The NEXT Institute
Terms & Conditions of Use

These terms and conditions of use (“Terms”) are a legal agreement between The NEXT Institute Inc. (the “NEXT”, “us”, “we” or “our”) and you (“you” or “your”). These Terms, together with our Privacy Policy and License Terms [LINK] (when applicable), govern our relationship with you with respect to your use of our website and the features, tools, materials, goods and services available on the website (the “Website”).
By accessing the Website, you accept and agree to be bound and comply with these Terms, the License Terms (when applicable) [LINK TO LICENSE TERMS] and our Privacy Policy, each of which are incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

 

Ability to Accept Terms

You affirm that you have reached the age of majority in your jurisdiction of residence, and are fully able and competent to agree to these Terms. If you are accessing the Website on behalf of a corporation or other organization, you represent and warrant that you are authorized to access the Website and enter into these Terms on its behalf.

Changes and Amendments

We reserve the right to modify these Terms at any time and in our sole discretion, effective upon posting of an updated version of these Terms on the Website. When we do, we will revise the date at the bottom of this page. You agree to periodically review these Terms in order to be aware of any such modifications. Continued use of the Website after any such changes shall constitute your continued acceptance of these Terms. If you do not agree with these Terms at any time, you must not use the Website.

Orders and Terms of Sale

By placing an order with us for a product displayed on our Website (each a “Product”), you are (i) offering to purchase the Product, (ii) representing that all information you provide to us in connection with such order is true and accurate, and (iii) representing that you are an authorized user of the payment method provided.

When you submit your order by pressing the “Submit Order” button, describing among other things the Product(s) to be ordered, the purchase price and any applicable charges, the order will constitute an offer from you to NEXT to purchase the Product(s) described in the order confirmation, for the price and applicable charges set out in the order confirmation.

Orders are not binding on NEXT until accepted by NEXT, and are always subject to NEXT's right to modify or cancel your order (as set out below). NEXT’s acceptance of your order will be evidenced by return e-mail from NEXT to your e-mail address indicating that your order has been accepted.

Please note that when you send us your order, we may verify certain information before the order is fulfilled, including, without limitation, your personal information, your payment information, your creditworthiness, or take other steps to detect or protect against fraud or theft.

These Terms constitute a separate contract between you and NEXT for each purchase of a Product, and any defect or deficiency in any one transaction shall not entitle you to cancel any transaction for the purchase of other Product(s), whether ordered at the same time or not.

We reserve the right, in our sole discretion, to at any time (including after you have submitted your order) and without liability to you: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the Products or services offered; (c) change or update information in connection with any Products or services offered; (d) limit or cancel quantities purchased per person, per household or per order (such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address), and (e) modify or cancel your order, whether or not the order has been confirmed. If we modify your order, we will attempt to give you prior notice of this and we will provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will notify you by contacting you via the contact information you provided at the time the order was made. It is your responsibility to ensure that your contact information is accurate. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including re-sellers.

You may cancel or modify an order within 24 hours of placing the order.

If your payment method has already been charged for an order that is later modified or cancelled, we shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you.

Any payments made by any credit card are subject to the approval of the financial institution that has issued the credit card. All charges will be billed to the payment method that you select during the checkout process. By providing us with your payment method, you hereby authorize us to charge the full amount due for your purchase to such payment method.

Product and Pricing Information

Although the Website is accessible worldwide, not all Products offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. NEXT reserves the right to limit, in its sole discretion, the provision and quantity of any Product to any person or geographic area. Any offer for any Product made on the Website is void where prohibited. If you choose to access the Website from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Products are for your personal or internal business use only. You agree not to sell or resell any Products you purchase or otherwise receive from us.

NEXT attempts to be accurate in describing all Products available for sale; however, NEXT does not warrant that Product descriptions or other content of this Website are accurate, complete, reliable, current or error-free as they are updated regularly and change from time to time. NEXT is not responsible for typographical errors regarding the price or any other matter indicated nor can we guarantee that the user's monitor will accurately portray the actual colours of the Products. Your Product(s) and the packaging of your Product(s) may vary from that shown on images on the Website.

The availability of certain Products may be limited and/or not be available for immediate delivery. NEXT may cease to make Product(s) available at any time without prior notice in its sole discretion. In the event that NEXT is unable to deliver a Product ordered, we will notify you via e-mail and either your order will be automatically cancelled if the Product is unavailable or we will contact you to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available. All prices are subject to change.

Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial or other sales or any other taxes, dues, customs charges, import duties, or other fees of any kind (including without limitation any banking fees charged on international credit card payments). Separate charges for shipping and handling and taxes will be shown on the order confirmation page for each order, as applicable. You are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes, charges, duties or other fees associated with the order which may be charged in your jurisdiction.

