These Terms and Conditions apply as the agreement between you, the User of this Website, and Canademica Inc., the owner of this Website, as defined below. If you do not agree with these Terms and Conditions, you should stop using and accessing this Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur on the date and time when we confirm your purchase, indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information, including any content, licensed or otherwise, whose intellectual property and copyright belongs to third parties, available on www.canademica.com or distributed directly or separately, capable of being stored in a computer that appears on or forms part of this Website or is distributed separately to Users;
"Facilities": means collectively any online facilities, tools, services, Content, or information that Canademica Inc. makes available through the Website or separate distribution either now or in the future;
"Services": means the services and Content available to you through this Website, specifically use of the Canademica Inc. proprietary e-learning platform, or distributed directly or separately as part of any associated licensing agreement with third parties;
"Order": refers to a request made by a User of the Website to procure Services offered by Canademica Inc., specifically the intent to purchase online courses or any other applicable products or services available on the Website;
"Purchase": refers to the act of acquiring or obtaining Services from Canademica Inc. by placing an Order and completing the necessary payment information in accordance with the agreed Terms and Conditions;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place of business located at 60 Atlantic Avenue, Suite 200, Toronto, Ontario, CANADA M6K 1X9;
"System": means any online communications infrastructure that Canademica Inc. makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, Content, webinars, live chat facilities and email links;
"User/Users/You/Your": means and refers to any party that accesses the Website and is not employed by Canademica Inc.;
"Consumer": refers to any natural person who, in transactions covered by such legislation, is acting for purposes that are outside their trade, business, craft, or profession, thus characterizing this person as an individual who is acquiring or using goods or services for personal use or consumption.
"Resident" and "Residence": "Resident" refers to an individual who has their habitual residence in a specific country or territory. As such, a natural person's "Residence" refers to the place where an individual has established their permanent home and intends to return to whenever they are absent. An individual's residence in a particular country or territory is determined by factors that may include, but is not limited to the following: the length and regularity of their presence in a particular country or territory; their personal and professional ties in a particular country or territory; their registration for voting at the local, municipal, provincial, state, territorial, national, supranational, or other governing levels within a particular country or territory; their filing of personal income tax declarations in a particular country or territory; and any other formal verifiable registration with the pertinent authorities within a particular country or territory, making this their principal place of residence.
"Website": means the website that you are currently using (www.canademica.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/Our/Owner": means Canademica Inc., a company incorporated in CANADA with Corporation Number 1407875-6 and Business Number (BN) 724098504RC0001 located at 60 Atlantic Avenue, Suite 200, Toronto, Ontario, CANADA M6K 1X9 and with the information email account: info@canademica.com
Persons under the age of 18 should use this Website only with the supervision, approval or consent of a Parent or Guardian. Payment Information must be provided by or with the permission of a Parent or Guardian.
These Terms and Conditions also apply to Users who, as private individuals or business, become customers when they procure Services in the course of their personal or business activities.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, files, underlying code and software is the property of Canademica Inc., our affiliates or other relevant third parties. By continuing to use the 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.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
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4.3 Users are prohibited from modifying, adapting, or creating derivative works from the website's content without explicit written permission to do so.
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4.4 Canademica Inc. reserves all rights not expressly granted herein, including any rights not explicitly mentioned in these Terms and Conditions.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
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5.2 Subject to Clause 6 Users may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material and Content from the Website are subject to copyright and may not be copied, re-used, distributed, reproduced, transferred, or similar, to third parties without written permission from Canademica Inc. where any of the exceptions are subject to applicable Intellectual Property Laws. Users understand that copyrighted Content may be distinctly watermarked, or similar, with unique User details so as to identify and track any prohibited copying, re-using, distribution, reproduction, transferring, or similar, to third parties. Non-compliance by Users with this Fair Use of Intellectual Property clause 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.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Canademica Inc. Users understand and accept that Canademica Inc. may re-sell licensed Content from third parties, including links or access to other websites, but that it does so without assuming any responsibility for such licensed Content and/or links 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 and/or links or access to other websites.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.canademica.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@canademica.com.
