Terms and Conditions
These Terms and Conditions constitute a legally binding agreement between you, the User of this Website and associated services, and Canademica Inc. Please read these Terms and Conditions carefully before using Our Website and Services.
By using our Services, you consent to the data practices described in the Privacy Policy as well as to these Terms and Conditions and the Cookie Policy. If you do not agree with these policies, please leave this website and discontinue use of our Services immediately.
By using our Services, you consent to the data practices described in the Privacy Policy as well as to these Terms and Conditions and the Cookie Policy. If you do not agree with these policies, please leave this website and discontinue use of our Services immediately.
1. Acceptance of Terms and Conditions, Privacy and Cookie Policies
- 1.1 Acceptance of Terms: Your acceptance of these Terms and Conditions occurs when you:
- 1.1.1 Use, view, or navigate Our Website or Services;
- 1.1.2 Click to view or manage the cookie preferences for the Website;
- 1.1.3 Create an account on this Website;
- 1.1.4 Click the "send" button or similar when forwarding a message with personal contact details for the purpose of receiving marketing and promotional materials about our courses, services, and other such related information;
- 1.1.5 Click the "accept" button related to these Terms and Conditions anywhere on the Website; or
- 1.1.6 Make a purchase on our Website.
- 1.2 Legal Capacity: You must have the legal capacity to enter into this agreement. If you are under the age of eighteen (18) or the age of majority in your jurisdiction, whichever is higher, you may only use Our Services with the involvement and express consent of a parent or legal guardian. For users in the European Union, the minimum age for consent is 16 (GDPR Article 8 minimum age of digital consent), unless specified otherwise by individual member states. The parent or legal guardian will be responsible for all your activities and must agree to these Terms and Conditions on your behalf.
- 1.3 Educational Context: Canademica Inc. is a validated online private school listed by the Ontario Ministry of Education, Canada, assigned BSID #889251 in compliance with the Education Act of Ontario, Canada (see Section 4.1).
- 1.4 Relationship to Other Policies: These Terms and Conditions are to be read in conjunction with our Safe and Respectful Learning Policy, Privacy Policy and Cookie Policy, which are incorporate into these Terms and Conditions by reference. Your use of Our Services is also subject to these additional policies. Our processing of your personal data is governed by these Terms and Conditions as well as our Privacy Policy and Cookie Policy.
- 1.5 Modifications to Terms: We reserve the right to modify these Terms and Conditions. We will provide at least 30 days' notice before any material changes take effect, either by email or through a prominent notice on our Website. Minor changes may be effective immediately upon posting. You have the right to reject these changes by discontinuing use of our Services. If you continue to use our Services after the changes take effect, this will indicate your acceptance of the modified Terms and Conditions. However, any changes will not apply retroactively and will not alter the terms of any previous interactions with us.
- 1.6 User Responsibility: It is your responsibility to review these Terms and Conditions periodically for changes. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website and Our Services.
- 1.7 No Contractual Offer: No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order for any Services constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon our sending a purchase confirmation email with the corresponding invoice to you.
2. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- 2.1 "Account" means the personal user profile, including login credentials and other personal details, created by Users to access Paid Content and communication systems on the Website and/or Learning Management System (LMS). For Users under the age of majority, the Account is managed by their parent or legal guardian. Personal and Payment Information associated with the Account is processed in accordance with these Terms and Conditions as well as our Privacy Policy.
- 2.2 "Content" refers to any and all forms of information, data, and material that appear on or form part of the Website or Our Services, including but not limited to text, graphics, images, files, books, audio, video, software, data compilations, page layouts, underlying code, and software, whether proprietary to Canademica Inc. or licensed from third parties.
- 2.3 "Course" means any educational program, class, or series of lessons offered by Us through the Website, LMS, or Our Services.
- 2.4 "Facilities" refers to any online tools, services, Content, or information provided by Us through the Website, LMS, or separate distribution, either currently or in the future.
- 2.5 "Learning Management System" or "LMS" means the online platform used by Us to deliver Courses and related Services to Users.
- 2.6 "Order" refers to a request made by a User to purchase Services offered by Us, including but not limited to enrollment in Courses.
- 2.7 "Paid Content" means any Content or Service offered by Canademica Inc. for which a fee is charged.
- 2.8 "Payment or Billing Information" refers to any financial details required for the purchase of Services, including but not limited to credit/debit card numbers, bank account numbers, and other financial information necessary for processing payments. This information is processed securely and in accordance with applicable data protection laws, as detailed in these Terms and Conditions as well as our Privacy Policy.
- 2.9 "Personal Data" means any information relating to an identified or identifiable natural person ('data subject'), as defined by the General Data Protection Regulation (GDPR) and other applicable data protection laws. The processing of Personal Data is governed by these Terms and Conditions as well as our Privacy Policy.
- 2.10 "Privacy Policy" refers to Our policy regarding the collection, use, storage, and protection of User data.
- 2.11 "Services" means all educational services, Courses, and related Content provided by Us through the Website, LMS, or other means of distribution.
- 2.12 "User", "Users", "You", "Your", "Student", or "Learner" refers to any person accessing the Website, LMS, or using Our Services, who is not employed by Canademica Inc.
- 2.13 "Website" means the website operated by Canademica Inc. at www.canademica.com and any sub-domains thereof, unless expressly excluded by their own terms and conditions.
- 2.14 "We", "Us", "Our", "Canademica", or "Owner" refers to Canademica Inc., a company incorporated in Canada with Corporation Number 1407875-6 and Business Number (BN) 724098504RC0001. Canademica Inc. is a validated online private school listed by the Ontario Ministry of Education, Canada, assigned BSID #889251, with address;
Canademica Inc.
895 Don Mills Road, Suite 900
Two Morneau Shepell Centre
Toronto, Ontario
CANADA M3C 1W3
admin@canademica.com
www.canademica.com
895 Don Mills Road, Suite 900
Two Morneau Shepell Centre
Toronto, Ontario
CANADA M3C 1W3
admin@canademica.com
www.canademica.com
- As the data controller, We are responsible for determining the purposes and means of processing Personal Data in compliance with applicable data protection laws.
