Terms and Conditions
applies as between you, the User of this Website and Advocacy Club Books Inc., the
owner of this Website. Your agreement to comply with and be bound by these
Terms and Conditions is deemed to occur upon your first use of the Website. If
you do not agree to be bound by these Terms and Conditions, you should stop
using the 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 upon Our sending a confirmation email to you indicating that your order has been accepted.
A. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
1. "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;
2. "Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
3. "Facilities": means collectively any online facilities, tools, services or information that makes available through the Website either now or in the future;
4. "Services": means the services available to you through this Website, specifically use of the proprietary e-learning platform;
5. "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;
6. "System": means any online communications infrastructure that makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
7. "User" / "Users": means any third party that accesses the Website and is not employed by Ltd and acting in the course of their employment;
8. "Website": means the website that you are currently using (www.acmasterclass.ca, www.acmasterclass.com or https://ac-masterclass.learnworlds.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
9. "We/Us/Our": means Advocacy Club Books Inc., a company incorporated in Ontario, Canada.
B. Intellectual Property
1. Subject to the exceptions elsewhere in 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, underlying code and software is the property of , our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Canadian and International intellectual property and other laws.
2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated herein, on the Website or unless given Our express written permission to do so.
3. The courses sold in this Website are available for use for a limited time only. You may only view the video of such courses by streaming, and you agree not to download or store any such streaming video in any form or on any server or medium whatsoever.
C. Intellectual Property
C. Third Party Intellectual Property
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.
2. You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated herein, on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
D. Links to Other Websites
1. This Website may contain links to other sites. Unless expressly stated, these sites are not under Our control or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
E. Use of Communications Facilities
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:
1. You must not impersonate other people, particularly Our representatives or those Our affiliates;
2. You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
3. You acknowledge that We reserve the right to monitor any and all communications made to Us or using Our System.
4. You acknowledge that We may retain copies of any and all communications made to Us or using Our System.
5. 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.
F. Personal Information
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 as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
a) all information you submit is accurate and truthful;
b) you have permission to submit Payment Information where permission may be required; and
c) you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
d) You will 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.
e) 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.
f) 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.
g) When choosing your username you agree to comply with standards of common decency as determined by Us in Our absolute discretion. Any failure to do so could result in the suspension and/or deletion of your Account without recourse on your part.
G. Termination and Cancellation of Accounts
Either We 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 to
the extent tat is reasonable. Notwithstanding the foregoing, We reserve the
right to terminate without giving reasons.
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.
H. Services, Pricing and Availability
1. While We will make reasonable efforts to ensure that general descriptions of Services available from this Website 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. To be certain, this excludes Our liability for mistakes. The only remedy available to you for any such failure on Our part is to claim a refund of money paid for the specific course or Service in question. You specifically agree to waive any other claim for damages or other relief of any nature or kind.
2. We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
3. 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.
4. 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.
5. Prices are otherwise subject to change without notice.
I. Orders and Provision of Services
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 order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between and you.
2. Order confirmations will be sent to you before the Services begin and shall contain the following information:
a) Confirmation of the Services ordered including full details of the main characteristics of those Services;
b) Pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
c) 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 calendar days.
d) 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.
e) We aim to fulfill your Order within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order 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 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
f) We shall use reasonable efforts to provide the Services with reasonable skill and care, commensurate with best trade practice.
g) In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will endeavor to make any necessary corrections within five (5) working days.
3. 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.
J. Contact Us
J. Customer Service and Privacy
1. If you need to contact us about your Order, then please use the contact information at the Contact Tab of this Website.
2. All personal information that We may collect will remain in our possession and not shared with any Third Party, save and except any instructor delivering Services in respect of a course or Services.
3. We may use your personal information to:
a) Provide Our Services to you;
b) Process your payment for the Services; and
c) Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
d) We will not pass on your personal information to any other third parties without first obtaining your express permission.
K. No Warranties
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.
2. No part of this Website is intended to constitute legal or professional advice and the Content of this Website and any course or Services sold through this Website should not be relied upon when making any decisions or taking any action of any kind.
3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
4. We use reasonable efforts to ensure that the Website is secure and free of errors, viruses and other malware, We are not liable in respect of any breach of internet security.
L. Right to Change the Website and Content
L. Changes to the Facilities and these Terms and Conditions
M. Availability of the Website
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.
2. The Website is provided “as is” and on an “as available” basis. We use the infrastructure provided by Learn Worlds Ltd., of the United Kingdom. We are not liable for any problem, error or damage arising from that company’s infrastructure, websites, software or servers.
3. 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 n warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
4. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, Internet Service Provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
M. Limitation of Liability
N. Limitation of Liability
1. 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.
2. In the event that We are found liable for any cause of action arising because of the use of the Website or the Services, such liability shall be specifically limited to the amount of money actually paid by you to Us in respect of Services. You will have no other remedy of any nature or kind.
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.
4. Although payments may be processed through John Hollander Professional Corporation, that company, its officers, directors and agents are not liable or responsible in any way for Our obligations or for the content or operation of this website.
N. Contract Conditions
1. 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.
P. No Third Party Rights
2. 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 Us.
notices / communications shall be given to Us either by email sent to the address
set out in the Contact Tab of this Website. Such notice will be deemed received
3 days after 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
2. We may from time to time send you information about Our products and/or services. If you do not wish to receive such information, please advise Us in rely to any email which you receive from Us.