilityMatrix shall not be liable for any loss or damage arising from your failure to comply with these security obligations or from unauthorized access to your Account. While you bear responsibility for safeguarding your credentials, AbilityMatrix commits to implementing reasonable technical and organizational security measures to protect the platform and the personal information stored within user accounts, as further detailed in the Privacy Policy. However, no security system is impenetrable, and we cannot guarantee absolute security.


2.4. Account Termination/Suspension

  • By User: You may terminate your Account at any time by following the instructions on the Site or by contacting customer support at.

  • By AbilityMatrix: AbilityMatrix reserves the right, in its sole discretion, to suspend or terminate your Account and/or access to the Services, with or without notice, for any reason, including but not limited to: (a) violation of these Terms or any referenced policies; (b) engaging in illegal, fraudulent, or abusive activities; (c) non-payment of applicable fees; (d) prolonged inactivity; or (e) actions that may cause harm to AbilityMatrix, other users, or third parties.

  • Consequences: Upon termination of your Account, your right to access and use the Services will immediately cease. You will lose access to all Content associated with your Account, including purchased courses (unless lifetime access was explicitly granted and termination was not for cause). Termination generally does not entitle you to any refund of fees paid, unless required by applicable law or specified otherwise in Section 5 (Cancellations, Refunds, and Modifications).

  • Survival: Provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions (Section 6), warranty disclaimers (Section 8.1), indemnity (Section 9), limitations of liability (Section 8.2), governing law and dispute resolution (Section 11), and miscellaneous provisions (Section 12).


Section 3: Service Offerings and Access

3.1. Description of Services

AbilityMatrix offers various project management training Services through the Site, which include:

  • Self-Paced On-Demand Video Courses: These courses provide access to pre-recorded video lessons, accompanying learning materials, downloadable resources (subject to the license terms in Section 6), and potentially quizzes or assignments. Access duration (e.g., lifetime access subject to Section 6.2 and potential platform changes, or time-limited access) will be specified at the time of purchase.

  • Live Online Cohort Training: These are instructor-led training programs delivered online via video conferencing platforms on scheduled dates and times. They typically involve interactive elements such as Q&A sessions, group discussions, and collaborative exercises. Access to session recordings may be provided for a specified period after the live sessions conclude, as detailed in the course description. Participants are responsible for ensuring they have the necessary technology, software, and stable internet connection to participate effectively.

  • Custom On-Site Training: AbilityMatrix offers customized training solutions tailored to the specific needs of corporate clients. These programs are typically delivered on-site at the client's premises or another mutually agreed location, or potentially online. The scope, content, deliverables, number of participants, schedule, pricing, and specific terms for Custom Training will be defined in a separate written agreement, Statement of Work, or Order Form executed between AbilityMatrix and the client organization. These specific agreements will supplement these general Terms.

Specific details regarding the content, duration, prerequisites, instructors, and pricing for each Service offering are provided on the relevant pages of the Site or within applicable Order Forms.


3.2. Access Grant

Subject to your compliance with these Terms and timely payment of all applicable fees, AbilityMatrix grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the specific Services you have purchased or registered for, solely for your own personal, non-commercial educational purposes. This license is subject to any specific limitations outlined at the time of purchase, such as duration of access or the number of permitted users (particularly for Custom Training licenses).


3.3. Modifications and Availability

AbilityMatrix strives to provide high-quality Services but reserves the right to modify, update, enhance, or discontinue any aspect of the Site, Services, or Content at any time, in its sole discretion, without liability to you. This may include updating course materials, changing instructors for Live Cohort Training, adding or removing features, or ceasing to offer a particular course. We will endeavor to provide reasonable notice of material changes where practicable.

The Services are provided on an "as available" basis. AbilityMatrix does not guarantee uninterrupted or error-free access to the Site or Services. Access may be temporarily suspended for maintenance, upgrades, system failures, or other reasons.

For Live Cohort Training and Custom Training, AbilityMatrix reserves the right to cancel or reschedule sessions due to unforeseen circumstances, such as instructor illness or insufficient enrollment. In such cases, AbilityMatrix will provide reasonable notice and offer affected participants options such as a full refund for the cancelled session/program, credit towards future services, or rescheduling to a mutually agreeable date.