- 2.15 "Consumer" means any natural person who, in contracts covered by these Terms and Conditions, is acting for purposes which are outside their trade, business, craft, or profession, in line with the definition provided in the EU Consumer Rights Directive or applicable Canadian consumer protection legislation. Consumers may have additional rights under their jurisdiction and local laws.
- 2.16 "Cooling-off Period" refers to the period within which a Consumer has the right to cancel a contract for Services without giving any reason, as stipulated by applicable consumer protection laws. However, this right to cancel during the Cooling-off Period may be affected in the ways outline in Section 5 of these Terms and Conditions.
- 2.17 "Intellectual Property Rights" means all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, and any other intellectual property rights, in each case whether registered or unregistered.
- 2.18 "Cookie Policy" refers to Our policy regarding the use of cookies and similar technologies on the Website. This policy explains how we use these technologies and how you can control them, in compliance with applicable data protection laws.
- 2.19 "Terms and Conditions" means these terms and conditions as updated from time to time.
- 2.20 "Consent" means any freely given, specific, informed, and unambiguous indication of a User's wishes by which they, through a clear affirmative action, signify agreement and opt-in to the processing of their Personal Data or to be bound by these Terms and Conditions. For certain Services, explicit consent may be required.
- 2.21 "Acceptance" refers to the User's agreement to be bound by these Terms and Conditions, typically indicated by clicking an "I Agree" button, continuing to use the Website after being presented with the Terms, or any other clear affirmative action.
- 2.22 "Non-credit Course" means any educational Course that does not provide credits towards an officially recognized degree or diploma (see Section 4.1).
- 2.23 "Legal Capacity" refers to the ability of a person to enter into a legally binding agreement, which typically requires the person to be of legal age in their jurisdiction and to have the mental capacity to understand and be bound by the terms of the agreement.
- 2.24 "Legally Binding" means that the terms of an agreement are enforceable under the law, creating mutual obligations between the parties involved.
- 2.25 "ID" or "Identification" means any form of personal identification used to verify a User's identity, which may include government-issued identification, student numbers, or unique identifiers assigned by Canademica.
- 2.26 "Certificate of Completion" means the document issued by Canademica upon successful completion of a Course, which is not equivalent to a diploma or degree from a recognized educational institution.
- 2.27 "User Content" refers to any content, including but not limited to text, images, or videos, that a User uploads, posts, or otherwise contributes to the Website or LMS. The processing and potential public display of User Content is subject tot hese Terms and Conditions as well as our Privacy Policy and your consent settings.
- 2.28 "Academic Integrity" means the commitment to and demonstration of honest and legally acceptable behaviour in an academic setting, free from fraud or deception.
- 2.29 "Enrollment Period" refers to the duration for which a User has access to a specific Course or set of Courses.
- 2.30 In these Terms and Conditions, unless the context otherwise requires:
- 2.30.1 words importing any gender include every gender;
- 2.30.2 words importing the singular number include the plural number and vice versa;
- 2.30.3 words importing persons include firms, companies, and corporations and vice versa;
- 2.30.4 references to numbered clauses and schedules are references to the relevant clause in or schedule to these Terms and Conditions;
- 2.30.5 any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
- 2.30.6 the headings to the clauses and schedules of these Terms and Conditions are not to affect the interpretation;
- 2.30.7 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or bylaw made under that enactment;
- 2.30.8 where the word 'including' is used in these Terms and Conditions, it shall be understood as meaning 'including without limitation'.
- 2.31 "Fair Use" refers to the limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Fair use is determined on a case-by-case basis, considering factors such as the purpose of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work.
- 2.32 "Intellectual Property" means creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. It includes, but is not limited to, patents, processes, copyrights, trademarks, trade secrets, and design rights.
- 2.33 "Watermark" refers to a form of digital signature embedded in a document, image, or video, which identifies its origin or ownership. Watermarks may be visible or invisible and are used to protect intellectual property rights.
- 2.34 "Trademark" means a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. Trademarks used in relation to services are sometimes called service marks.
- 2.35 "Copyright" refers to the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
- 2.36 "Customer" refers to any User who procures Services from Canademica Inc., whether for personal or business use.
- 2.37 "Business day" refers to any day of the week from Monday to Friday that Canademica operates from 9:00am to 3:00pm, Eastern Time zone, North America, whereby such days exclude:
(a) all public, statutory, or religious holidays as celebrated in the City of Toronto, Ontario, Canada;
(b) all twenty-one (21) days from December 21st to January 10th of the following calendar year, inclusive;
(c) all seven (7) days from July 1st to July 7th, inclusive, of a given calendar year; and
(d) all other days formally communicated at least one month in advance by Canademica to its users via the LMS.
NOTE: All Canademica Users and Staff may also claim statutory or religious holidays and such as per their personal faith or jurisdiction, providing they formally submit in writing all applicable supporting documentation for said holidays within the applicable period and/or deadline via email to admin@canademica.com
3. User Accounts and Eligibility
This section outlines the requirements and processes for creating and maintaining a user account with Us. It also details the eligibility criteria for using our services, including age restrictions and account management responsibilities.
- 3.1 Account Creation: To access certain Services, including purchasing a course or reviewing free course content, on our Website and LMS, you must create an Account. When creating an Account, you agree:
- 3.1.1 To provide accurate, current, and complete information.
- 3.1.2 To provide personal data that is necessary for the creation and maintenance of your Account, in line with the principle of data minimization.
- 3.1.3 To be solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer or device.
- 3.1.4 To responsibly exercise the right to request access to, correction of, or deletion of your Account information at any time, subject to these Terms and Conditions as well as our Privacy Policy.
- 3.2 Account Eligibility:
- 3.2.1 You must be of legal age in your jurisdiction to create an Account. If you are under the age of eighteen (18) or below the age of majority in your jurisdiction, you may only create an Account and use Our Services with the involvement and express consent of a parent or legal guardian.
- 3.2.2 By creating an Account, you represent and warrant that you have the legal capacity to enter into this agreement.
- 3.2.3 For users not of legal age, or under 18 years of age, whichever is greater, we require verifiable parental consent for the processing of personal data, in compliance with GDPR Article 8.