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed, as well as reporting any prohibited activity or behaviour to law enforcement authorities with legal and geographic jurisdiction in these matters:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of Canademica Inc. or Our affiliates; and
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9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that Canademica Inc. reserves the right to monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that Canademica Inc. may retain copies of any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
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10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website, or of other websites linked by us, as We may not require payment information until you wish to make a purchase. By continuing to use this Website, or to other websites linked by us, you represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
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10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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11.1 Either Canademica Inc. or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons, as well as report any prohibited activity or behaviour to law enforcement authorities with legal and geographic jurisdiction in said matters.
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11.2 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. Any refunds, if applicable, shall be subject to the conditions outlined in Clause 14, below.
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12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Canademica Inc. correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
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12.2 Where appropriate, you may be required to select the required Plan of Services.
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12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Purchase. Availability indications are not provided on the Website.
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12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
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12.5 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, then the price that was valid at the time of the order shall be used.
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13.1 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. Our acceptance is indicated by Us sending to you an purchase confirmation email. Only once We have sent you a purchase confirmation email will there be a binding contract between Canademica Inc. and you.
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13.2 Purchase confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
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13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
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13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
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13.2.3 Relevant times and dates for the provision of the Services;
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13.2.4 User credentials and relevant information for accessing those services.
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13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 (fourteen) calendar days.
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13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
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13.5 We aim to fulfill your Purchase within 5 (five) working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill nor confirm your Purchase within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 (fourteen) calendar days of Our acceptance of your Purchase, you will be required to expressly acknowledge in writing to the following email: info@canademica.com that your statutory cancellation rights, detailed below in Clause 14, will be affected.
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13.6 Canademica Inc. shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
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13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to the following email: info@canademica.com to inform Us of the mistake. We will ensure that any necessary corrections are made within 5 (five) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
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13.8 Canademica Inc. provides technical support via our online support forum, email, phone, zoom call, and/or similar. Canademica Inc. makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
We want you to be completely satisfied with the Products or Services you order and purchase from Canademica Inc. If you need to speak to us about your Purchase, then please contact customer care by email at info@canademica.com.
- 14.1 Courses are provided as an "all-in-one" package, which means that a confirmed purchase is considered final. Consequently, admission, enrolment, and registration are completed at the time a purchase is confirmed, without the possibility of a cancellation or a refund. Whereas there is no penalty for failing to complete a Course within the stipulated course duration after a User is enrolled, if a User does not complete a Course, they will not be eligible for a refund of any enrolment or other fees paid. Retaking a course or extending its duration is subject to additional fees, as per any applicable policies.
- 14.1.1 Whereas there is no penalty for failing to complete a Course within the stipulated course duration after a User is enrolled, if a User does not complete a Course, they will not be eligible for a refund of any enrolment or other fees paid. Retaking a course or extending its duration is subject to additional fees, as per any applicable policies.
- 14.2 Notwithstanding the aforementioned in sub-clause 14.1, cancellations and refunds are exclusive to a User who is a consumer with statutory rights to a "cooling off" period within their resident jurisdiction (such as, for example, a User consumer resident in the European Union).
- 14.2.1 A User who is a consumer without statutory rights to a "cooling off" period within their resident jurisdiction cannot, unfortunately, request a cancellation or a refund for a Purchase.
- 14.2.2 More specifically, please see sub-clause 14.3 and its sub-clauses, below, for the conditions associated with cancellations and refunds during "cooling off" periods as granted by a User consumer's possible statutory rights within their resident jurisdiction.