The distinct nature of each service type influences user expectations. Self-paced courses offer flexibility but content may be updated periodically. Live Cohort Training requires adherence to schedules and active participation, with clear policies on interaction and recording access. Custom Training involves close collaboration and relies heavily on the terms defined in the specific client agreement, which governs the bespoke aspects of the engagement beyond these general Terms.


Section 4: Payments, Pricing, and Billing Terms

4.1. Pricing and Currency

All prices for Services listed on the Site are in US Dollars (USD), unless explicitly stated otherwise. Prices are exclusive of applicable taxes, such as Goods and Services Tax (GST) or Harmonized Sales Tax (HST) for Canadian customers, which will be added to the total amount due at checkout. You are responsible for paying all applicable taxes associated with your purchase. AbilityMatrix reserves the right to change the prices for its Services at any time, but price changes will not affect orders already placed and confirmed, except potentially for subscription renewals where prior notice will be given. While we strive for accuracy, pricing errors may occasionally occur. If an item's correct price is higher than the stated price, AbilityMatrix reserves the right, at its discretion, to either contact you for instructions before processing the order or cancel the order and notify you of such cancellation.


4.2. Payment Methods

AbilityMatrix accepts payment via major credit cards (Visa, MasterCard) and potentially other methods as indicated on the Site checkout page. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and you authorize AbilityMatrix, or its third-party payment processor, to charge your payment method for the total amount of your purchase, including any applicable taxes and fees. All payment transactions are processed through secure payment gateways.


4.3. Billing Procedures

  • Self-Paced Courses & One-Time Purchases: Full payment is required at the time of purchase/enrollment.

  • Live Cohort Training: Payment is typically due upon registration to secure your place. If installment payment plans are offered, the specific terms, schedule, and amounts will be clearly disclosed at the time of purchase.

  • Custom Training: Payment terms (e.g., deposit, installments, final payment schedule) will be detailed in the specific Custom Training Agreement, Statement of Work, or Order Form agreed upon between AbilityMatrix and the client organization.

  • Subscriptions (If Offered): If subscription plans are available, the billing cycle (e.g., monthly, annually), renewal terms, and cancellation procedures will be clearly outlined during the subscription process.  Details on managing and cancelling subscriptions will be provided in your Account settings or relevant service descriptions.


4.4. Ontario Consumer Protection Act Disclosures (Internet Agreements)

For consumers located in Ontario purchasing Services online where the total potential payment obligation exceeds CAD $50.00 (excluding borrowing costs), AbilityMatrix complies with the disclosure requirements of the Ontario Consumer Protection Act, 2002 ("CPA").48 Before you enter into such an agreement (i.e., immediately before you finalize your purchase), AbilityMatrix will ensure you are provided with the following information clearly and prominently, typically via a confirmation page or summary presented during the checkout process:

  1. AbilityMatrix Innovation Consulting Inc.'s name, business address (18 King Str. East, Suite 1400, Toronto, ON, M5C 1C4), telephone number, and email address.

  2. A fair and accurate description of the Services being purchased, including any technical requirements.

  3. An itemized list of prices for the Services, including all applicable taxes, shipping charges (if any), and any other additional charges (e.g., potential customs duties if applicable, though typically relevant for goods).

  4. The total amount payable, or if the Services are supplied over an indefinite period (like some subscriptions), the amount and frequency of periodic payments.

  5. The terms and methods of payment accepted.

  6. Information regarding the delivery or performance of the Services, including timing (e.g., immediate access for self-paced, start/end dates for live cohorts or subscriptions) and method of access/delivery.

  7. A clear statement of the applicable cancellation, return, exchange, and refund policies (as detailed in Section 5 of these Terms).

  8. The currency for all amounts (US Dollars, unless otherwise specified).

  9. Any other restrictions, limitations, or conditions imposed by AbilityMatrix.

You will be provided with an express opportunity to review, accept or decline the agreement, and correct any errors in your order information immediately before confirming your purchase.