- 3.3 Account Security:
- 3.3.1 You are responsible for maintaining the security of your Account and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
- 3.3.2 Users understand and acknowledge their responsibility in augmenting the security of their account via two-factor authentication (2FA).
- 3.3.3 Lack of account security can result in a User's immediate service refusal, Account termination, cancellation, or suspension, at our sole discretion.
- 3.3.4 In the event of a data breach that is likely to result in a high risk to your rights and freedoms, we will inform you without undue delay, in accordance with GDPR Article 34.
- 3.4 Account Types and Access:
- 3.4.1 Student Accounts: These are standard Accounts for individual Users enrolling in Courses.
- 3.4.2 Parent/Guardian Access to Student Accounts: In the case of users not yet of legal age, parents or legal guardians may request and receive access to the student account. This access can be revoked by a Student who, in the interim of completing a course, becomes of legal age.
- 3.4.3 Administrator, Teacher and Other Accounts: These are special Accounts with elevated privileges, granted at Canademica's discretion.
- 3.4.4 Different account types may involve different levels of data processing. For details on how we process data for each account type, please refer to these Terms and Conditions as well as our Privacy Policy.
- 3.5 Account Information:
- 3.5.1 You agree to keep your Account information up-to-date, including your email address and payment information.
- 3.5.2 We reserve the right to send electronic communications to the email address associated with your Account for administrative purposes. It is your responsibility to maintain a valid email address and to read these communications.
- 3.5.3 You have the right to request a copy of the personal data we hold about you. You can exercise this right by contacting us at admin@canademica.com.
- 3.6 Account Termination or Suspension:
- 3.6.1 You may terminate or suspend your Account at any time by contacting us at admin@canademica.com. Upon receiving your request, we will process the termination and delete your personal data without undue delay, except where we are required to retain certain information by law or have legitimate grounds to do so.
- 3.6.2 We reserve the right to terminate or suspend your Account immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms and Conditions.
- 3.6.3 Upon termination or suspension, your right to use the Services will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Services. You may also exercise other Rights as outline in these Terms and Conditions and in the Privacy Policy, including the right to data erasure or portability where applicable.
- 3.6.4 All provisions of the Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- 3.6.5 If We terminate or suspend your Account, you will be notified by email and an explanation for the termination will be provided, unless doing so would violate legal or security requirements.
- 3.7 Inactive Accounts: We reserve the right to suspend, cancel, or terminate Accounts that remain inactive for a period beyond one (1) year, as determined by a user's last login, as well as those for whom the term of their enrollment has expired. We will provide notice via the email associated with the Account at least thirty (30) days before such termination, giving you the opportunity to reactivate your account or request data deletion.
- 3.8 Account Data Processing and User Rights
- 3.8.1 We process your personal account data in accordance with these Terms and Conditions as well as our Privacy Policy and applicable data protection laws.
- 3.8.2 You have the right to object to certain types of processing, including processing for direct marketing purposes.
- 3.8.3 Where we rely on your consent for processing, you have the right to withdraw this consent at any time.
- 3.8.4 For a full description of your account data protection rights and how to exercise them, please refer to these Terms and Conditions as well as our Privacy Policy.
- 3.9 Account Retention: We will retain your account data for as long as necessary to provide our Services or comply with our legal obligations. Inactive accounts may be suspended after one year of inactivity and deleted after two years, subject to any legal requirements to retain the data. You will be notified before any such action is taken.
4. Orders, Payments, Services, Course Enrollment, and Regulatory Compliance
This section details the process of ordering and paying for our services, including course enrollment. It also outlines our regulatory compliance as an educational institution and explains how we handle your personal and financial information in accordance with applicable laws.
- 4.1 Services Offered
- 4.1.1 Users understand and acknowledge that Canademica Inc. is a validated online private school listed by the Ontario Ministry of Education, Canada, assigned BSID #889251. Canademica's curriculum embraces Education 4.0, integrating technology and personalized, experience-based learning validated by extensive research, such as case-based learning, to prepare students for Industry 4.0's evolving systems, artificial intelligence (AI), and multifaceted impacts on society and the future of work. As such, Our curriculum is independently designed, developed, and delivered beyond the scope of outdated ministry curriculum. Our courses are offered in compliance with the Education Act of Ontario, Canada and are designated as "non-credit," thus not contributing toward the traditional 30-credit Ontario Secondary School Diploma (OSSD) which is normally completed within a full-time four-year program of secondary education (or equivalent in other jurisdictions). Our courses are offered as a co-curricular or extracurricular learning opportunity to complement and augment a User's traditionally accredited secondary education.
- 4.1.2 The personal data processed for course enrollment and delivery is limited to what is necessary for these purposes, in line with the GDPR principle of data minimization. For details on data processing, please refer to these Terms and Conditions as well as our Privacy Policy.
- 4.2 Course Descriptions and Availability
- 4.2.1 We strive to provide accurate descriptions of our courses, including content, duration, and other details. Some information is descriptive for the purpose of providing a sense of the anticipated learning experience, including average weekly time commitment, or the desired learning outcomes. This information does not constitute a legally binding promise of specific results.
- 4.2.2. We cannot expressly guarantee that Users will all exhibit the same level of mastery on completion of any given course, as there are a number of variables impacting a learner's learning, proficiency, and cognitive or emotional transformation.
- 4.2.3 Course availability may vary and is subject to change without notice. We do not guarantee that any particular course will be available at all times.
- 4.2.4 We reserve the right to make necessary changes to course content or structure. Any material changes will be communicated to enrolled students as soon as possible.
- 4.2.5 Course delivery incorporates both synchronous and asynchronous learning activities to accommodate diverse learning styles and time zones.
- 4.2.6 Course Content and Curriculum
- 4.2.6.1 All course content is subject to approval by Canademica's Curriculum Committee to ensure alignment with our educational philosophy and high academic standards.
- 4.2.6.2 Course content is reviewed annually for accuracy, relevance, and alignment with current educational best practices.
- 4.2.6.3 While maintaining consistent core content, courses may be customized to meet specific student needs or interests, subject to approval.
