WE SELL OUR PRODUCTS TO ADULTS WHO MAY PURCHASE WITH A CREDIT/DEBIT CARD OR OTHER PERMITTED PAYMENT METHOD. IF YOU ARE UNDER 18, YOU MAY USE THE WEBSITE ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN.
AFTER PURCHASING ANY OF OUR PROGRAMS, LESSONS, COURSES, WEBINARS, WORKSHOPS, THE ACADEMY WILL ASSIGN YOU A PASSWORD THAT ENABLES YOU TO RECEIVE AN EXCLUSIVE AND NON-TRANSFERABLE ACCESS TO THE SPECIAL AREAS AND DATA (THE “CONTENT”) OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT THE SECURITY, PROTECTION AND CONFIDENTIALITY OF THE PASSWORDS ASSIGNED TO YOU ARE YOUR RESPONSIBILITY. YOU SHALL IMMEDIATELY NOTIFY THE ACADEMY OF ANY UNAUTHORIZED USE OF ASSIGNED PASSWORDS OF WHICH YOU ARE AWARE.
ALL CONTENT ON THE WEBSITE, SUCH AS TEXTS, GRAPHICS, CHARTS, VIDEOS, PICTURES, TESTS AND DIGITAL DOWNLOADS IS THE EXCLUSIVE PROPERTY OF THE ACADEMY AND IS PROTECTED BY CANADIAN AND INTERNATIONAL COPYRIGHT LAWS, TREATIES AND CONVENTIONS. ALL OTHER MARKS NOT OWNED BY US THAT APPEAR ON THE WEBSITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS, WHO MAY OR MAY NOT BE AFFILIATED WITH, CONNECTED TO OR SPONSORED BY US.
CONTENT OF THE WEBSITE MAY NOT BE COPIED, REPRINTED, REPRODUCED, PUBLISHED, TRANSLATED, POSTED, TRANSMITTED, HOSTED OR OTHERWISE DISTRIBUTED BY ANY MEANS, WITH THE EXCEPTION THAT YOU MAY COPY VISUAL MATERIALS OF THE PROGRAM FOR TRAINERS THAT YOU HAVE ALREADY PURCHASED.
Internet access, use of the software or a device may result in additional fees that are not related to the Academy. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Internet, software and device, as in effect from time to time, and to maintain, update, and upgrade your software and devices, including the payment of all Internet access, software, and device fees without recourse to the Academy.
You may post reviews, submit suggestions, ideas, comments and questions with the explicit understanding that these material is not illegal, obscene, threatening, defamatory, invasive of privacy and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam. You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You understand that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements and that such communications be in writing.
WE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED ON THE WEBSITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE NOTIFY US THAT YOUR COPYRIGHTED MATERIAL HAS BEEN INFRINGED, INCLUDING A DESCRIPTION OF THE COPYRIGHTED WORK THAT YOU CLAIM; A DESCRIPTION OF WHERE THE MATERIAL THAT YOU CLAIM IS LOCATED ON THE WEBSITE; A STATEMENT BY YOU THAT YOU HAVE A GOOD-FAITH BELIEF THAT THE DISPUTED USE IS NOT AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW; A STATEMENT BY YOU, UNDER PENALTY OF PERJURY, THAT THE FOREGOING INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OWNER’S BEHALF.
TERMS AND CONDITIONS FOR PROGRAMS FOR TRAINERS
- These terms and conditions govern the purchase of Programs for Trainers (products) transaction and any consecutive use of the material that were purchased from Academy of Social Competency. By proceeding to the purchasing of the programs, the purchaser hereby unconditionally agrees to be bound by the provisions of these terms and conditions.
- These terms and conditions apply to the purchaser, whether individual or a corporation and its respective shareholders, directors, subsidiaries and related entities (Purchaser) from one side and Academy of Social Competency (Academy) from the other side.