Following your acceptance, AbilityMatrix will deliver a complete copy of the agreement (incorporating the above disclosures, your name, and the date of agreement) to you in writing within 15 days. This copy will typically be sent via email to the address associated with your Account, in a format that allows you to retain, print, and access it for future reference. Failure by AbilityMatrix to comply with these disclosure and delivery requirements may grant Ontario consumers specific cancellation rights under the CPA, as outlined in Section 5. The operational implementation of these disclosures requires the checkout process itself to present this specific information dynamically before payment confirmation, ensuring compliance is integrated into the user experience.


4.5. Late/Failed Payments

If your payment method fails or your Account becomes past due, AbilityMatrix may take steps to collect amounts owed. This may include contacting you, employing collection agencies, or suspending or terminating your access to the Services until payment is received. AbilityMatrix reserves the right to charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by applicable law.


Section 5: Cancellations, Refunds, and Modifications

5.1. General Policy Statement

Cancellation and refund eligibility for Services purchased through pwrpm.com vary depending on the specific type of Service acquired. Please refer to the detailed policies outlined in sections 5.2, 5.3, and 5.4 below. All requests for cancellations or refunds must be submitted according to the process described in Section 5.5.

These policies are in addition to, and do not limit, any mandatory cancellation or refund rights consumers may have under applicable laws, including the Ontario Consumer Protection Act, 2002 ("CPA") or other relevant legislation. For example, Ontario consumers may have statutory rights to cancel an internet agreement if the required disclosures (Section 4.4) were not properly provided , if goods/services are not delivered/provided within 30 days of the promised date , or within one year if there has been a misrepresentation by the business. AbilityMatrix will honor such statutory rights where applicable. Attempting to waive these rights in a consumer agreement is prohibited under Ontario law.


5.2. Self-Paced On-Demand Video Courses

  • Refund Window: You may request a full refund for a Self-Paced Course within 30 days of the date of purchase.

  • Eligibility Conditions: To be eligible for a refund, your request must be received within the specified refund window. Additionally, AbilityMatrix reserves the right to limit or deny refunds if there is evidence of significant consumption or abuse of the policy, such as if more than 75% of the course content has been viewed or downloaded before the refund request is made. Earning a certificate of completion for the course may also render the purchase ineligible for a refund, even if requested within the refund window.

  • Exceptions: Refunds may be denied in cases of suspected refund abuse, including but not limited to: multiple refund requests for the same course, excessive refund requests by a single user, or accounts terminated due to violation of these Terms.

  • Refund Format: Eligible refunds will typically be processed back to the original payment method. In certain circumstances (e.g., payments made via specific methods not supporting cash refunds, or at the user's request if offered), refunds may be issued as credits for future purchases on the Site.


5.3. Live Online Cohort Training

  • Cancellation Deadlines & Refunds:

  • Cancellation requests received in writing (e.g., via email to) at least 14 calendar days prior to the scheduled start date of the cohort will receive a full refund of the registration fee.

  • Cancellation requests received in writing fewer than 14 calendar days but more than 7 calendar days prior to the scheduled start date will receive a 50% refund of the registration fee.

  • Cancellation requests received fewer than 7 calendar days prior to the scheduled start date are not eligible for a refund.

  • No-Shows: Participants who do not attend the scheduled sessions ("no-shows") are not eligible for a refund.

  • Technical Issues: Participants are responsible for ensuring they have the necessary technical setup (computer, software, stable internet connection, audio/visual capabilities) to participate in the live online sessions. Refunds will not be issued due to technical difficulties experienced by the participant.

  • Transfers: Registration may potentially be transferred to another individual from the same organization upon written request received at least 2 Business Days prior to the cohort start date, subject to Company approval. Self-directed course enrollments are generally not transferable.

  • Company Cancellation: If AbilityMatrix cancels a Live Cohort Training program for any reason (e.g., insufficient enrollment, instructor unavailability), registered participants will be notified promptly and offered the choice of a full refund or transfer to a future scheduled cohort of the same program, if available.