- 4.3 Ordering Process
- 4.3.1 To order a course subscription, or to access free review content, Users must have a registered Account and provide all required information. We collect only the personal data necessary for processing your order and providing the requested services.
- 4.3.2 By placing an Order, you make an offer to purchase the selected Services.
- 4.3.3 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept.
- 4.3.4 Our acceptance is indicated by Us sending to you a purchase confirmation email with the corresponding invoice. Only once We have sent you a purchase confirmation email will there be a binding contract between Canademica Inc. and you.
- 4.3.5 Users understand and accept that courses are purchased as a non-recurring subscription service for the standard period of three hundred and sixty-five (365) days from the date of purchase.
- 4.3.6 Subscriptions are, by default, not automatically renewed, providing users the benefit of full control of their duration and subsequent renewals subject to the user's request for a renewal.
- 4.4 Purchase confirmations will be sent to you before the Services begin and shall contain the following information:
- 4.4.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 4.4.2 Fully itemized pricing for the Services ordered including, if applicable, taxes and other additional charges;
- 4.4.3 Relevant times and dates for the provision of the Services, as applicable;
- 4.4.4 User credentials and relevant information for accessing those services.
- 4.4.5 Users understand, acknowledge, and accept that purchase confirmations and related communications constitute necessary processing of your personal data for the performance of our contract with you.
- 4.5 Pricing and Payment
- 4.5.1 All prices are listed in United States Dollars (USD or US$) unless otherwise specified.
- 4.5.2 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or add or remove any special offers, discounts, promotions, or similar, from time to time and as necessary.
- 4.5.3 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, the price that was valid at the time of the order shall be used.
- 4.5.4 Payment for Services shall be made via the Stripe payment gateway/method we offer, as completed by you during the checkout process. Our Stripe payment gateway processing is compliant with the Payment Card Industry Data Security Standard (PCI DSS).
- 4.5.5 Payment shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the course or subscription plan you purchased and at the same day of each subsequent period ("billing cycle") for charges accrued during the previous month ("billing cycle") and/or as indicated in the order confirmation you received.
- 4.5.6 By providing payment information, you represent and warrant that you have the legal right to use any payment method(s) utilized and that you have permission to submit Payment Information where permission may be required.
- 4.5.7 We only store your billing address information and do not store payment card numbers. All payment processing is handled by secure Stripe's gateway payment processors. For more information on how we handle financial data, please refer to our these Terms and Conditions as well as Privacy Policy.
- 4.5.8 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by applicable data protection laws and should use and hold your personal information accordingly.
- 4.6 Course Enrollment and Access
- 4.6.1 Upon successful payment and Order confirmation, you will be enrolled in the course(s).
- 4.6.2 Access to course materials will be granted for the specified Enrollment Period, which may vary by course.
- 4.6.3 You are responsible for meeting any technical requirements (e.g., internet connection, compatible devices) necessary to access and use the courses.
- 4.6.4 We aim to fulfill your Purchase within five (5) business days or if not, within a reasonable period following your Order, unless there are exceptional circumstances.
- 4.6.5 If the Services are to begin within fourteen (14) calendar days of Our acceptance of your Purchase, you will be required to expressly acknowledge in writing to admin@canademica.com that your statutory cancellation rights will be affected.
- 4.6.6 Your course progress and completion data will be processed for the purpose of providing the educational service you have requested. This data will be retained in accordance with our data retention policy, as outlined in these Terms and Conditions as well as our Privacy Policy.
- 4.7 Provision of Services
- 4.7.1 We shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice and in compliance with applicable educational standards and data protection regulations.
- 4.7.2 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately at admin@canademica.com to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) business days.
- 4.7.3 We provide technical support via our online support forum, email, phone, zoom call, and/or similar. We make every effort possible to respond in a timely manner and within five (5) business days but do not guarantee a particular response time. Please visit our Support Page for details.
- 4.8 Certificate of Completion
- 4.8.1 Upon successful completion of a course, as determined by the Principal, you may receive a Certificate of Completion.
- 4.8.2 This Certificate is not equivalent to the Ontario Secondary School Diploma (OSSD) which are normally completed within a four-year program of secondary education (or equivalent in other jurisdictions), and may not be recognized for credit by other secondary or postsecondary institutions.
- 4.8.3 Certificates of Completion and Certificates of Excellence are awarded to Users at the discretion of the Principal, subject to the satisfactory completion of a given course's activities, assignments, and other requirements, all submitted and satisfactorily completed within the course duration and/or contractual timeline.
- 4.8.4 Users accept that such Certificates may be subject to a public or private listing of verifiable authenticity whereby any given Certificate is identified by a unique identification number. Users can exercise their rights to privacy, as per their jurisdiction (see these Terms and Conditions as well as Privacy Policy), should they wish to be removed from any such public listing.
- 4.8.5 The issuance and verification of Certificates of Completion involve the processing of your personal data. This processing is necessary for the performance of our contract with you and to comply with our legal obligations as an educational institution.
- 4.9 Data Processing in Course Delivery
- 4.9.1 In delivering our courses, we may process various types of personal data, including but not limited to your identity, contact details, course progress, and assessment results.
- 4.9.2 This processing is necessary for the performance of our contract with you and to meet our legitimate interests as an educational provider.
- 4.9.3 We may use your anonymized or pseudonymized data for analytics, service improvement purposes, contractual obligations with you, and regulatory compliance reporting requirements. This includes anonymized periodic reporting requirements with the Ministry of Education, Ontario, Canada via OnSIS. As such, Users understand and acknowledge Canademica's need to meet our obligations under the Education Act of Ontario, Canada.
- 4.9.4 You have the right to object to processing based on legitimate interests, where applicable. For more information on your rights and how to exercise them, please refer to these Terms and Conditions as well as our Privacy Policy.
- 4.10 International Data Transfers: In providing our Services, your personal data may be transferred to and processed in countries outside your country of residence, including countries that may not provide the same level of data protection as your home country. We ensure that such transfers comply with applicable data protection laws, including by using Standard Contractual Clauses approved by the European Commission or other appropriate safeguards.
