Copyright ©2018 | XLR8ed Learning Ltd.
TERMS & CONDITIONS
PLEASE READ THESE XLR8ED LEARNING LTD. TERMS AND CONDITIONS (“XLR8ED LEARNING TERMS”) CAREFULLY. ANY ENROLLMENT IN XLR8ED LEARNING COURSES BY ENROLLEE OR ANY ACT BY ENROLLEE ACCEPTING THE BENEFITS OF XLR8ED LEARNING COURSES SHALL BE CONCLUSIVE EVIDENCE OF ENROLLEE’S ACCEPTANCE OF THESE XLR8ED LEARNING LTD. TERMS HEREIN CONTAINED. NOTHING CONTAINED IN THE XLR8ED LEARNING COURSES SERVICES AGREEMENT (HEREINAFTER DEFINED) OR OTHERWISE SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, GUARANTEE, OR PROMISE THAT A PARTICULAR RESULT WILL BE PRODUCED DUE TO THE XLR8ED LEARNING COURSES. ENROLLEE AGREES THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY ENROLLEE.
- XLR8ed Learning Ltd. These XLR8ed Learning Terms apply to the enrollment in XLR8ed Learning Ltd. (“XLR8ed Learning”) course(s) offered by XLR8ed Learning Ltd. by Enrollee. The XLR8ed Learning Course(s) is further described on the XLR8ed Learning Website located at https://www.xlr8edlearning.ca
- XLR8ed Learning Service Delivery. XLR8ed Learning will not be liable for any Enrollee loss resulting from delays in delivery, scheduling conflicts, or technical issues. XLR8ed Learning Course(s) is for internal use only and may not be resold, redistributed, and/or used for commercial use by Enrollees.
- Cancellation; Substitution; Expiration. XLR8ed Learning reserves the right to cancel or reschedule any class at its discretion.
- Payment Plan (Subscription Payments).
4.1. Subscription Payments . Enrollee agrees to be liable to XLR8ed Learning for the Subscription Payments under this or any other agreement. Except as otherwise specified , (i) fees for our services are quoted and payable in CANADIAN dollars, (ii) fees are based per person (iii) payment obligations are non-cancelable and fees paid are non-refundable except as otherwise noted in this agreement.
4.2. Invoicing and Payment. Enrollee agrees to provide XLR8ed Learning with valid and updated credit card information either directly or indirectly using PayPal. Enrollee authorizes XLR8ed Learning to charge such credit card for all Services for any service under this or any other agreement. Such charges shall be made in advance, either monthly or in accordance with any different billing frequency stated under this or any other agreement.
4.3.Withdrawal or refund requests are subject to a $15 A DAY charge of the total calculated cost of the Payment Plan (Subscription Payments Agreement) cost. Withdrawal or refund requests must be received via email by firstname.lastname@example.org within 48 hours of purchase. All refunds will be credited to the original payment source. No refunds will be permitted after any XLR8ed Learning course access purchased duration has expired.
- Restrictions on use The XLR8ed Learning Courseware contained in the learning management system (hereinafter “Courseware”) consisting of documentation, materials, files and presentation slides are available for download and use for informational, personal and non–commercial use from the XLR8ed Learning Web Site in accordance with XLR8ed Learning. Enrollee further acknowledges and agrees that all works of authorship, course materials, documentation, Courseware contained in the learning management system, developed, created or used by XLR8ed Learning or its personnel in connection with the XLR8ed Learning Course(s) are and shall remain the sole and exclusive property of XLR8ed Learning and/or its Licensor and are proprietary information of those parties. XLR8ed Learning reserves all rights not expressly granted to Enrollee. Enrollee may not use, copy, modify, or transfer the XLR8ed Learning Courseware, or any copy thereof. Except as otherwise provided by law, Enrollee may not reverse engineer, disassemble, decompile, or translate the XLR8ed Learning Courseware, or otherwise attempt to derive the source code or other software which may be related to the XLR8ed Learning Courseware or XLR8ed Learning Course(s). Enrollee may not, assign, loan, sell, transfer or distribute the XLR8ed Learning Courseware or any part thereof. No right, title, or interest in or to any trademarks, service marks, or trade names of XLR8ed Learning or XLR8ed Learning’s licensors is granted hereunder and any use thereof will inure solely to the benefit of XLR8ed Learning and/or XLR8ed Learning’s licensors. Enrollee agrees to take adequate steps to protect the XLR8ed Learning Courseware from unauthorized disclosure or use. Enrollee shall be responsible for compliance with these XLR8ed Learning terms as well as administering the proper access to and use of XLR8ed Learning Course(s) key codes, reservation key codes and/or similar internal controls that may be provided to Enrollee and for preventing unauthorized access or use.
