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Terms of Use

The following Terms of Use are entered into by and between You and KH Casting.

The following terms and conditions, together with any documents they expressly incorporated by reference (“Terms of Use”), govern your access to and use of www.khcasting.com, including any content, functionality and services offered on or through www.khcasting.com, whether as a guest or a registered user.

Copyright & Content

All content on the Website is protected by copyright, trademark and other applicable laws and are the property of Kim Hurdon Casting Inc. (“KH Casting”) unless otherwise noted.

© KH Casting 2023

All Rights Reserved

This website and its contents are protected by the copyright laws of Canada and international treaties to which Canada is a signatory. Except as otherwise provided for under copyright law, this website and its content may not be copied, published, distributed, downloaded or otherwise stored in a retrieval system, transmitted or converted, in any form or by any means, electronic or otherwise, without the prior written permission of the copyright owner.

Disclaimer

The information on this Website is provided as general information and is not professional advice.

The information on this Website operated by KH Casting is for general information and services relating to Voice Over only.

By visiting this Website, you have not retained KH Casting to give professional advice and the information on the Website should not be considered a substitute for professional advice.

KH Casting makes no warranty as to the accuracy, validity, timelines or completeness of any information on this Website or any Website that can be accessed through this Website.

KH Casting assumes no liability for any damages whatsoever, including, without limitation, indirect, special, consequential, punitive or incidental damages of any kind, whether brought in contract or tort, arising out of or in connection with this Website, the inability to use this Website or the use, reliance upon, or performance or any material contained in or accessed from this Website, or any linked Website, even if we are expressly advised of the possibility of such damages.

By using this Website, you agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use of the information available on this Website or the resources available for use or download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any action or program suggested or recommended on this Website.

KH Casting is not responsible for any errors or omissions or for the results obtained from the use of any information on this Website.

Access to any third-party website from this Website does not constitute an affiliation with or endorsement of such sites or their operators.

KH Casting has made every effort to produce and represent the content and services described on this Website. There is, however, no guarantee that you will earn any money or save money using the techniques and ideas. If revenue or sales figures are presented on our Website and our other social media or email channels, we are showcasing exceptional results, which do not reflect the average experience. You should not rely on any revenue, sales or earnings information we present as any kind of promise, guarantee or expectation of any level of success or earnings. Subject to our Refund Policy, we provide content without any express or implied warranties. By continuing to use our Website and content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.

Any testimonials presented on this Website from past clients or customers of our products and services are actual and truthful statements. By using this Website you specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website.

Information on this Website may be changed or updated at any time without notice.

Privacy

We respect your privacy and follow the principles of PIPEDA in the collection of Personal Information from you on our Website.

KH Casting respects your privacy and is committed to protecting it through this Privacy Policy.

Our privacy is based on the ten principles contained in the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”)

This Privacy Policy governs your access to and use of khcasting.com, including any content, functionality and services offered on or through khcasting.com, (the “Website”), whether as a guest or as a registered user. This policy applies to Personal Information we collect on the Website and in email, text, forms or other electronic messages between you and the Website.

Please read the Privacy Policy carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use the Website.

We do not use or share testimonials or demo samples without written permission. Personal Information

Personal Information under PIPEDA is any information about an identifiable individual, but does not include the name, title, business address or telephone number of an employee of an organization.

Why do we collect Personal Information?

We collect Personal Information in order to provide information regarding 1-on-1 Coaching, Demos, Classes and Workshops to you. In addition, we may send out newsletters, class updates, surveys and offer updates and documents containing Voice Over instruction and script preparation, which we provide as a service to you and others in our community.

The Company collects your information in order to record and support your participation in the activities you select. If you register to download a PDF or other resources, sign up for our newsletter, and/or purchase a product from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services.

How do we collect personal information?

We collect personal information only by lawful and fair means, and only collect personal information that is reasonably necessary for the legitimate purposes identified and for which consent has been obtained.

 

Information You Provide To Us

The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, general queries, providing comments or other feedback, and providing information when ordering a product or service via the Website.

We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.

Information We Collect Through Automatic Tracking Technology

As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our Website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system and your browser type.

The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.

 

Use of Cookies And Pixels

Similar to other commercial websites, our Website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and websites visited just before and just after our own, as well as your IP address.

The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.

Third Party Use Of Cookies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

Email Information

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any forms using your email address or make a purchase on this site. For further information see the email policies below.