5. Cancellations, Refunds, and Termination of Services
This section outlines our policies on cancellations, refunds, and service termination. These policies are designed to comply with applicable consumer protection laws and data protection regulations. Please note that your rights may vary depending on your jurisdiction.
We want you to be completely satisfied with the Subcriptions, Courses, or Services you order and purchase from Us. If you need to speak to us about your Purchase, then please contact customer care by email at admin@canademica.com Prospective Users are given the opportunity to carefully review course contents and enroll in free sample content before making a purchase.
We want you to be completely satisfied with the Subcriptions, Courses, or Services you order and purchase from Us. If you need to speak to us about your Purchase, then please contact customer care by email at admin@canademica.com Prospective Users are given the opportunity to carefully review course contents and enroll in free sample content before making a purchase.
- 5.1 Cancellation by User: Courses are provided as an "all-in-one" package. Once you have accessed the full course materials, as recorded in our systems, a confirmed purchase is considered final. However, you retain certain rights as outlined in these Terms and Conditions, depending on your jurisdiction.
- 5.2 Refund Policy
- 5.2.1 Course enrollment is completed at the time a purchase is confirmed via email or via the LMS, without the possibility of a cancellation or a refund.
- 5.2.2 If a User does not complete a Course within the stipulated course duration, they will not be eligible for a refund of any enrollment or other fees paid.
- 5.2.3 Retaking a Course or extending its duration is subject to non-refundable additional fees, as per any applicable policies. Users will have to repurchase the subscribed Course for subsequent sessions or dates, subject to availability and technical limitations. We cannot guarantee that users can extend or retake a Course in the event a course is discontinued after their subscription expires.
- 5.2.4 In exceptional circumstances, refund requests will be considered on a case-by-case basis. Such requests must be submitted in writing to admin@canademica.com.
- 5.2.5 In all cases, refund considerations are subject to a User's jurisdiction and applicable legislation outlining cooling-off period rights.
- 5.2.6 In the event of a refund, we will only retain personal data necessary for record-keeping purposes or as required by law. All other personal data associated with the cancelled service will be deleted or anonymized in accordance with our data retention policy.
- 5.3 Cooling-off Period for EU Consumers
- 5.3.1 If you are a consumer resident in the European Union (EU), you may have the right to cancel a non-subscription Order within fourteen (14) days without giving any reason, in accordance with the EU Consumer Rights Directive.
- 5.3.2 The cooling-off period expires fourteen (14) days (336 hours) from the moment of the non-subscription purchase order (i.e., when you receive your Order confirmation or complete course enrollment in the LMS).
- 5.3.3 To exercise this right, you must inform us of your decision to cancel by a clear statement (e.g., a message sent by email to admin@canademica.com).
- 5.3.4 Your right to cancel and receive a refund for a non-subscription order during the cooling-off period may be affected in the following ways:
- 5.3.4.1 For digital content not supplied on a tangible medium, the cooling-off period ends when the downloading, access, or streaming of the content begins, provided that you have given your express prior consent and acknowledged that you will lose your right of withdrawal. Consequently, You acknowledge and agree that, once you have accessed any content, We are not obliged to offer you a right of withdrawal, cancellation, or refund, in accordance with the provisions of the regulations applicable to the consumer since it applies the exception contemplated in Article 103 paragraph m) of the revised text of the General Law for the Defense of Consumers and Users ("TRLGDCU"), since, once you pay the corresponding price and access the digital contents of the Subscription, Course, or Service that we offer, the Services will be considered executed and, therefore, you will lose the right of withdrawal, cancellation or refund.
- 5.3.5 The determination of partial access and calculation of partial refunds, if any, will be based on objective criteria such as the number of course modules accessed, duration of access, or amount of content downloaded, as recorded in our systems.
- 5.3.6 If you wish to cancel the Services after provision has begun but before it is complete, you will be required to pay for the Services provided up until the point at which you inform us that you wish to cancel. This is especially applicable to third-party license fees.
- 5.3.7 The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided at the time the cancellation request is received. We may consult Learning Management System (LMS) logs, emails, and other sources of information in this determination.
- 5.3.8 Refund Process: a) Refund decisions will be communicated in writing within ten (10) business days after the cancellation request has been received. b) Any applicable refund will be issued via your preferred payment method no later than five (5) business days after a refund decision has been communicated in writing. c) You acknowledge that refund amounts may take longer to appear in your preferred payment account, depending on your payment provider's processes.
- 5.3.9 The right to cancel, whether for a full or partial refund, is subject to your express prior consent and acknowledgment of these conditions before accessing any part of the digital content.
- 5.3.10 Exercising your right to cancel does not affect your data protection rights as outlined in these Terms and Conditions as well as our Privacy Policy.
- 5.4 Cooling-off Period for Non-EU Consumers
- 5.4.1 For a User who is a consumer resident outside of the EU, the duration of a statutory right to a "cooling off" period for non-subscription orders will be determined by the applicable consumer protection legislation of their resident jurisdiction.
- 5.4.2 Such users may need to provide documentation to confirm the "cooling off" period for non-subscription orders afforded in their country of residence, subject to confirmation by Us.
- 5.4.3. In the event that such Users have a right to a "cooling off" period for non-subscription services and orders, the conceptually similar protocol as described in section 5.3 shall be observed, subject to the specific duration of their "cooling off" period.
- 5.4.4 Regardless of your cooling-off period rights, you retain certain data protection rights, including the right to access, rectify, and erase your personal data, subject to applicable laws and these Terms and Conditions as well as our Privacy Policy.
- 5.5 Termination of Services by Canademica
- 5.5.1 We reserve the right to terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and Conditions. In the event of termination, we will process your personal data in accordance with these Terms and Conditions as well as our Privacy Policy and applicable data protection laws.
- 5.5.2 In the event of termination, your right to use the Services will cease immediately.
- 5.5.3 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 5.6 Effects of Cancellation or Termination
- 5.6.1 Upon cancellation or termination, your access to course materials will be revoked.
- 5.6.2 Any provisions of the Terms and Conditions that by their nature should survive termination shall remain in effect.
