Version in effect since June 1, 2020
YOUR ACCEPTANCE OF THIS AGREEMENT
Parties. This Agreement is the agreement between you and all Persons you represent (“Person” includes natural persons and any type of incorporated or unincorporated entity) and Learnful Labs Inc. (“Learnful”) regarding your access to and use of the learnful.ca website, its portal, and all services, products, content and information available on or through Learnful (collectively, this “Website”).
Amendments. Learnful may, from time to time and in its sole discretion, change this Agreement as it relates to future use of this Website, by posting a revised Agreement on this Website. By using this Website after this revised Agreement has been posted, you accept to be bound by the revised Agreement. You may not change or append any terms to this Agreement in any manner.
USE OF THE WEBSITE
Lawful Use. You may use this Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using this Website for any other purpose or in any other manner is strictly prohibited. You shall abide by all rules and regulations published by Learnful from time to time, in respect of your use of this Website, including the User Code of Conduct below.
Accuracy. All information you provide through this Website must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Learnful or any other Person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update information.
Ownership. This Website (including all content, text, graphics, scripts, presentation and other information in text, graphical, video and audio forms, software, designs, applications, data and other elements available on or through this Website) is and remains the property of Learnful, its partner institutions and licensors, and is protected by copyright, trademark and other intellectual property laws. Your use of this Website does not transfer to you any ownership or other rights in this Website or its content. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any Person you represent, including any intellectual property rights therein, shall be and remain the exclusive property of Learnful.
Software. Learnful, and its partner institutions and licensees, if any, may cause software (including computer code and other instructions) to be available for you to download from this Website or through other websites and Internet resources. The software is protected by copyright and other intellectual property rights, and your downloading and use of such software is governed by the applicable transaction agreement and the software licence agreement specific to such software, if any. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and software licence agreement.
Availability of Services. Additional terms and conditions may apply to certain services and functions on this Website. Such services and functions, and all information described in this Website, are available only in jurisdictions where they may be legally provided, and therefore may not be available in all regions of Canada or to residents of other jurisdictions. Please contact Learnful for more information on whether any services or functions can be provided in your jurisdiction and for details.
Information Accuracy. Although Learnful and its partner institutions attempt to provide current and accurate information on this Website, errors, inaccuracies, omissions or other errors may sometimes occur and Learnful, cannot guarantee that all content and data provided on this Website will always be accurate, complete and up to date. Learnful reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other Person.
Links. Hyperlinks are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Learnful has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS
Disclaimers. YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED BY LEARNFUL TO THE FULLEST EXTENT PERMITTED BY LAW.
Liability Exclusions. LEARNFUL, AND ITS PARTNER INSTITUTIONS, LICENSORS AND LICENSEES, IF ANY, WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY TYPE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY, REGARDLESS OF ANY FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY LEARNFUL OR ITS PARTNER INSTITUTIONS OR ANY PERSON FOR WHOM THEY ARE RESPONSIBLE, AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
Learnful makes reasonable efforts to ensure that this Website is virus- and malware-free, but does not guarantee that this is the case. You are responsible for the entire cost of any service, repairs or corrections necessary as a result of use of this Website.
GOVERNING LAW AND MISCELLANEOUS
Applicable Laws. This Agreement, your access to and use of this Website and all related matters are governed solely by the laws of the Province of Ontario and the applicable federal laws of Canada. Any dispute between you and Learnful or any other Person arising from, connected with or relating to this Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Courts of the Province of Ontario, sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of these courts in respect of all Disputes.
Restriction on Use. Notwithstanding any other provision of this Agreement, Learnful may in its discretion change, discontinue, modify, restrict, suspend or terminate this Website or any part of it without any notice or liability to you or any other Person. Learnful may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use this Website without any notice or liability to you or any other Person.
Termination. If this Agreement or your permission to access or use all or any part of this Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Learnful will continue to apply and be binding upon you regarding your prior access to and use of this Website, and anything connected with, relating to or arising therefrom.
Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then those provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.
Benefit. This Agreement inures to the benefit of and is binding upon each of Learnful and its successors, assigns and related Persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Learnful may assign this Agreement and its rights and obligations under this Agreement without your consent.
Non-Waiver. Any rights not expressly granted by this Agreement are reserved to Learnful. No consent or waiver by Learnful to or of any breach or default by you in your performance of your obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other of your obligations; or (b) effective unless in writing and signed by Learnful.
Notice. You may contact Learnful by email: firstname.lastname@example.org.
User Code of Conduct
GENERAL RESTRICTIONS AND LIMITATIONS
In respect of your use of this Website, you may not:
- enter without authorization, into equipment, facilities, networks or accounts to use, read, transfer or change the contents, or for any other purpose;
- use another individual’s account or grant another individual access to your account;
- send inappropriate messages/dialogue via this Website, telephone, or e-mail, including but not limited to, messages/dialogue which are offensive, abusive, derogatory, seditious, harassing, or threatening;
- display, transmit, distribute or make available information that expresses or implies discrimination/ bullying or an intention to discriminate/bully;
- interfere with the normal operation of any institution or information technology systems and connecting networks (this includes such things as flooding the network with messages or sending chain letters or pyramid solicitations);
- use learnful.ca or partner institution’s computer facilities for profit or commercial gain;
- create and/or use world-wide web information pages or links to point to offending materials that do not comply with the Ontario Human Rights Code or the Criminal Code of Canada; or
- use learnful.ca or partner institution’s facilities for any purpose that could be seen as a violation of the Criminal Code of Canada.
In respect of your use of this Website, you are responsible for:
- any and all use of your account(s);
- maintaining secure passwords for all accounts assigned to you;
- ensuring and safeguarding against others obtaining unauthorized access to your accounts. You must not share passwords or any other access control information for your accounts;
- representing yourself honestly in all communications and correspondence; and
- As a user participating in this environment, you will abide by all rules and regulations published in this Code of Conduct policy and agree that you are subject to the jurisdiction of all disciplinary procedures established by your registering institution to address any alleged violation.