KINKCONSCIOUSNESS LTD. TERMS & CONDITIONS

Effective Date: January 18th, 2025

Welcome to KinkConsciousness Ltd. (“KinkConsciousness,” “we,” “us,” or “our”). We provide coaching, education, and online courses aimed at helping individuals explore sexuality, kink, and intimacy in a conscious and empowering way. These Terms & Conditions (“Terms”) govern your use of our websites, events, courses, products, and services (collectively, the “Products and/or Services”). By accessing or using our Products and/or Services, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

1. DEFINITIONS

  1. KinkConsciousness: A company incorporated in Montreal, Quebec, Canada, with an address at 1866 rue Atateken, Montreal, H2L 3L6, or any company/entity in which KinkConsciousness owns more than 50% share capital.

  2. Client/You: The person or entity purchasing or using our Products and/or Services.

  3. Products and/or Services: The products and services offered by KinkConsciousness, including but not limited to online courses, coaching sessions, training materials, events, and other related offerings.

  4. Contract: The agreement between you (the Client) and KinkConsciousness for the supply of Products and/or Services, comprising the Order, these Terms, and any other documents referenced herein.

  5. Fees: The fees payable by the Client for the supply of the Products and/or Services.

  6. Order: The Client’s request or purchase of the Products and/or Services, whether made online, over the phone, or in person, and documented in an order form, invoice, or confirmation email.

  7. Authorized Users: Any individual or entity authorized by the Client to access or use the Products and/or Services on the Client’s behalf.

2. ADULT CONTENT & AGE RESTRICTION

  1. Adult Content

    • Our Products and/or Services may include frank or explicit discussions of a sexual nature, including but not limited to kink, BDSM, and intimacy practices. This content is intended for a mature audience.

  2. Age Restriction

    • You must be at least 18 years of age (or the legal age of majority in your jurisdiction) to purchase or access our Products and/or Services. By making a purchase or accessing our content, you represent and warrant that you are 18 or older.

    • We do not knowingly provide our Products and/or Services to minors. If we discover that a minor has attempted to purchase or access our Products and/or Services, we reserve the right to cancel the Order and/or terminate access without notice.

3. HEALTH / THERAPY DISCLAIMER

  1. No Professional Advice

    • KinkConsciousness does not employ licensed medical, mental health, or other healthcare professionals, unless explicitly stated. All information and services we provide are for educational and informational purposes only and are not a substitute for professional therapy, counseling, or medical advice.

  2. Personal Responsibility

    • Engaging with topics such as sexuality, shame, intimacy, and kink can be emotionally challenging. You acknowledge that you are fully responsible for your own well-being, choices, and actions when participating in our Products and/or Services.

  3. Seek Professional Support

    • If you have concerns about your physical or mental health, or if you are experiencing distress, please consult a licensed healthcare provider. If you believe you may be in crisis, reach out to a crisis hotline or emergency services in your area immediately.

4. MENTAL WELL-BEING & PERSONAL SAFETY

  1. Emotional Triggers

    • Discussions around personal desires, shame, and sexuality may trigger emotional responses. You understand that you are free to discontinue participation in any exercise or discussion if it becomes uncomfortable.

  2. Limits of Our Scope

    • KinkConsciousness does not diagnose, treat, or provide therapeutic interventions for mental health conditions. Any stories, examples, or tools provided are solely for educational insight.

  3. Client Assumption of Risk

    • By participating in activities related to kink or BDSM as a form of personal growth, you assume all risks involved. KinkConsciousness disclaims all liability arising from any physical or emotional harm you may experience.

5. FORMATION OF CONTRACT

  1. Entire Agreement

    • These Terms, together with your Order and any additional policies referenced (including but not limited to our Privacy Policy and Results Disclaimer), form the entire agreement between KinkConsciousness and the Client.

  2. Acceptance

    • By completing an Order (e.g., checking out online or agreeing over the phone), you confirm that you accept and agree to these Terms. If you do not agree, do not proceed with the Order.

  3. Changes to Products/Services

    • KinkConsciousness reserves the right to modify, change, or discontinue any aspect of the Products and/or Services at any time without liability, provided such modifications do not fundamentally alter the nature of the Products and/or Services you have already purchased.

6. CLIENT OBLIGATIONS

By accessing or purchasing our Products and/or Services, you agree to:

  1. Provide Accurate Information

    • Ensure that all details you provide (e.g., name, billing info) are complete, accurate, and up to date.

  2. Respect Community Standards

    • Refrain from posting or transmitting unlawful, obscene, defamatory, or hateful content on any KinkConsciousness platform (including social media groups, forums, or chat).

  3. Comply with Payment Terms

    • Pay all Fees in accordance with your Order or any agreed payment schedule.

  4. No Unlawful Use

    • Not use the Products and/or Services for any unlawful purpose or in violation of any local, state, national, or international law.

  5. Limitations on Sharing

    • Not share or distribute the Products and/or Services (including login credentials, training materials, or access links) to any third party without prior written consent from KinkConsciousness.

7. FEES & PAYMENT

  1. Payment Schedule

    • The Fees for the Products and/or Services are detailed in your Order Form or as otherwise agreed in writing or over the phone. Payment may be required in full or in installments.

  2. Payment Methods

    • We accept credit/debit cards and other payment methods as specified on our checkout page. By providing payment details, you authorize us to charge the specified payment method for all due amounts.

  3. Overdue Payments

    • If any payment is overdue by more than 10 days, we may suspend or terminate your access to the Products and/or Services until the outstanding Fees are paid.

  4. No Set-Off

    • You agree to pay all amounts owed without any right of set-off or deduction.