- 5.6.3 Upon cancellation or termination, you may request the deletion of your personal data associated with the cancelled service, subject to our legal obligations and legitimate business interests as outlined in these Terms and Conditions as well as our Privacy Policy.
- 5.7 Changes to Services
- 5.7.1 We reserve the right to withdraw or amend our Services, and any service or material we provide, in our sole discretion without notice. In the event of significant changes that affect the processing of your personal data, we will provide notice in accordance with applicable data protection laws.
- 5.7.2 We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period.
- 5.8 Data Retention After Cancellation or Termination
- 5.8.1 After cancellation or termination of services, we will retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.
- 5.8.2 Certain data may be retained for longer periods for legitimate business purposes, such as maintaining records of completed courses or handling disputes.
- 5.8.3 You have the right to request erasure of your personal data in accordance with applicable data protection laws. For more information on data retention and your rights, please refer to these Terms and Conditions as well as our Privacy Policy.
6. Website, LMS, and Communication
This section covers the use of our website and Learning Management System (LMS), including availability, third-party links, technical requirements, and communication policies. It also outlines our rights regarding system modifications and monitoring.
- 6.1 Availability and Access
- 6.1.1 The Website and Learning Management System (LMS) are provided "as is" and on an "as available" basis. We use industry best practices to provide high uptime of 99.9%, including a fault-tolerant architecture hosted on cloud servers.
- 6.1.2 We give no warranty that the Website, LMS, or other Facilities will be free of defects and/or faults. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality.
- 6.1.3 We accept no liability for any disruption or non-availability of the Website or LMS resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
- 6.1.4 We do not provide any kind of refund for outages or periods of unavailability.
- 6.2 Third-Party Links and Services
- 6.2.1 Our Website and LMS may contain links to other sites or services. Unless expressly stated, these sites are not under Our control.
- 6.2.2 Users understand and accept that We may re-sell or refer Users to licensed Content from third parties, including links or access to other websites or services.
- 6.2.3 We assume no responsibility for such licensed Content, links, services, or access to other websites, and disclaims liability for any and all forms of loss or damage arising out of the use of said licensed Content or access to other websites.
- 6.2.4 Users shall enter into agreements with any referred Third Party websites or services wholly on their own cognizance as informed consumers, and as per the terms and conditions of said third-party websites or services.
- 6.2.5 Users understand and accept that such third-party websites or services are wholly separate from Canademica Inc.
- 6.3 Links to Our Website
- 6.3.1 Those wishing to place a link to our Website on other sites may do so only to the home page (www.canademica.com) without our prior permission.
- 6.3.2 Deep linking (i.e., links to specific pages within the site) requires our express written permission. To request permission, please contact us by email at admin@canademica.com.
- 6.4 Technical Requirements
- 6.4.1 Users are responsible for ensuring they have the necessary technical requirements to access and use the Website and LMS effectively. This may include, but is not limited to, a stable internet connection, compatible web browser, and any required software or plugins.
- 6.4.2 We reserve the right to update or change the technical requirements for accessing the Website and LMS. Users will be notified of any significant changes that may affect their ability to access our services.
- 6.5 System Usage and Communications
- 6.5.1 We reserve the right to monitor any and all communications made to Us or using Our System for quality assurance and security purposes.
- 6.5.2 We may retain copies of any and all communications made to Us or using Our System in accordance with our data retention policies and applicable laws.
- 6.5.3 Any information you send to Us through Our System may be modified by Us for operational purposes. By using our System, you waive your moral right to be identified as the author of such information.
- 6.5.4 If you wish to place any restrictions upon Our use of information submitted through Our System, you must communicate these to Us in advance by email at admin@canademica.com. We reserve the right to reject such terms and associated information.
- 6.6 User Support and Communication
- 6.6.1 We provides technical support via our online support forum, email, phone, video call, and/or similar means. While we make every effort to respond in a timely manner, we do not guarantee any particular response time. Support requests are submitted to support@canademica.com
- 6.6.2 It is advised that all communications with Us are made in the English language, as we may be unable to respond to inquiries submitted in other languages.
- 6.7 Changes to the Website and LMS
- 6.7.1 We reserve the right to change, modify, or remove any part of the Website or LMS at any time without prior notice.
- 6.7.2 We will strive to minimize disruptions to service during any changes or updates to our systems.
7. Academic Policy
These Academic Policy forms an integral part of Our commitment to providing high-quality, integrity-driven online education. As a validated online private school listed by the Ministry of Education, Ontario, Canada, assigned BSID #889251, Canademica adheres to rigorous academic standards while embracing the unique opportunities of digital learning environments.
The following policies are designed to ensure a consistent, fair, and enriching educational experience for all our Users. They outline our expectations for academic conduct, detail our approach to assessment and grading, and clarify the requirements for successful course completion. These policies also address the rights and responsibilities of students in our online learning community.
By enrolling in our courses, Users agree to abide by this Academic Policy, which is essential to maintaining the credibility and value of our educational offerings as well as the credential you earn with Us. We encourage all Users to familiarize themselves with these policies to fully understand the academic framework within which they will be learning.
- 7.1 Academic Integrity
- 7.1.1 We are committed to maintaining high standards of academic integrity in all its courses and educational activities. All instructors undergo regular training in online teaching methodologies and Canademica's educational philosophy.
- 7.1.2 Academic integrity includes, but is not limited to, honesty in completing assignments, examinations, and other academic work; properly acknowledging sources of information; and respecting the intellectual property rights of others.
- 7.1.3 Users agree to adhere to these principles of academic integrity in all their interactions with Canademica's courses and services.
- 7.1.4 Prohibited activities that violate academic integrity include, but are not limited to:
- 7.1.4.1 Plagiarism: Presenting someone else's work or ideas as your own without proper attribution.
- 7.1.4.2 Cheating: Using unauthorized materials or receiving unauthorized assistance during an examination or other academic exercise.
- 7.1.4.3 Fabrication: Falsifying or inventing any information, data, or citation in an academic exercise.
- 7.1.4.4 Collusion: Helping another student to commit an act of academic dishonesty.
- 7.1.5 Violations of academic integrity may result in disciplinary actions, including but not limited to, receiving a failing grade for the assignment or course, or termination of the User's account.