- Purchase Transaction
- Any purchase transaction must be processed through the Academy’s website or any of its reseller partners. Purchase of the programs from any other source, unless expressly authorized by the Academy, has no legal effect on the Academy and Academy reserves the right to deny any further services or support to the purchasers from unauthorized sources.
- The purchasing of the programs will be processed by our payment processing partner. For this purpose the Purchaser might be forwarded to the processing website and will be requested to provide their personal, payment and contact information. The information is required for the purpose of processing the payment and is collected, stored, protected and disposed of by the processor. Academy does not control, supervise or is not otherwise related to such transaction.
- In a case of incorrect charge, overcharge or any other mistake originating from the payment processing, the Purchaser shall contact the payment processor directly and resolve any such situations with the processor. Academy will assist the Purchaser and will provide any information relating to the price of the products and associated charges as applicable to the transaction.
- All purchases are final and non-refundable unless a material defect affecting the usability and application of the materials is found, in which case Academy retains the right to replace the product or refund the payment at its sole discretion.
- Unless specifically stated otherwise, all the prices are inclusive, where applicable, of value-added-tax and other sales taxes and levies.
- Delivery of the products
- Most of the products at the Academy’s website are being offered in a software/digital form accessible through the Academy’s website. Upon completion of a purchase transaction, the Purchaser will receive a downloadable link for certain parts of the product(s) (such as printable give-out materials) and a personalized access code for the Purchaser to access training materials at the Academy’s website.
- The link will allow the Purchaser to download the documents, while the access code will provide the Purchaser with an uninterrupted access to the training materials and Academy’s professional support related to the purchased product at the Academy’s website.
- Where products to be delivered by mail, Academy will send the products upon receipt of the payment within the timeframes identified by the website for each product.
- Where purchase of the product(s) includes additional benefits, such as discounted prices for subsequent purchases, Academy will provide the Purchaser with the code/coupon to be applied at the time of the entitled purchase.
- The purchased products include only those products and services, which were explicitly mentioned on the website. Where additional modules, services and support are offered for the products, they shall be included in the purchase price only if such inclusion was expressly stated by Academy during the purchase process.
- The Purchaser will have a continuous access to the Academy’s website through the personal access code delivered to the Purchaser upon completion of the transaction. The access code is personal and shall not be disclosed or delivered to any other person. The Purchaser must immediately advise Academy in a case of loss or unauthorized use of the password.
- Use of the products.
- All products offered by Academy are the property of Academy and it holds the exclusive copyright, trademark and other intellectual property and proprietary rights to the products and materials included therein.
- Upon completion of the purchase transaction and subject to Academy receiving the payment from the Purchaser, Academy provides the Purchaser with a limited license to use the products.
- Limited license to use the products includes the following applications:
- Purchaser is authorized to use the products for the purpose of offering training and instruction to its respective clients;
- ii. Purchaser may use the product for an unlimited amount of trainees as long as the training is offered to the clients personally as a group training, but absolutely forbidden to offer as an online training.
- iii. Any public distribution of the products, including copying, transmitting, reproduction, posting a copy of the product (or parts of it) online, on a social media websites and other resources of public access is absolutely forbidden.
- The Purchaser shall not conceal or delete any markings identifying the products as being developed and provided by Academy. Any use of the materials or referral to the products by the Purchaser must include mentioning Academy as the source of the products.
- The Purchaser is not authorized to use the products for any commercial purposes other than those identified in sec. 5(c)(i).
- Any derivative products or development of the products purchased hereunder shall be immediately disclosed to Academy and the parties will diligently and in good-faith discuss the application of the developments and corresponding rights of each party.
- While providing the training based on the Academy’s products, the Purchaser shall be solely responsible for the compliance with any local laws, regulations and professional rules applicable to the type and kind of training offered by the Purchaser.
- All information, training materials and other related documents, which Academy provides to the Purchaser through the personal password protected access, as well as any printable documents provided as a part of the purchase transaction, shall be considered as absolutely confidential. The confidential information shall include any information, deign and training technique embodied in products provided hereunder, patents, inventions, procedures, methods, designs, strategies, systems, improvement, standards and any other information that could be reasonably perceived as confidential.
