Terms and Conditions
1) AGE RESTRICTION
You must be at least fifteen (15) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least fifteen (15) years of age. We assume no responsibility or liability for any misrepresentation of your age.
2) INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
3) -- USE OF COMPANY MATERIALS
4) ACCOUNT AND ACCOUNT -- USE
If your use of the Website requires an account identifying you as a user of the Website (an "Account"):
a) you may not share your Account or passwords with anybody else for any reason and you are the only person authorised to use the Website or its Services or Products with the Account and passwords designated to you as the authorised user;
b) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
c) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
d) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for. When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law. Payment for any on-going services is billed automatically until notification that you would like to terminate your access to the services. This may be done through the Contact Us form on the website.
6) ACCEPTABLE -- USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of GET UP AND LEARN LTD. You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;d) To perpetrate any fraud;
d) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme
e) To publish or distribute any obscene or defamatory material;
f) To publish or distribute any material that incites violence, hate or discrimination towards any group;
g) To unlawfully gather information about others.
7) AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
8) PRIVACY INFORMATION
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate. When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others. We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers. If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive or hold information about you that you have provided, such as your email address. If you choose to terminate your account, we may store information about you for up to 90 days however reasonable effort will be made to remove stored information immediately upon processing of your service cancellation request. After that time, all information about you, your account, your current or past training history, certifications and other related content will be deleted.
9) SALE OF GOODS/SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk. Minor deviations as defined solely by GET UP AND LEARN LTD. between the written description and delivery of services should be expected.
You will ensure payment for any items you purchase from us. Prices indicated on the Website are subject to change. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of digital products, we will charge your credit or debit card at the time of purchase, and your account credentials including user name and password and any additional information required to access the product will usually be made available to you for digital use and/or download within 2 business days. Refunds will not be issued for non-use of any of our digital products or services including for non-attendance or early departure from classroom based sessions. Refunds may be issued at the sole discretion of GET UP AND LEARN LTD. If leader led classes are cancelled or if any provided digital services are unavailable for an extended period of time for reasons other than those listed under section 29, Force Majeur.
For any questions, concerns, or disputes, you agree to contact us within 10 business days by mail at the following address: GET UP AND LEARN LTD. 10-9275 Markham Road Suite 207 Markham, Ontario L6E OH9
Customers wishing to cancel their monthly digital subscription services or their attendance in a leader led training class must submit their request by email sent to email@example.com or through the Contact Us form on the website.
The date and time that the email is received by GETUPANDLEARN LTD. will be used as the beginning point for notice periods and processing times. The sender name in the cancellation email header must be one of the following individuals:
a) the authorised and named user/participant;
b) an authorised representative such as but not limited to
b1. a representative of the employer if the employer is paying for the service,
b2. a parent of a participant if the participant is under 18 years of age,
b3. the owner or authorised user of the payment instrument.
If you are unhappy with anything you have purchased on or through our Website, you may do the following:
Customers may cancel their digital subscription services at any time by sending an email to firstname.lastname@example.org., allowing up to five (5) business days for processing (business days are Monday to Friday excluding statutory holidays as recognized in Ontario, Canada).
For customers using our digital subscription services, your normal billing date is the monthly anniversary of the date you first signed up. If your cancellation request does not provide sufficient notice (5 business days) for payment processing you will be charged for the following month of services, however your cancellation will still take effect immediately. No refund will be provided under these circumstances. It is your responsibility to ensure you provide sufficient notice for processing your request.
Participants in leader led training classes may cancel 5 or more business days in advance for a full refund. Full charges apply if the email notification is received by GET UP AND LEARN LTD. four business days or less prior to the scheduled course. In either case if the registered participant cannot attend but a a named alternate participant is available to participate instead we will try to accommodate the change request.
If a partial refund is requested, such as in the event that the purchaser forgot to use an applicable discount code when purchasing a product or service, a refund equaling the discount amount less a $25.00 administration fee will be refunded in the form of a cheque payable to the payer of the services requested. Applicable discounts are determined and decided on solely by Getupandlearn Ltd..
12) REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
13) DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
You defend and indemnify GET UP AND LEARN LTD. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to do so. In any event you hereby agree to indemnify GET UP AND LEARN LTD., its officers, directors, management, employees, and agents for, and agrees to hold them harmless from, any liabilities, claims, demands, costs, damages, fines, taxes, duties, or other expenses sought by any party
15) SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16) ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that may contain typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges, availability or content. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Website or the Services, except as required by law.WE DO NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE WEBSITE OR THE SERVICES OR ANY CONTENT, INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions will be considered enforceable and valid to the fullest extent.
18) SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website(s) to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
19) TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website. We will notify you of the Account termination using the email address you have registered within your Account but if for any reason that email is not working or able to receive our notification, we are not liable and no further steps will be taken.
20) NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or our Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
21) LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of GET UP AND LEARN LTD. arising from your use of the Website excluding leader led training is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to GET UP AND LEARN LTD. in the last six (6) months. The maximum liability of GET UP AND LEARN LTD. arising from your participation or use of the leader led training is limited to the greater of four hundred and fifty two ($452) Canadian Dollars or the amount you paid to GET UP AND LEARN LTD. for the most recent session you registered for and participated in. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST GET UP AND LEARN LTD. ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GET UP AND LEARN LTD., AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST GET UP AND LEARN LTD. BY SOMEONE ELSE.You and GET UP AND LEARN LTD. agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and GET UP AND LEARN LTD., and not in a court of law.If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act in Ontario. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.The Arbitrator’s award shall be final, and in the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.
23) CLASS ACTION WAIVER
Any arbitration or action under these Terms will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
24) JURISDICTION AND APPLICABLE LAW
If for any reason, a dispute proceeds in court, you irrevocably consent to the exclusive jurisdiction of the provincial courts in the Province of Ontario for purposes of any legal action arising out of or related to the use of the Services or these Terms. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario, Canada without regard to Ontario conflict of laws rules. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
25) ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.
26) CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
27) RELATIONSHIP BETWEEN THE PARTIES
The Parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel, and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other Party in any manner.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
29) FORCE MAJEURE
These Terms constitute the entire agreement between you and us relating to your access to and use of the Services. The Website and Services are operated from within Canada however some components of the Website or Services may be located at 3rd party sites outside of Canada. Without limiting anything else, we make no representation that the Services, information or other materials available on, in, or through the Services are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of GET UP AND LEARN LTD. to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
GET UP AND LEARN LTD.10-9275 Markham Rd. Suite 207
Markham, ON L6E 0H9, Canada 416-803-8448