This agreement
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.
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. 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. Accounts
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
1.
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. 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. Disclaimers
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. Changes to the Facilities and
these Terms and Conditions
M. Availability of the Website
1.
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.
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.
3.
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.
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.
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.
1.
All
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
holiday.
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.
These Terms and Conditions and the relationship between you and Us shall be governed by and construed in accordance with the Laws of Ontario, Canada and you agree to submit to the exclusive jurisdiction of Ontario, Canada.