- 7.2 Performance Categories
- 7.2.1 We employ a growth-oriented assessment approach that emphasizes real-world authenticity and community impact. This system is designed to foster intrinsic motivation, an entrepreneurial mindset, while encouraging lifelong learning and continuous improvement, thus preparing learners for scenarios where ongoing personal, professional, and community development are key.
- 7.2.1.1 Student achievement is evaluated using various assessment methods, including but not limited to quizzes, tests, written assignments, project-based assessments, and participation in online discussions.
- 7.2.1.2 Assessment criteria and rubrics are provided to students in advance of each assessment.
- 7.2.1.3 Students receive timely feedback on all assessments, typically within ten (10) business days.
- 7.2.2 User performance is evaluated in a timely manner using the following categories:
- 7.2.2.1 High Distinction: The learner has significantly surpassed the course or assignment requirements, demonstrating exceptional understanding, innovative application, and the ability to extend learning outcomes beyond given parameters. This indicates outstanding achievement and the capacity for original contribution to the field. Equivalent to 3 points on assignments and an average in a course greater than or equal to 2.5 (2.5 ≤ average). Earning this course average earns a User the designation of High Distinction on their course Certificate of Completion.
- 7.2.2.2 Distinction: The learner has exceeded the core requirements of the course, demonstrating a comprehensive understanding and skillful application of the course material. This indicates notable achievement and the ability to apply learning in varied contexts. Equivalent to 2 points on assignments and an average in a course greater than or equal to 2.0 and less than 2.5 (2.0 ≤ average < 2.5). Earning this course average earns a User the designation of Distinction on their course Certificate of Completion.
- 7.2.2.3 Pass: The learner has successfully met the core requirements of the course, demonstrating a basic understanding and application of the course material. This indicates satisfactory performance and readiness to progress. Equivalent to 1 point on assignments and an average in a course greater than or equal to 1.0 and less than 2.0 (1.0 ≤ average < 2.0).
- 7.2.2.4 Incomplete: The learner has not met the minimum requirements of the course. This indicates that the learner needs to significantly improve their understanding and application of the course material. Equivalent to 0 points on assignments and an average in a course less than or equal to 1.0 (average ≤ 1.0).
- 7.2.3 Assignment records are kept provisionally during a User's enrollment in a course. Course completion records are kept for a minimum period of two years, subject to the provisions in these Terms and Conditions as well as the Privacy Policy.
- 7.2.4 Where applicable, the grading rubrics, key performance indicators, and assessment criteria, as well submission attempts for each assignment will be clearly communicated to students at the start of each assignment. Course assignments are graded on a rolling basis, mimicking authentic evaluation settings in professional contexts.
- 7.2.5 Users who wish to exceed the assigned resubmission attempts for an assignment must present a written request to the Principal no later than five (5) days after having received feedback on the given assignment.
- 7.2.6 Reasonable accommodations in the assessment process are available for learners with documented needs. Requests should be submitted to admin@canademica.com
- 7.2.7 Performance Reporting and Communication
- 7.2.7.1 Parents or guardians of those Users who are not yet of legal age, receive progress reports for each enrolled student via the User's account on a rolling basis.
- 7.2.7.2 Continuous access to student progress is provided through User login portal in the Learning Management System (LMS).
- 7.2.7.3 Consultations held jointly with Parents or Guardians and the student, if desired, can be arranged with the Principal with a minimum notice of one calendar week in advance via email: admin@canademica.com
- 7.3 Course Completion Requirements
- 7.3.1 To successfully complete a course, Users must fulfill all the requirements specified in the course syllabus.
- 7.3.2 These requirements may include, but are not limited to:
- 7.3.2.1 Completing all assigned coursework and assessments.
- 7.3.2.2 Achieving a minimum overall performance as specified for the course. See Section 7.2.
- 7.3.2.3 Adhering to participation requirements, such as engaging in online discussions, where applicable.
- 7.3.2.4 Completing the course within the specified enrollment period.
- 7.3.3 Upon successful completion of a course, Users will receive a Certificate of Completion.
- 7.4 Student Conduct in Online Learning Environments
- 7.4.1 Users are expected to conduct themselves in a respectful and appropriate manner in all online learning environments provided by Canademica. This includes, but is not limited to, discussion forums, live sessions, and any other interactive platforms associated with our courses.
- 7.4.2 Users agree to to engage in appropriate behaviour, which includes, but is not limited to:
- 7.4.2.1 Treating fellow students, instructors, and Canademica staff with respect and courtesy.
- 7.4.2.2 Refraining from using offensive, discriminatory, or inappropriate language.
- 7.4.2.3 Respecting the diversity of opinions and backgrounds of other participants.
- 7.4.2.4 Using the online learning platforms solely for educational purposes related to the enrolled courses.
- 7.4.3 Zero tolerance for inappropriate behaviour: Canademica reserves the right to immediately remove any content or suspend any User account that violates these conduct guidelines.
- 7.5 Accommodations for Students with Disabilities
- 7.5.1 Canademica is committed to providing access to education for all Users, including those with disabilities.
- 7.5.2 Users requiring accommodations due to a disability should contact our Principal to discuss their needs.
- 7.5.3 Reasonable accommodations will be made to the extent possible within the online learning environment, in compliance with applicable laws and regulations.
- 7.6 Attendance: The LMS automatically tracks student logins and activity within each course. If a student fails to participate in course activities for more than thirty (30) consecutive days, the instructor or principal may initiate contact with the student and, for Users not yet of legal age, their parent or guardian. Students may request excused absences for legitimate reasons by contacting their instructor or the principal: admin@canademica.com
8. Intellectual Property
This section outlines the intellectual property rights associated with Our Website, Learning Management System (LMS), and Services. It defines the ownership of content, permissible use by Users, and protections in place for Our intellectual property and that of Our Users, as well as any licensed from Third Parties.
- 8.1 Ownership
- 8.1.1 All Content, instructional design, course delivery methodologies, and similar, available on Our Website and LMS, unless uploaded by Users or explicitly stated otherwise, is Our intellectual property, or that of Our affiliated third parties.