Shipping and Risk of Loss

We will arrange for shipment of Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the cart page. Shipping charges vary depending on the location, size and weight of package.

A business/working day is a regular work day (i.e., Monday to Friday) in Alberta. Business/working days do not include weekends or Canadian or Alberta statutory holidays.

Orders received between Monday and Friday are usually processed within five (5) business days. Orders are not processed on statutory holidays or weekends. Orders received on Saturday and Sunday are usually processed by 5PM Mountain Time on the following Monday. Orders received on statutory holidays are usually processed the next business day.

We will send an email notification to the email address you provided in your order once your order has shipped.

We will make commercially reasonable efforts to ensure the Products will be delivered on or before the date indicated in the order confirmation at the location provided by you on checkout.

All Products are delivered via third party delivery companies, pursuant to a shipping contract. We reserve the right to choose any and all procedures, packaging and common carriers to ship Products; however, we generally ship Products by mail and courier. Shipping and delivery dates are estimates only and cannot be guaranteed. We may not be able to ship to post office boxes, to certain addresses or on certain days. We are not liable for any delays in shipments. We reserve the right to ship any order in multiple boxes or shipments.

We are not responsible for any errors you make in order contents or delivery address entry or if you are not available to receive the order. In case an order gets returned to us due to your data entry error or absence of recipient at the time of delivery, we will reship the Products to you, in which case an additional fee will apply.

Title to the Products and risk of loss of the Products passes to you when the Products are loaded with the carrier at our facility. Without limiting the generality of the foregoing, we assume no control over and are not responsible for weather-related damages occurred during Product transit after shipping or damages resulting from other causes beyond our reasonable control.

Returns, Refunds, and Warranties for Defective Products

You will be deemed to have accepted the Products unless you notify us in writing of any Non-Conforming Products within 5 days of receipt and furnish such written evidence or other documentation as reasonably required by us. “Non-Conforming Goods” means only the following: (i) product shipped is different than identified in the order confirmation; or (ii) Products are visibly damaged upon delivery.

If you notify us of any Non-Conforming Products within 5 days, we will, at our option: (i) replace the Non-Conforming Products with conforming Products, or (ii) provide a credit or refund equal to the actual price paid for such Non-Conforming Products. If you request a replacement of the Non-Conforming Products, we will, subject to availability of conforming Products, ship to you, such replacement Products within a reasonable time.

We warrant that the Products are free from material defects in material and workmanship. We are not liable for a breach of the warranty set forth in these Terms unless you give us written notice of the defect, reasonably described, and we reasonably verify your claim that the Products are defective. With respect to any such defective Products, we shall, in our sole discretion, either: (a) repair or replace such Products (or the defective part) or (b) provide a credit or refund equal to the actual price paid for the Products.

You acknowledge and agree that the remedies set forth in these Terms are your exclusive remedies for the delivery of Non-Conforming Products and any breach of the limited warranty provided in these Terms. Except as provided on these Terms, all sales of Products are made on a one-way basis and you have no right to return Products.

Access and Use

We hereby grant you permission to use the Website as set forth in these Terms, provided that: (a) you will not copy or distribute any part of the Website in any medium without our prior written authorization or as otherwise permitted by these Terms; (b) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (c) you will otherwise comply with these Terms.

In addition to the other terms set out in these Terms, you agree that you will not: (a) use the Website to collect or harvest any personal information, (b) upload or transmit any communications or content of any type on the Website that may infringe or violate any rights of any party; (c) use the Website for any purpose in violation of local, provincial, national or international laws or to solicit others to perform or participate in any unlawful acts; (d) use the Website to post or transmit material that is unlawful, discriminatory, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity; (e) submit false or misleading information to the Website; (f) upload any virus, worm, Trojan horse, time bomb, malware, or any other code intended to damage any hardware or software or operations; or (g) disable, "hack" or otherwise interfere with the proper functioning or security features of the Website.

The foregoing is merely a list of examples of prohibited conduct. We reserve the right to block your access to the Website or take other appropriate actions in our sole discretion in response to any inappropriate conduct, or for no reason at all.

Downloadable Materials

If you are granted access to downloadable materials on the Website, the License Terms [LINK] apply.

Tickets for Purchase

If you order tickets to an online workshop or event through the Website, the tickets will be emailed to you at the email address you provide in your order. Tickets and event attendance may be subject to additional terms and conditions provided at the time of purchase.

Account Security

For any portion of the Website that requires the creation of an account, you are responsible for all use of your account (under any user name or password), including purchases made using your account, and for ensuring that all use of your account complies fully with the provisions of these Terms. You agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Providing false contact information of any kind may result in the termination of your account.