5.4. Custom On-Site Training

Cancellation, rescheduling, and refund terms for Custom Training engagements are primarily governed by the specific terms outlined in the mutually executed Custom Training Agreement, Statement of Work, or Order Form between AbilityMatrix and the client organization. These agreements typically detail provisions such as non-refundable deposits, cancellation fees tiered based on the amount of notice provided prior to the scheduled training date(s), and potential reimbursement obligations for non-recoverable expenses incurred by AbilityMatrix in preparation for the training.


5.5. Refund Process

To request a cancellation or refund where eligible under the policies above or applicable law, please contact AbilityMatrix Customer Support by email at [email protected]. Your request should include your full name, the email address associated with your Account, order confirmation details (e.g., order number, date of purchase), the name of the course/service, and the reason for your request.

AbilityMatrix will review your request based on the applicable policy and/or statutory rights. If your request is approved, the refund will be processed within a reasonable timeframe, typically within 15 calendar days for cancellations falling under specific Ontario CPA provisions , or otherwise within. Refunds will generally be issued to the original method of payment , unless otherwise specified (e.g., credit refunds) or agreed upon.


5.6. Company's Right to Cancel/Modify Services

As stated in Section 3.3, AbilityMatrix reserves the right to cancel, interrupt, or reschedule any Service, including courses or training sessions. In the event of such cancellation or significant modification initiated by AbilityMatrix, affected users will be provided with appropriate remedies, which may include a full or partial refund, credit towards other Services, or rescheduling options, depending on the circumstances and the nature of the Service.


Table 5.A: Refund Policy Summary


Service Type

Refund Window / Cancellation Deadline

Key Conditions / Exclusions

Typical Refund Amount

Self-Paced Course

Within 30 days of purchase

Request within window; < 75% content consumed; Certificate not earned; No refund abuse.

Full (to original payment)

Live Cohort Training

Full Refund: >= 14 days before start
Partial (50%) Refund: < 14 days but > 7 days before start

No Refund: <= 7 days before start

Request in writing; No refund for "no-shows" or participant technical issues; Transfers may be possible.

Full / Partial / None

Custom On-Site Training

As per specific client agreement

Governed by the terms of the separate Custom Training Agreement / Order Form (likely includes non-refundable deposits, tiered cancellation fees).

Per Agreement

Statutory Rights (Ontario CPA)

Varies (e.g., 7 days if disclosures missing, 30 days if copy not delivered, 1 year for misrepresentation, 30 days for non-delivery) 

Applies to Ontario consumers if specific CPA requirements are not met by the Company, regardless of standard policy window.

Full


This table provides a summary only. Please refer to the full text of Section 5 and any applicable separate agreements for complete details. Statutory rights under the Ontario CPA may override standard policies for eligible consumers.


Section 6: Intellectual Property Rights

6.1. Ownership of Content

All rights, title, and interest in and to the Site, the Services, and all Content provided therein are and shall remain the exclusive property of AbilityMatrix Innovation Consulting Inc. and/or its licensors. The Content includes, but is not limited to, course curricula, video lectures, audio recordings, text, graphics, images, illustrations, software, code, data, assessments, quizzes, downloadable materials, trademarks, service marks, logos, and overall look and feel of the Site and Services. The Content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Canada and foreign countries.

Copyright © 2025 AbilityMatrix Innovation Consulting Inc. All rights reserved.


The trademarks, service marks, logos, and trade names (collectively, the "Marks") displayed on the Site and Services are the registered or unregistered Marks of AbilityMatrix or third parties. You are prohibited from using any Marks without the prior written permission of AbilityMatrix or the respective third-party owner.


6.2. User License Grant

Subject to your compliance with these Terms and payment of applicable fees, AbilityMatrix grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the specific Content associated with the Services you have purchased or enrolled in. This license is granted solely for your personal, non-commercial educational viewing and use. The Content is licensed, not sold, to you, and this license does not grant you any ownership rights in the Content. The duration of this license may be limited (e.g., for subscription periods or specific access terms stated at purchase) or may be for "lifetime access," which generally means access for the life of the Service offering, subject to AbilityMatrix's right to modify or discontinue Services as outlined in Section 3.3 and termination rights in Section 2.4.

