Purchase and Engagement Terms

These terms apply to everything sold by Lumineer, the professional practice of Aneta Kosinska: the Business Momentum Sprint, the e-book, and the monthly room. They form the contract between you and the practice for that purchase.

Where a separate written engagement letter or statement of work is signed for a Sprint, that document governs anything it addresses and these terms fill the gaps. Where these terms and the general terms of use conflict about a purchase, these terms win.

The disclaimer is incorporated into these terms. It is the document that explains what the work is, what it is not, and why no outcome is guaranteed. Please read it before buying.

Prices are in Canadian dollars and exclude applicable taxes unless stated otherwise at checkout. Prices may change, but never for a purchase already confirmed.

The Sprint price above is for one individual. A team or an organisation is priced by assessment, and the fee for that engagement is the one set out in the written confirmation described below.

The Sprint is by application. Nothing on this website is an offer capable of acceptance: it is an invitation to enquire. A contract forms only as set out below.

The sequence is deliberate, and either side may stop at any point before the last step:

1. You enquire, or book a discovery call.
2. We speak. The purpose is to work out whether three days would actually move what you described. You may be told it would not, in which case nothing is sold to you.
3. If it is a fit, you receive written confirmation of the dates, the fee and anything specific to your engagement.
4. A contract forms when you accept that confirmation in writing and the first payment is received.

The practice may decline or withdraw from an engagement, before it starts, where there is a conflict of interest, where the work is outside its competence, where what is being asked for is unlawful or unethical, or where it is clear the Sprint is not the right instrument. If that happens after payment, you are refunded in full.

Unless agreed otherwise in writing, the Sprint fee is payable in full before the first day. Instalments can be arranged and, where they are, the schedule is set out in your confirmation.

Payment is taken by bank transfer or by card through a payment provider. Card details are entered on the provider’s own systems and are never received or stored by the practice. The e-book is sold through a hosted checkout.

Invoices are due on the date stated. Overdue amounts may attract interest at 2% per month, and a Sprint may be postponed while a fee is outstanding. If a payment is reversed or charged back without first raising the issue under section 12, the practice may recover the amount and any fee charged to it.

Taxes

Canadian sales tax is charged where it applies. Ontario clients are charged HST; clients elsewhere in Canada are charged at the rate for their province. Where a client outside Canada is charged no Canadian tax, you are responsible for any tax, duty or reverse-charge obligation in your own country. Fees are stated exclusive of any withholding tax, and if you must withhold, the amount payable is increased so the practice receives what was agreed.

You pick the three days and they are held for you. All three must fall within 21 days of booking. That is a condition of the method rather than an administrative preference: spread the days too far apart and day one has gone cold before day two begins.

You may reschedule 1 time at no charge, with at least 7 days’ notice, to dates that still sit inside the window. Later or further changes are accommodated where the diary allows, and a reasonable administration fee may apply.

A day that you do not attend, or cut short, cannot be recovered or carried forward. If the practice has to move a day — illness, bereavement, an emergency — you are offered the earliest alternative dates and, if none works for you, a full refund of the unused part.

Days run at the times confirmed with you, in the Toronto time zone unless agreed otherwise, in person at 320 Bay Street or online.

The Sprint

The fee reserves three days of a single practitioner’s diary, consecutive or a few days apart, inside the 21-day window. That time is closed to other work and cannot realistically be resold at short notice, so the fee is not refundable. Booking is a commitment on both sides, and making that decision is part of what makes the three days work.

If you cancel 14 days or more before day one, part of the fee may be held as a credit towards later dates, at the practice’s discretion. It is a credit rather than money back, and it is never the whole fee. Cancel later than that, or once day one has begun, and the fee is spent, though one reschedule inside the 21-day window will be offered as a courtesy where the diary allows.

Cancellation must be in writing to aneta@lumineer.partners. Anything agreed goes back by the original payment method within 14 days.

The e-book

The e-book is a digital file delivered immediately. Because you receive it in full at once, it is generally not refundable once the download has been made available to you.

Two exceptions, and they are real ones:

• If it does not work. If the file will not download or is corrupt, tell us and you will get a working file or your money back.
• If you are a consumer in the EU or the UK, you normally have 14 days to withdraw from a distance contract. For digital content that right is lost once supply begins with your express consent and your acknowledgement that you lose it — which is what you give at checkout. If you would rather keep the right, do not download the file and email instead.

Beyond those two, refunds are at the practice’s discretion.

The monthly room

The seat fee is not refundable. Cancel more than 48 hours before a session and it is held as a credit towards a later one. Inside 48 hours the place is kept for you and the fee is spent, because the room is deliberately small and a seat left empty cannot be filled.