- 8.1.2 This Content includes, but is not not limited to text, graphics, images, files, books, audio, video, software, data compilations, page layouts, underlying code, and software, whether proprietary to Canademica Inc. or licensed from affiliated third parties.
- 8.1.3 By using Our Website, you acknowledge that such material is protected by applicable intellectual property and other laws in Canada, the United States, and/or other countries and jurisdictions.
- 8.2 Restrictions and Fair Use
- 8.2.1 You may not reproduce, copy, distribute, store, or in any other fashion re-use material from Our Website unless otherwise indicated on the Website or given Our express written permission.
- 8.2.2 You are prohibited from modifying, adapting, or creating derivative works from Our Website's content without Our explicit written permission.
- 8.2.3. Canademica Inc. reserves the right to watermark content with User details for security and tracing purposes.
- 8.2.4 Non-compliance by Users with the Fair Use of Intellectual Property will result in Canademica Inc. reporting said non-compliance to the interested copyright holders and/or to law enforcement authorities with legal and geographic jurisdiction in these matters.
- 8.3 User License: We grant you a limited, non-exclusive, non-transferable license to access and use Our Content for personal, non-commercial educational purposes, for the duration of your course enrollment period, subject to these Terms and Conditions.
- 8.4 User-Generated Content
- 8.4.1 You retain copyright in any original content you create and submit on Our Website or LMS ("User Content").
- 8.4.2 By submitting User Content, you grant Us a license to use, reproduce, and display this content in connection with Our Services.
- 8.5 Trademarks: Names, logos, and related marks are trademarks of their respective owners, and may not be used without their explicit written permission.
- 8.6 Reservation of Rights: We reserve all rights not expressly granted herein, including any rights not explicitly mentioned in these Terms and Conditions.
9. Limitation of Liability and Disclaimers
- 9.1 Disclaimer of Warranties
- 9.1.1 Our Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of Our Services, or the information, content or materials included therein.
- 9.1.2 To the fullest extent permissible by applicable law, We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- 9.1.3 We do not warrant that Our Services, its servers, or e-mail sent from Us are free of viruses or other harmful components.
- 9.2 Limitation of Liability
- 9.2.1 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
- 9.2.2 To the extent permitted by applicable law, We shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- 9.2.2.1 Your access to or use of or inability to access or use Our Services;
- 9.2.2.2 Any conduct or content of any third party on Our Services;
- 9.2.2.3 Any content obtained from Our Services; or
- 9.2.2.4 Unauthorized access, use or alteration of your transmissions or content.
- 9.2.3 Our aggregate liability for all claims relating to Our Services shall not exceed the greater of one hundred US dollars (US$100) or the total amount paid by you to Us for the Services in the twelve (12) months preceding the event giving rise to the claim.
- 9.2.4 The limitations of liability in this section do not affect your statutory rights as a consumer or any other rights that cannot be excluded under applicable law.
- 9.3 Indemnification
- 9.3.1 You agree to defend, indemnify and hold harmless Canademica Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
- 9.3.1.1 Your use of and access to Our Services;
- 9.3.1.2 Your violation of any term of these Terms and Conditions;
- 9.3.1.3 Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- 9.3.1.4 Any claim that your User Content caused damage to a third party.
- 9.3.2 This defense and indemnification obligation will survive these Terms and Conditions and your use of Our Services.
10. Changes to Services and Terms
- 10.1 Updates to Services
- 10.1.1 We reserve the right to withdraw or amend Our Services, and any service or material we provide, in our sole discretion without notice.
- 10.1.2 We will not be liable if for any reason all or any part of Our Services are unavailable at any time or for any period.
- 10.2 Modifications to Terms and Conditions
- 10.2.1 We may revise and update these Terms and Conditions from time to time in Our sole discretion.
- 10.2.2 All changes are effective immediately when We post them, and apply to all access to and use of Our Services thereafter.
- 10.3 Notification of Changes
- 10.3.1 We will make reasonable efforts to notify you of any material changes to these Terms and Conditions, such as through a notice on Our Website or by email to registered Users.
- 10.3.2 Your continued use of Our Services following the posting of revised Terms and Conditions means that you accept and agree to the changes.
11. Additional Policies
Use of the Website is also governed by the following policies, which are incorporated into these Terms and Conditions by the links and references below. Where overlaps or discrepancies occur between any of the policies, whether in definitions or conditions or similar, the terms most aligned with the regulations and legislation of Ontario, Canada, shall prevail.
- 11.1 Privacy Policy
- 11.2 Cookie Policy
12. Miscellaneous Provisions
- 12.1 Severability: If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
- 12.2 Assignment
- 12.2.1 We may assign any or all of Our rights and obligations to others at any time.
- 12.2.2 You shall not assign or otherwise transfer your rights or obligations under these Terms without Our prior written consent.
- 12.3 Force Majeure: We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Communications
- 13.1 All notices / communications shall be given to Us by email to admin@canademica.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday in Toronto, Ontario, Canada.
- 13.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
14. Applicable Law, Jurisdiction, and Dispute Resolution
- 12.1 Applicable Law: These Terms and Conditions and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any choice or conflict of law provision or rule.
- 12.2 Dispute Resolution Process
- 12.2.1 Any legal action or proceeding arising out of, or related to, these Terms and Conditions or Our Services shall be instituted exclusively in the federal courts of Canada or the courts of the Province of Ontario.
- 12.2.2 Before initiating any legal action, you agree to first contact Us at admin@canademica.com and attempt to resolve the dispute informally.
- 12.3 Jurisdiction
- 12.3.1 You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- 12.3.2 Notwithstanding the above, you agree that We may seek injunctive or other equitable relief to protect Our intellectual property rights in any court of competent jurisdiction.
15. Third Party Rights and Entire Agreement
- 15.1 No Third-Party Rights: These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. As such, nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Canademica Inc..
- 15.2 Entire Agreement: The Terms and Conditions, Our Privacy Policy, and Cookie Policy constitute the sole and entire agreement between you and Canademica Inc. with respect to Our Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Our Services.
16. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
17. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. Previous copies are available upon request at admin@canademica.com
Updated Effective Date: 01 September 2024