  5. Chargebacks

    • You agree not to initiate any chargeback request with your bank or credit card provider before contacting us to resolve any disputes. In the event of an unsubstantiated chargeback, KinkConsciousness reserves the right to pursue all remedies available under law.

8. COOLING OFF & RIGHT TO CANCEL

  1. Cooling Off Period

    • We offer a 5-day “cooling off” period from the date of your Order. During this time, you may request to cancel your contract by emailing admin@kinkconsciousness.com.

  2. Effects of Cancellation

    • If you cancel within 5 days, your Product and/or Services will be terminated, and any refund will be processed in accordance with our refund policy.

  3. Waiver of Additional Rights

    • Some jurisdictions (e.g., EU) may offer a longer cooling-off period for digital services. By accessing or downloading the Product immediately, you may be waiving certain statutory rights of withdrawal.

  4. Refund Outside Cooling Off

    • If you request a cancellation outside the 5-day period, refunds (if any) are at KinkConsciousness’ sole discretion. We reserve the right to refuse refunds once the rescission period has elapsed.

9. NON-COMPETE

  1. Non-Competition Clause

    • You undertake not to compete or seek to compete, directly or indirectly, with the business of KinkConsciousness or offer products/services that are directly competitive, resulting in actual or anticipated loss to KinkConsciousness.

  2. Local Variations

    • You acknowledge that non-compete provisions may be subject to local laws and may not be enforceable in every jurisdiction. Nevertheless, this clause operates to the maximum extent permissible by law.

10. INTELLECTUAL PROPERTY RIGHTS

  1. Ownership

    • All intellectual property rights in the Products and/or Services, including but not limited to course materials, videos, and written content, belong to KinkConsciousness.

  2. Limited License

    • Upon purchase, we grant you a non-exclusive, non-transferable license to access and use the content strictly for your personal, non-commercial use.

  3. Unauthorized Use

    • You may not reproduce, distribute, modify, or create derivative works of any part of the Products and/or Services without prior written consent.

11. CONFIDENTIALITY

  1. Client Confidentiality

    • Our Products and/or Services are limited to registered participants. You agree not to publish, broadcast, disclose, or communicate to the public the identity or personal details shared by other participants, coaches, or team members.

  2. Privacy Expectations

    • We strive to maintain a confidential environment; however, any group discussions or community forums may involve inherent risks of disclosure. Exercise discretion in sharing personal information.

12. DISCLAIMERS & LIMITATION OF LIABILITY

  1. No Guarantees or Warranties

    • KinkConsciousness provides no guarantee of results or success. All Products and/or Services are provided on an “AS IS” and “AS AVAILABLE” basis. We disclaim all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

  2. Results Disclaimer

    • Every effort is made to accurately represent our offerings. However, individual results vary and depend on numerous factors. Any testimonials or examples are not guarantees. See our Results Disclaimer for full details.

  3. Limitation of Liability

    • To the maximum extent permitted by law, KinkConsciousness shall not be liable for any indirect, incidental, or consequential damages (including loss of profits, business, or data) arising from or related to your use of the Products and/or Services.

    • Where liability cannot be excluded, our aggregate liability is limited to the total Fees paid by you in the preceding 3 months.

  4. Force Majeure

    • Neither party shall be liable for failure or delay in performing obligations where such failure results from events beyond reasonable control (e.g., acts of God, natural disasters, pandemics, strikes, governmental actions).

13. RESULTS DISCLAIMER

Please visit out Results Disclaimer section for further details by clicking here.

14. COMPLAINTS

  1. How to File a Complaint

    • If you have a complaint, please email admin@kinkconsciousness.com with all pertinent information (dates, parties involved, transcripts, etc.) so we can investigate and respond promptly.

  2. Resolution

    • We aim to resolve complaints within a reasonable timeframe. If you are not satisfied with our response, you may have the right to pursue external remedies as permitted by law.

15. ASSIGNMENT & SUB-CONTRACTING

  1. No Assignment by Client

    • You may not assign, transfer, or sub-license your rights or obligations under this Contract without our written consent.

  2. Rights of KinkConsciousness

    • We reserve the right to assign or sub-contract our obligations, provided that such assignment does not reduce the level of service you receive.

16. WAIVER & VARIATION

  1. No Waiver

    • A waiver of any breach is not a waiver of subsequent breaches. Any waiver or variation must be in writing.

  2. Modifications

    • Except as set out in these Terms, any variation or amendment to the Contract will only be binding when agreed in writing between you and KinkConsciousness.

17. GOVERNING LAW & DISPUTE RESOLUTION

  1. Governing Law

    • These Terms shall be governed by and construed in accordance with the laws of Canada (province of Quebec), without regard to conflict of law principles.

  2. Jurisdiction

    • Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Montreal, Quebec, unless otherwise required by mandatory consumer protection laws in your jurisdiction.

  3. International Customers

    • If you access our Products and/or Services from outside Canada, be aware that you may be subject to different consumer protection laws, which may override certain provisions of these Terms.

18. SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

19. ENTIRE AGREEMENT

These Terms, together with any referenced policies (such as our Privacy Policy and Results Disclaimer) and the Order, constitute the entire understanding between you and KinkConsciousness and supersede all prior agreements, representations, or understandings.

20. CONTACT INFORMATION

For any questions, concerns, or requests regarding these Terms, please contact:

KinkConsciousness Ltd.
Email: admin@kinkconsciousness.com

We reserve the right to update or modify these Terms at any time. The most current version will always be posted on our website, and your continued use of our Products and/or Services signifies your acceptance of the updated Terms.