- By proceeding with the purchase transaction, the Purchaser hereby agrees to treat the information as strictly confidential and to use the information in accordance with the terms and conditions set forth hereto. Except for the training purposes in accordance with sec. 5(c)(i), the Purchaser shall not sell, trade, publish or otherwise disclose to third parties in any manner and in any form whatsoever the information.
- In connection with the foregoing, the Purchaser undertakes to take all steps necessary to protect the information, and to ensure that such information will not be disclosed or used at any time in a manner which is not authorized under these Terms and Conditions.
- Limitation of Liability
- The products offered by Academy were developed by Academy’s professionals and are based on many years of their experience and professional expertise. Although our products represent the state-of-the-art approach to social competency training, Academy does not and cannot verify and guarantee the products’ compatibility with each individual style and training approach of the Purchaser. Accordingly, the products are provided “as is”, without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability or fitness for a particular purpose. The entire risk as to the results of the training based on the products is assumed by Purchaser.
- In no event will Academy be liable to the Purchaser or any third party (including trainees) for any direct, indirect, consequential or incidental damages, including without limitation lost profits or lost savings, arising out of the use or inability to use the products, even if Academy has been advised of the possibility of such damages.
- The terms of this section 7 shall apply to the fullest extent permitted by the law in the applicable jurisdiction.
- In no event Academy’s liability arising out of or in connection with the use of the product shall be greater than the price paid by the Purchaser for the products, and the Purchaser hereby waives and completely releases Academy from any claims in excess of the price of the products.
- To the fullest extent permitted by applicable law, the Purchaser shall defend, indemnify and hold harmless Academy, its respective affiliates, parents and subsidiaries and their respective officers, directors, agents, representatives, successors and assigns from and against all liability and any claim, suit, proceeding or expense, including without limitation reasonable counsel fees and out of pocket costs, arising out of or in relation to the purchase and use of the products by the Purchaser.
- Injunctive relief
- The Purchaser hereby agrees that any breach of its obligations contained herein, in particular obligations relating to the use and protection of the Academy’s intellectual property rights, will result in irreparable injury to Academy for which money damages are inadequate, and the Purchaser therefore agrees that Academy shall be entitled to seek injunctive relief, or any other remedy at law, common or equity, in addition to any other relief that a court may deem proper.
- Interruption of Service
- While Academy is investing its commercially reasonable efforts to ensure an uninterrupted access to the products and services offered at its website, it shall not be responsible for any interruption of the services which are not under its direct control, such as interruption of internet services by internet service provider, limitation or denial of access by the website hosting provider, limitation of access due to various situations of malware, cyber-attacks and other situations outside of Academy’s control.
- Academy shall incur no liability or penalty for delays, interruption or denial of access due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, equipment breakdown, action of government of civil authority and acts of God or other causes beyond the control of Academy.
The validity, interpretation, construction and performance of these Terms and Conditions shall be governed by the Laws of Canada and the Province of Ontario. This Agreement shall be interpreted with all necessary changes in gender and in number as the context may require and shall endure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. The Parties hereby agree for the exclusive jurisdiction of the courts of Toronto, Ontario over any disputes, claims, demands and other legal proceedings arising hereunder notwithstanding any possible conflict of laws.
Nothing contained herein shall be construed to place the Parties in the relationship of principal and agent, franchisor and franchisee, employee and employer, partners or joint venturers. No representations shall be made or acts taken by either Party which could establish any apparent relationship of agency, joint venture, employment, partnership or franchise, and neither Party shall be bound in any manner whatsoever by any actions, agreements, warranties or representations made by the other Party to any other person.
With regard to the privacy and the use of the website, which shall be governed by the respective terms and conditions contained in the website, these Terms and Conditions contain the complete agreement concerning the purchase and use of the products and shall supersede all other agreements whether written or verbal between the parties. The parties stipulate that neither of them have made any representation with respect to the subject matter of these Terms and Conditions or any representation.