- Limited Warranty; Disclaimer. XLR8ED LEARNING EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. XLR8ED LEARNING IS DELIVERING THE XLR8ED LEARNING COURSE(S) AND XLR8ED LEARNING COURSEWARE ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO THE USE BY ENROLLEE OF ANY XLR8ED LEARNING SERVICES, OR XLR8ED LEARNING COURSEWARE. XLR8ED LEARNING DOES NOT WARRANT THAT THE XLR8ED LEARNING COURSE(S) AND XLR8ED LEARNING MATERIALS PROVIDED BY XLR8ED LEARNING TO ENROLLEE HEREUNDER WILL MEET THE REQUIREMENTS OF ENROLLEE AND XLR8ED LEARNING ASSUMES NO RESPONSIBILITY FOR THE QUALITY, UTILITY, ACCURACY OR SECURITY OF THE XLR8ED LEARNING COURSE(S), OR XLR8ED LEARNING COURSEWARE OR USEFULNESS OF THE SAME FOR ANY PURPOSE. XLR8ED LEARNING DOES NOT GUARANTEE NETWORK SECURITY. XLR8ED LEARNING ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF ENROLLEE’S ELECTRONIC ENVIRONMENT. THE OBLIGATIONS AND LIABILITIES OF XLR8ED LEARNING AND ITS LICENSOR AS SET FORTH HEREIN ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES AND REMEDIES, EXPRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY (COLLECTIVELY, “CLAIMS”) IN TORT, CONTRACT, STATUTE, OR OTHERWISE WHETHER OR NOT ARISING FROM NEGLIGENCE OF XLR8ED LEARNING OR ITS AFFILIATES, ACTUAL OR IMPUTED. XLR8ED LEARNING SHALL NOT BE LIABLE FOR ANY SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY VENDORS, DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO ENROLLEE BY XLR8ED LEARNING DURING PERFORMANCE OF XLR8ED LEARNING SERVICES, OR OTHERWISE.
- Indemnification. Enrollee agrees to indemnify, defend and hold XLR8ed Learning harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys fees and costs) arising out of any claim based on the delivery of any XLR8ed Learning Course(s) or Enrollee’s use of data generated from such XLR8ed Learning Course(s).
- Limitation of Liability. Except for breach by Enrollee of its obligations under Sections 5 and 7, and to the extent not prohibited by applicable law: (i) each party’s aggregate liability to the other hereunder will be limited to the greater of (a) the amount paid by Enrollee for the XLR8ed Learning Class or (b) Five Dollars (CAD$ 5.00) which is the subject matter of the claims; and (ii) neither party will be liable hereunder for any indirect, punitive, special, incidental or consequential damages even if that party has been previously advised of the possibility of such damage and even if any exclusive remedy provided for in these Terms fails of its essential purpose. BOTH PARTIES AGREE THE LIMITATIONS SET FORTH IN THIS SECTION REFLECTS THE ALLOCATION OF RISK UNDERSTOOD AND AGREED UPON BY THE PARTIES.
- Relationship. The relationship of XLR8ed Learning and Enrollee established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day to day activities of the other; (ii) deem the parties to be acting as agents, partners, joint ventures, co owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. Enrollee also agrees that payment for the course was authorized and provided directly through their employer or other third party organization.
- Force Majeure; Excused Performance. XLR8ed Learning shall not be liable in any way for any delays in, or any failure of, services performed hereunder due to any wrongful or negligent act or omission of Enrollee or its employees and agents; and/or Enrollee’s failure to follow the XLR8ed Learning Service requirements. Neither party shall be liable or deemed in default for any delay in performance under this Services Agreement resulting directly or indirectly from acts of God, war, insurrection, national emergency, fires, storms, labor disputes, acts of vandals or hackers, acts of civil or military authority or any other cause beyond the reasonable control of such party.
- Miscellaneous. These XLR8ed Learning Terms including any attachments hereto and made a part hereof, constitutes the entire agreement between XLR8ed Learning and Enrollee with respect to the furnishing of XLR8ed Learning Course(s) and the use of the XLR8ed Learning Courseware and supersedes any prior negotiations, understandings or agreements with respect to the specific subject matter hereof. No other terms and conditions shall be included or implied unless agreed in writing by an authorized representative of the parties. The rights of XLR8ed Learning and obligations of Enrollee under the XLR8ed Learning Terms shall inure to the benefit of XLR8ed Learning’s assignees and licensors. These XLR8ed Learning Terms are not assignable or transferable in whole or in part by Enrollee without the prior written consent of XLR8ed Learning, which consent shall not be unreasonably withheld. The provisions of these XLR8ed Learning Terms are severable and if any one or more of the provisions hereof are judicially determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of these XLR8ed Learning Terms shall be binding. A waiver of any section of these XLR8ed Learning Terms does not constitute a waiver of the whole XLR8ed Learning Terms. All notices given pursuant to these XLR8ed Learning Terms shall be in writing sent by certified or registered mail (return receipt requested), overnight express services or by facsimile. All such notices shall be directed to Enrollee or XLR8ed Learning at the address set forth herein unless either party notifies the other in writing of a new address. The parties agree that these XLR8ed Learning Terms is an agreement between Enrollee and XLR8ed Learning, and creates no obligations to Enrollee on the part of XLR8ed Learning’s Licensor, affiliates, subcontractors, or suppliers. Enrollee expressly relinquishes any rights as a third party beneficiary to any agreements between XLR8ed Learning and such parties, and waives any and all rights or claims against any such third party. Each party is duly authorized and empowered to enter into and perform these XLR8ed Learning Terms. The parties knowingly and expressly consent to the foregoing terms and conditions.
Personal identification information:
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information:
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies:
How we use collected information
XLR8ed Learning may collect and use Users personal information for the following purposes:
- To run and operate our Site
We may need your information display content on the Site correctly.
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
How we protect your information:
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information:
We will not share or sell information with third parties for marketing or other purposes.
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Compliance with children’s online privacy protection act:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Your acceptance of these terms:
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This document was last updated on February 20, 2021.