Email Policies

We are committed to keeping your email address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as required by law.

All emails sent to us will be in compliance with the Canadian Anti-Spam Legislation (“CASL”), including clearly stating who the email is from and providing clear information on how to contact the sender. In addition, all email messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further email communication from us. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the email.

Collection From Third Parties

Sometimes we may obtain information about you from other sources including other third parties who represent that they have the right to disclose the information.

How do we use your information?

We use personal information for purposes of presenting our Website and its contents to you, providing you with information, offers for products and services, as well as information about your subscriptions and transactions, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

We may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.

Occasionally, we may use the information you provide to us to make offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.

Disclosure of Information

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected either automatically or through your voluntary action.

We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.

We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.

We may provide your information to any successor or assign in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets and/or business.

 

We may disclose information when legally compelled to do so when we, in good faith, believe that the law requires it, or for the protection of our legal rights, or when compelled by a court or other governmental entity to do so.

 

Security Measures

We use appropriate security measures to protect against loss, theft, unauthorized access, disclosure, use or modification of personal information. Such measures will vary depending on the sensitivity, amount, format, nature and storage of the personal information and will involve, as applicable, physical, organizational and electronic security measures, including premises security, restricted file access, technological safeguards including security software and firewalls to prevent unauthorized computer access, and password and security policies. In communicating with us, you should be aware that email is not a fully secure medium.

Updating Information and Correcting Errors

Since we use your personal information to provide goods and services to you, it is important that the information be accurate and up-to-date. If any of your information changes, is inaccurate or incomplete, please inform us so that we can make any necessary changes.

Access to Personal Information

We will respond promptly to any request for access to your personal information and will advise you of the cost, if any, prior to the retrieval of such records or information. We will not respond to requests for access to personal information that are frivolous, vexatious or repetitious. In certain circumstances, we may be unable to provide access to some or all of the personal information that we hold about you.

Visiting GDPR Rights

If you are visiting this Website from within the European Union (“EU”), you are entitled to certain information and have certain rights under the General Data Protection Regulation of the EU which include the following:

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) We decide that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that we store and the rights to either rectify or erase your personal data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

To the extent that you provided consent to our processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

For more information about your rights as a website visitor from the EU and the GDPR, please see the European Commission website here - https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-r eform-eu-data-protection-rules_en.

 

Privacy Policy Changes

We may change our Privacy Policy from time to time without notice. Please check our Website for the most up-to-date version of the policy.

Questions, concerns or request for access

If you have any questions or concerns regarding our Privacy Policy, please contact us as follows:

Kim Hurdon, Owner, KH Casting kim@khcasting.com September 15, 2023


Email and other Electronic Communications

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by email and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

User Communication

 

The Website may contain chat areas, news groups, forums, communities, comment sections or other message or communication facilities designed to enable you to communicate with the public at large or with a group.

You agree that when using features of the Website that allow for communication by you that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information, or upload files unless you won or control the rights thereto to have received all necessary consents.

You agree not to advertise or offer to sell or buy any goods or services for any business purpose, or harvest or otherwise collect information about others, including email addresses without their consent or violate any applicable laws or regulations.

The Company has no obligation to monitor the user communications but reserves the right to review materials posted to the Website and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the user communication services at any time without notice for any reason whatsoever and to disclose any information as necessary to satisfy any applicable laws.

Cancellation and Refund Policies

Terms & Conditions and Purchase Policies for Online Classes and Workshops:


Reservations are available on a first-come first-served basis, with non-refundable payment due upfront. Class registration must be completed no later than one hour prior to class start time in order to be guaranteed admission.

Credit may not be applied to future sessions or services in the event of any missed classes or cancellations made on the part of the purchaser.


Please note that all class times are posted in Eastern Standard Time. Schedule subject to change.

Terms & Conditions and Purchase Policies for Demo Bookings:


Reservations are dependent upon studio availability, with full payment due upfront. Cancellations made within 48 hours of the final record date may not be eligible for credit or refund for any applicable studio fees incurred, as per the facility booking policies & procedures. Please note that arrangements are made in Eastern Standard Time. Booking schedule subject to change.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Jurisdiction

The agreement between you, the user and KH Casting shall be governed by and interpreted in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any proceeding related to this agreement.

 

Contact Information


For any questions regarding our Terms of Use, please contact: kim@khcasting.com

 

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