6.3. Restrictions on Use

The license granted in Section 6.2 is subject to the following restrictions. You agree not to, and not to attempt to or permit any third party to:

  • Copy, reproduce, duplicate, modify, translate, adapt, create derivative works from, distribute, transmit, broadcast, display, perform, publish, sell, resell, rent, lease, loan, sublicense, or otherwise exploit any Content for any commercial purpose, public display, or any purpose not expressly permitted by these Terms.

  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the Content.

  • Use any data mining, robots, spiders, scrapers, or similar data gathering or extraction methods on the Site or Content.

  • Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for any software or systems used in the Site or Services.

  • Record (audio or video), photograph, or capture any portion of the courses or live training sessions.

  • Share your Account login credentials or otherwise provide access to the Content or Services to any third party using your Account.

  • Use the Content or Services in any manner that infringes or misappropriates the intellectual property rights of AbilityMatrix or any third party.


Any use of the Content or Services not expressly permitted by these Terms is a breach of this agreement and may violate copyright, trademark, and other laws.


6.4. User-Generated Content

If the Services permit you to submit, post, or share content, such as comments in discussion forums, assignment submissions, or feedback ("User Content"), you retain ownership of the intellectual property rights in your User Content. However, by submitting User Content, you grant AbilityMatrix a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, create derivative works of, publicly perform, publicly display, and otherwise exploit your User Content in connection with operating, providing, improving, and promoting the Site and Services. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to grant this license and that your User Content does not violate any applicable laws or infringe upon the rights of any third party (including intellectual property, privacy, or publicity rights). AbilityMatrix reserves the right, but has no obligation, to monitor, review, screen, edit, or remove User Content at its sole discretion, particularly if it violates these Terms or is deemed inappropriate.


6.5. Feedback

If you provide AbilityMatrix with any feedback, suggestions, ideas, improvements, or recommendations regarding the Site or Services ("Feedback"), you hereby grant AbilityMatrix a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, incorporate, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to you.


6.6. Custom Training Intellectual Property

For Custom Training engagements, the ownership and licensing of any specifically tailored materials created by AbilityMatrix, any pre-existing intellectual property contributed by the client, or any jointly developed intellectual property will be explicitly addressed and governed by the terms of the separate Custom Training Agreement, Statement of Work, or Order Form executed between AbilityMatrix and the client organization. The standard license grants and restrictions in this Section 6 may be modified or superseded by the terms of such specific agreements to accommodate the bespoke nature of Custom Training.


Section 7: User Conduct and Prohibited Activities

7.1. Acceptable Use

You agree to use the Site and Services only for lawful purposes and in a manner consistent with these Terms and all applicable local, provincial, state, national, and international laws, rules, and regulations. You agree not to use the Site or Services in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Services.


7.2. Prohibited Conduct

You are strictly prohibited from engaging in any of the following activities in connection with your use of the Site and Services:

  • Violating any applicable law, statute, ordinance, or regulation.

  • Infringing upon or violating the intellectual property rights of AbilityMatrix or any third party.

  • Posting, uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

  • Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, stalking, threatening, or discriminating against other users, instructors, or AbilityMatrix staff.

  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

  • Posting or transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

  • Attempting to gain unauthorized access to the Site, Services, other users' Accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.

  • Interfering with, disrupting, or creating an undue burden on the Site, Services, or the networks or services connected thereto; or attempting to circumvent any security features.

  • Uploading or transmitting viruses, worms, Trojan horses, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

  • Using the Services or Content to develop, build, or promote a competing product or service.

  • Collecting, harvesting, or tracking the personal information of others without their express consent.

  • Violating any specific rules, guidelines, or codes of conduct communicated in connection with particular courses, Live Cohort Training sessions, or other Services.


7.3. Conduct in Live or On-Site Settings

In addition to the general prohibitions above, participants in Live Cohort Training and Custom Training engagements are required to maintain a professional and respectful standard of conduct at all times. This includes engaging in courteous communication, respecting the views of others, adhering to instructions from the facilitator, and avoiding disruptive behaviour. Failure to maintain appropriate conduct during live interactions may result in removal from the session or engagement without refund and potential suspension or termination of your Account. For Custom Training delivered on-site at a client's location, participants are also expected to comply with the client organization's workplace rules and policies, as may be communicated prior to or during the training.