- 14.3 If you are a User who is a consumer with statutory rights to a “cooling off” period after a purchase is confirmed, either as a resident within the European Union (EU), or as a resident outside the EU with statutory rights to a "cooling off" period in your country of residence, please note that this "cooling off" period begins on the date and time your purchase is confirmed and the contract between Canademica Inc. and you is formed, and ends on the concluding date and time of the stipulated "cooling off" period.
- 14.3.1 For a User who is a consumer resident in the EU, the "cooling off" period is defined to have a duration of 14 (fourteen) calendar days, or 336 (three hundred and thirty-six) hours, after the date and time a purchase is confirmed.
- 14.3.2 For a User who is a consumer resident outside of the EU, the duration of a statutory right to a "cooling off" period will be determined by the applicable consumer protection legislation of their resident jurisdiction.
- 14.3.3 A User who changes their mind about the purchased Services within the applicable "cooling off" period, as per their resident jurisdiction, as noted above, and wishes to cancel their purchase, must inform Us immediately in writing within said "cooling off" period at the following email: info@canademica.com
- 14.3.3.1 A User who wishes to claim their statutory rights to a "cooling off" period as a consumer resident within a jurisdiction may be required to provide Canademica Inc. with (a) verifiable documentation attesting to their consumer resident status within said jurisdiction, and (b) verifiable documentation attesting to the rules, regulations, and/or legislation that affords the User consumer the statutory rights of a "cooling off" period.
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14.3.4 Cancellation and full or partial refund for services that are provided to a User consumer within the "cooling off" period are subject to the following:
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14.3.4.1 If a User consumer wishes to cancel the Services they have purchased after provision has begun, but is not yet complete within the "cooling off" period, they will still be required to pay for the Services provided and supplied to the User consumer up until the point at which they inform Us that they wish to cancel. Content licensed from third parties, for example, may be considered Services provided and supplied during the "cooling off" period.
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14.3.4.2 If the Services are fully provided to a User consumer and completed within the "cooling off" period, a User consumer loses their right to cancel and/or request a refund after the Services have been fully provided and completed.
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14.3.4.3 The amount due by the User shall be calculated in proportion to the full price of the Services and the actual Services already provided and/or complete at the time the cancellation request is received during the "cooling off" period. Learning management system (LMS) logs, emails, and other sources of information may be consulted in the determination of services considered provided and/or complete during the "cooling off" period. Any sums that have been paid by a User shall be refunded subject to deductions calculated in accordance with the foregoing consideration of Services considered to be provided and/or complete. Refund decisions are communicated in writing to a User within 10 (ten) working days after their cancellation request has been received. A refund amount, if applicable, will be issued to a User via their preferred payment method no later than 5 (five) business days after a refund decision has been communicated in writing.
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14.3.5 Cancellation of Services after the cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
Use of the Website is also governed by the following policies, which are incorporated into these Terms and Conditions by the following links and references:
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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16.3 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 the Data Protection Act 1998 and should use and hold your personal information accordingly.
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16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission, or in the event Canademica Inc. is obligated to report prohibited User activity or behaviour, or comply with the enforcement of legal and/or copyright obligations or requirements.
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17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
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17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
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17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available” basis. Canademica Inc. uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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19.2 We accept no liability for any disruption or non-availability of the Website 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.
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20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
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20.2 Nothing in these Terms and Conditions excludes or restricts Canademica Inc. liability for death or personal injury resulting from any negligence or fraud on the part of Canademica Inc.
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20.3 Nothing in these Terms and Conditions excludes or restricts Canademica Inc.'s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
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20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
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.
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. These Terms & Conditions are effective 2023-May-05. Previous copies are available upon request at info@canademica.com
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.
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24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@canademica.com. Such notice will be deemed received 3 days after posting if sent by first class post, 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.
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24.2 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.
These Terms and Conditions and the relationship between you and Canademica Inc. shall be governed by and construed in accordance with the laws of Ontario, Canada. Canademica Inc. and you agree to submit to the exclusive jurisdiction of the Courts of Ontario, Canada.