You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You agree that your use of the Website and account shall be in accordance with applicable law. You agree to immediately notify us of any unauthorized uses of your account or any other breaches of security on the Website.

No Reliance

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither NEXT nor its parent, subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, have any responsibility or liability whatsoever for your use of the Website.

Term and Termination

These Terms are effective upon the date you first access or use the Website and continues until terminated by you or NEXT.

We may (in our sole discretion) suspend or terminate your access to or use of the Website without notification for any violation of these Terms, for other conduct that we deem unlawful or harmful to others. In the event of termination, you are no longer authorized to access the Website, you may not re-register for our Website, and we will use whatever means necessary to enforce this termination.

You may terminate these Terms in accordance with any written authorization from us for termination that we provide after you provide us with a written request for termination.

You understand and agree that upon termination of these Terms: (a) all licences granted to you under these Terms will end, unless otherwise expressly set out in these Terms; and (b) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Website, or any termination or suspension of the Website or deletion of your information or account data.

Geographic Restrictions

This Website is not intended for use in any jurisdiction where its use is not permitted. We make no representation that content provided on our Website is applicable or appropriate for use in locations outside of Canada. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with the local laws of your jurisdiction.

Third Party Services

If you enable, access or use third party services available on the Website, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against NEXT with respect to such other services. NEXT is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.

Links to Other Websites

Although the Website may link to other websites, including social media websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the conditions of use, privacy policies and other legal documents of any website which you access through a link from the Website. Your linking to any other off-site websites is at your own risk.

Our Intellectual Property

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, text, presentation, website layout, selection, and arrangement, are owned by NEXT, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of NEXT or its affiliates or licensors. All of our trademarks are protected by Canadian law. All other trademarks, service marks, company names or company logos, as used or referenced in the Website, are the property of their respective owners and are used under license.

Subject to and conditioned on your compliance with these Terms, we grant you a limited, non exclusive, non transferable, non sublicensable license to access and make use of the Website or its contents in accordance with these Terms. You are authorized to view, download and print portions of the Website solely for your personal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright, trademark or proprietary notices from the materials. Your computer and browser may also temporarily store or cache copies of materials being accessed and viewed. Any other use of materials on the Website, including: (a) reproduction, except as authorized herein; (b) modifications; (c) distributions; (d) republication; (e) transmission; (f) re-transmissions; or (g) public showing, without our prior written permission, is strictly prohibited. Unless otherwise stated in these Terms, the licenses granted by us terminate immediately and without notice to you if you do not comply with these Terms.

You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by NEXT. Any use of the Website or any intellectual property referenced in this section, except as permitted in these Terms or otherwise expressly authorized by the property owner, shall constitute a breach of these Terms and an infringement or violation of the rights of the property owner, and may be a violation of federal or other laws.

Privacy

By using our Website, you consent to the collection, use, reproduction, hosting, storage, transmission, and disclosure of your personal information in compliance with our Privacy Policy, found at https://www.thenext.ca/privacy-policy/.

Disclaimer of Warranty

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, OR ANY MATERIAL, PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, IS AT YOUR OWN RISK. NEXT AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, SECURE, PROBLEM-FREE, OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, ANY PRODUCTS, SERVICES, INFORMATION OR MATERIAL OBTAINED BY YOU THROUGH OUR WEBSITE, OR THAT THE SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE WEBSITE AND ALL PRODUCTS, SERVICES, CONTENT AND INFORMATION PROVIDED OR PURCHASED THROUGH OR ON THE WEBSITE ARE ARE PROVIDED TO YOU “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL NEXT NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS; YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE OR THE GOODS AND SERVICES OFFERED ON THE WEBSITE; ANY LINKED SERVICES; ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE WEBSITE; ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY PERSONS INTRODUCED TO YOU BY OUR WEBSITE; OR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE; REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT NEXT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF NEXT AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS OR ASSIGNS RELATING TO THE WEBSITE WILL BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS ($100.00). THESE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE WEBSITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE WEBSITE. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.

Indemnity

To the maximum extent permissible by law, you agree to defend, indemnify, and hold harmless NEXT and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs arising out of or relating to your breach of these Terms or your use or misuse of the Website, or the Products or services available on the Website, including, but not limited to, third-party sites and any use of the Website other than as expressly authorized in these Terms.

Governing Law

The formation, interpretation, and performance of these Terms and any disputes arising out of these Terms shall be governed by the substantive and procedural laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Calgary, Alberta, Canada, and you hereby submit to the personal jurisdiction of such courts.

Severability

Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms and any agreements or policies referred to in these Terms constitute the sole and entire agreement between you and NEXT regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Contacting Us

If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to the Website, you may send an email to [EMAIL].

This document was last updated on 20260204.