7.4. Enforcement

AbilityMatrix reserves the right, but assumes no obligation, to monitor the Site and Services for violations of these Terms. AbilityMatrix may investigate any suspected violations and take appropriate action in its sole discretion, including, but not limited to, removing any offending content, issuing warnings, suspending or terminating User Accounts, and/or reporting illegal activities to law enforcement authorities.


Section 8: Disclaimers of Warranties and Limitation of Liability

8.1. Disclaimer of Warranties

THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ABILITYMATRIX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ABILITYMATRIX DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE SITE OR SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT (MATERIALS MAY CONTAIN TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS); OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

SPECIFICALLY, ABILITYMATRIX MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY SPECIFIC LEARNING OUTCOMES, SKILL ATTAINMENT, CAREER ADVANCEMENT, JOB PLACEMENT, OR OTHER TANGIBLE RESULTS FROM PARTICIPATION IN ANY COURSE OR TRAINING PROGRAM. ANY SUCCESS ACHIEVED IS DEPENDENT ON INDIVIDUAL EFFORT, BACKGROUND, DEDICATION, AND VARIOUS OTHER FACTORS BEYOND ABILITYMATRIX'S CONTROL. THE CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE.

ABILITYMATRIX DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY WEBSITES, CONTENT, PRODUCTS, OR SERVICES LINKED TO OR ACCESSIBLE THROUGH THE SITE OR SERVICES. YOUR USE OF THIRD-PARTY RESOURCES IS AT YOUR OWN RISK.


SOME JURISDICTIONS, INCLUDING ONTARIO UNDER CERTAIN PROVISIONS OF THE CPA, MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, PARTICULARLY IF YOU ARE A CONSUMER UNDER SUCH LAWS.


8.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABILITYMATRIX INNOVATION CONSULTING INC., ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ABILITYMATRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.3

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ABILITYMATRIX AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF FEES PAID BY YOU TO ABILITYMATRIX FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

THE PARTIES ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR ABILITYMATRIX'S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


SOME JURISDICTIONS, INCLUDING ONTARIO UNDER THE CPA FOR CERTAIN CONSUMER CLAIMS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NON-WAIVABLE STATUTORY RIGHTS AFFORDED TO CONSUMERS.


Section 9: Indemnification

9.1. User Indemnity

You agree to defend, indemnify, and hold harmless AbilityMatrix Innovation Consulting Inc., its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of and access to the Site or Services;

  • Your violation of any provision of these Terms;

  • Your violation of any applicable law or regulation;

  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or

  • Any claim that your User Content (if applicable) caused damage to a third party.


AbilityMatrix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with AbilityMatrix in asserting any available defenses.

Section 10: Privacy Policy Reference

10.1. Commitment to Privacy

AbilityMatrix is committed to protecting the privacy of its users.


10.2. Link to Policy

Our collection and use of personal information in connection with your access to and use of the Site and Services is described in our Privacy Policy, which is available at https://pwrpm.com/privacy-policy/.


10.3. Governing Document for Data

The Privacy Policy is incorporated by reference into these Terms. By using the Site or Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy and in accordance with applicable Canadian privacy laws, including PIPEDA and Ontario legislation.


Section 11: Governing Law and Dispute Resolution

11.1. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services, including their formation, interpretation, validity, performance, breach, or termination, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law that would require the application of the laws of another jurisdiction.


11.2. Jurisdiction

Subject to the dispute resolution provisions below, you and AbilityMatrix irrevocably agree to submit to the exclusive jurisdiction of the competent courts located in the City of Toronto, Province of Ontario, Canada, for the resolution of any disputes arising under or in connection with these Terms or your use of the Services that are not resolved through informal means or arbitration (where applicable).