The method depends on what you bring to it. Nothing here is a threat; it is a description of what makes the three days work:

• Turn up, on the days, for the whole day.
• Answer honestly. A diagnosis built on a tidied version of the facts is worth very little.
• Provide the information and access agreed in advance, in reasonable time.
• Make sure you have authority to discuss what you are discussing, and to act on the decisions you take.
• Take your own legal, tax, accounting and health advice where a decision needs it.

Where a delay or a gap is caused by information not arriving, timelines move accordingly and the fee does not reduce.

This obligation is mutual and it is the part of these terms taken most seriously, because the work does not function without it.

Each party will keep the other’s confidential information in confidence, use it only for the engagement, and not disclose it to anyone else without permission. For you that covers your business information, your financials, your people and anything personal you bring into the room. For the practice it covers the method, the instrument, the question sets and its materials.

The obligation does not apply to information that:

• is or becomes public without a breach of these terms;
• was already lawfully known, without a duty of confidence;
• is independently developed without using the other’s information; or
• must be disclosed by law, a court, or a regulator — in which case only the minimum is disclosed, and notice is given first where it is lawful to do so.

There is one further exception, and it is stated plainly rather than hidden: a practitioner may disclose the minimum necessary where there is a serious and imminent risk of harm to you or to another person. That is a matter of conscience and, in some circumstances, law.

Confidentiality continues for five years after the engagement ends, and indefinitely for anything that is a trade secret.

The line is drawn so you can use your outputs freely and the method stays the practice’s:

The practice keeps the right to use the general skill, know-how and experience gained, as any professional does. It also keeps the right to use anonymised, aggregated observations across engagements to improve the method, in a form that could not identify you or your business.

Recording, and being written about

Sessions can be recorded for review, with consent to record given in the session.

Your name, your business, your quotes, your photograph and your numbers are used in marketing with your permission.

The Sprint is a professional service delivered with reasonable skill and care. It is not a promise of an outcome.

No revenue figure, profit figure, valuation, score, promotion, deal or personal change is guaranteed. Results depend on your market, your capital, your team, your timing and above all what you do afterwards. The disclaimer sets this out in full, together with the position on testimonials and published figures, and on why this work is not health care.

To the fullest extent the law allows, the practice is not liable for indirect or consequential loss, or for loss of profit, revenue, business, goodwill, opportunity, anticipated saving or data, however caused.

You remain responsible for your own decisions. The practice is not liable for the commercial consequences of a decision you take, whether or not it was discussed.

Nothing here excludes or limits liability for: fraud or fraudulent misrepresentation; death or personal injury caused by negligence; a breach of confidentiality; anything else that cannot lawfully be excluded; or any right you have under applicable consumer protection law.

Raise it directly and early. Write to aneta@lumineer.partners setting out what happened and what you would like done. You will get a substantive written response within 14 days.

If that does not resolve it, both sides agree to attempt mediation in Toronto with a mutually acceptable mediator before starting court proceedings, each bearing its own costs and sharing the mediator’s fee. Neither side is prevented from seeking urgent injunctive relief, and this step does not apply where it would cause a limitation period to expire.

Most purchases here are business purchases, and consumer protection legislation generally does not apply to them. Where you are a consumer — most obviously buying the e-book for yourself — you have statutory rights that these terms cannot reduce, and do not attempt to.

In Ontario, consumer protection legislation gives consumers rights in respect of internet agreements, including the right to be given specified information before you buy, to receive a copy of the agreement, and to cancel in defined circumstances where those duties are not met. Those rights apply in addition to everything above.

If you are a consumer in the EU or the UK, your statutory rights on conformity, remedies and withdrawal apply, and you may bring proceedings in the courts of your own country.

Where any clause in these terms would deny you a statutory consumer right, that clause does not apply to you and the rest of the terms continue.

Either side may end an engagement immediately, in writing, if the other commits a material breach and does not remedy it within 14 days of being asked, or becomes insolvent.

The practice may also end an engagement immediately where continuing would require it to act unlawfully or unethically, or where behaviour towards it is abusive or discriminatory. In that case you are refunded for work not yet delivered.

On ending: fees for work already delivered remain payable, deliverables produced and paid for remain yours, and the confidentiality and intellectual property sections survive.

Independent contractor

The practice acts as an independent contractor. Nothing creates an employment relationship, partnership, joint venture or agency, and the practice has no authority to bind you.

No exclusivity

The practice may work with other clients, including in your industry, subject always to confidentiality and to managing any actual conflict of interest. Where a genuine conflict arises it will be disclosed to you.

Assignment, severability, waiver, entire agreement

These provisions are as set out in the terms of use and apply here in the same way.

Governing law

These terms are governed by the laws of Ontario, Canada and the federal laws of Canada that apply there, and the parties submit to the exclusive jurisdiction of the courts of the Province of Ontario — subject to the consumer rights in section 13.