11.3. Informal Dispute Resolution

Before initiating any formal legal proceeding (court action or arbitration, where applicable), you and AbilityMatrix agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally. The party raising the dispute shall send a written notice to the other party describing the nature of the dispute and the relief sought. Both parties agree to negotiate in good faith to resolve the dispute for a period of at least sixty (60) days following the date the notice is sent. If the dispute cannot be resolved informally within this period, either party may proceed with formal action as permitted under these Terms.


11.4. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

  • Ontario Consumer Protection Act: AbilityMatrix acknowledges that the Ontario Consumer Protection Act, 2002 ("CPA") contains provisions that affect the enforceability of mandatory pre-dispute arbitration agreements and class action waivers in contracts involving consumers (defined under the CPA generally as individuals acting for personal, family, or household purposes).

  • Consumer Agreements: If you are a consumer entering into an agreement governed by the Ontario CPA, any provision in these Terms that purports to require you to submit disputes to mandatory binding arbitration before a dispute arises, or that purports to prevent you from participating in a class action lawsuit, is void and unenforceable against you pursuant to sections 7(2) and 8(1) of the CPA. Ontario consumers retain their right to resolve disputes in the courts of Ontario and to participate in class action proceedings, notwithstanding any contractual term to the contrary. AbilityMatrix will not include contract terms intended to mislead consumers about these statutory rights.

  • Non-Consumer Agreements (e.g., Custom Training Clients): This arbitration and class action waiver provision applies ONLY to agreements entered into by businesses or individuals acting for business purposes, such as agreements for Custom Training, which are NOT governed by the Ontario CPA.

  • For such non-consumer agreements, you and AbilityMatrix agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

  • The arbitration will be administered by the Canadian Arbitration Association under its Arbitration Rules in effect at the time the arbitration is initiated, as modified by this Section 11.4.

  • The arbitration shall take place in Toronto, Ontario, Canada, unless otherwise agreed by the parties. The language of the arbitration shall be English.

  • The arbitration shall be conducted by a single, neutral arbitrator agreed upon by the parties or appointed in accordance with the applicable rules.

  • The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  • Class Action Waiver (Non-Consumer Agreements Only): You and AbilityMatrix agree that any arbitration or court proceeding permitted under these Terms for non-consumer agreements will be conducted solely on an individual basis and not in a class, consolidated, collective, or representative action. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

  • Clarity of Application: To avoid doubt, the mandatory arbitration and class action waiver provisions described under "Non-Consumer Agreements" above DO NOT APPLY if you are an Ontario consumer protected by the CPA.



Section 12: Miscellaneous Provisions

12.1. Entire Agreement

These Terms, together with the Privacy Policy and any applicable Order Form or specific agreement (such as a Custom Training Agreement), constitute the entire agreement and understanding between you and AbilityMatrix concerning the subject matter hereof and supersede all prior or contemporaneous communications, proposals, agreements, or understandings, whether electronic, oral, or written, between you and AbilityMatrix with respect to the Site and Services.


12.2. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.64 The remaining provisions shall continue in full force and effect.


12.3. Waiver

The failure of AbilityMatrix to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of AbilityMatrix.


12.4. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without AbilityMatrix's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. AbilityMatrix may assign or transfer these Terms, in whole or in part, without restriction or notice to you.


12.5. Force Majeure

AbilityMatrix shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, labour disputes, shortages of transportation facilities, fuel, energy, labour or materials, or failures of public or private telecommunications networks or internet service providers.


12.6. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, shall be in writing and given by AbilityMatrix: (i) via email to the address associated with your Account; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Notices to AbilityMatrix should be sent by email to [email protected] or by postal mail to:

AbilityMatrix Innovation Consulting Inc.

Attn: Legal Department

18 King Str. East, Suite 1400

Toronto, ON, M5C 1C4

Canada


12.7. Language

The parties hereto confirm that it is their wish that these Terms, as well as all other documents relating hereto, including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s'y rattachent, soient rédigés en langue anglaise.

12.8. Contact Information

If you have any questions about these Terms and Conditions, please contact AbilityMatrix Innovation Consulting Inc. at:

Email: [email protected]

Mail: AbilityMatrix Innovation Consulting Inc., 18 King Str. East, Suite 1400, Toronto, ON, M5C 1C4, Canada