Terms and Conditions
The following are the terms and conditions (the “Terms”) for the use of the E-Languages Canada ® web site (the “Site”), E-Languages Canada ® Services, and related material.
With each visit to the Site you signify your agreement to these Terms.
These Terms were last modified on March 31, 2021.
L&R Business Solutions and its suppliers own the E-Languages Canada ® trade name, brand and trademark and websites. Hereafter, E-Languages Canada ® means L&R Business Solutions
E-Languages Canada ® Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by E-Languages Canada ® or the Site, including any portion thereof. E-Languages Canada ® Services is defined as any E-Languages Canada ® service.
If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or E-Languages Canada ® Material.
- Use of E-Languages Canada ® Material and E-Languages Canada ® Services
You agree not to use any E-Languages Canada ® Material and E-Languages Canada ® Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
Video classes, Lessons, video lessons, exercises, Online-live classes, tutoring are defined as finished services, Final Service or other document created through the use of a E-Languages Canada ® service. You are granted a User Licence when you enter into a free trial, have a subscription or pay for access to a product.
Any paid or Free Trial Licence granted is subject to the Terms and entitles you to:
- use Final Services of the Services as specified by the Terms only.
- Watch as many times as you need the video lessons, lessons, videos, that will be uploaded by E-Languages Canada
- Have access to our Learning Management System 24/7 only when you have paid for those services
- Have full access to the online-live video classes
- You are prohibited to make any hard or electronic copies, as well as download any of the materials owned by E-Languages Canada ®.
You may end a Licence in the manner specified on the order page, your account area or the help documentation. E-Languages Canada ® retains the right to cancel any sale or Site access at any time, in which case you will only be charged for the time the sale or Site access was in effect.
Your Licence is valid for the country of the document that you select when you purchase your Licence. You will be charged in the currency of that country.
If you are not a party in transactions in which a Final Service is used or if you obtained the Final Service under a free trial, you are not allowed to enter into new transactions using the Final Service starting one month after the expiry of the corresponding product access time period.
To access services, you must provide credit card or any other payment alternative offered in our Payment platform details to E-Languages Canada ® as required by the Site. E-Languages Canada ® will charge the amount of the services in accordance with displayed pricing in return for access to services and if free trials are not cancelled before the specified time period.
Subject to these Terms, if you are evaluating the Site strictly as a potential customer or to participate in our affiliate program, you are granted a licence to evaluate the Site for that purpose only.
- Information and Decision Making Responsibility
You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.
You agree that E-Languages Canada ® does not provide In person language training. If you receive any communication from E-Languages Canada ®, its agents, its employees or any other associated entity, which is Learning Languages Training Services you agree that it is NOT a communication authorized by E-Languages Canada ®and you agree to immediately delete and disregard it.
Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of E-Languages Canada ® Material
E-Languages Canada ®retains the right to make changes to its Affiliate Program or other programs as it sees fit.
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, licence, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any E-Languages Canada ® Material nor will you utilize E-Languages Canada ® Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
You agree to only use E-Languages Canada ®Material and the Site as a customer.
Licences granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.
The EULA document may be distributed on the internet without time limit by licensed E-Languages Canada ®customers as part of a materially non-legal package adding significant value.
The rights granted under these Terms are granted to you only.
If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.
E-Languages Canada ®retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or E-Languages Canada ®Material or E-Languages Canada ®Services at its discretion.
This agreement cannot be assigned.
- Intellectual Property
All copyright, trade marks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of E-Languages Canada ® Material belong to its business partners or associates and its suppliers. its business partners or associates reserves all of its rights in the its business partners or associates Material. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by its business partners or associates or any other third party except as expressly provided in these Terms.
In addition, E-Languages Canada ® Material, contains information and intellectual property that is selected and organized by E-Languages Canada ® and represents significant work made by E-Languages Canada ®. Nothing in the Terms should be construed as granting any licence or right to use any E-Languages Canada ® Material or intellectual property displayed or used in any E-Languages Canada ® Material except as expressly provided in the Terms.
You agree to the following:
- the E-Languages Canada ® Material is the property of E-Languages Canada ® and its suppliers;
- you will not use the E-Languages Canada ® Material for any purpose other than is expressly permitted in these Terms;
- you will not distribute in any medium any E-Languages Canada ® Material without E-Languages Canada ® prior written authorization or as expressly provided these Terms.
- any distribution or past distribution of any E-Languages Canada ® Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses E-Languages Canada ® Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
- E-Languages Canada ® shall have the right to represent its suppliers in any dispute.
- LIMITED WARRANTIES
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, E-Languages Canada ® Material and E-Languages Canada ® Services are provided “as is” without any kind of warranty.
You accept full responsibility for determining whether E-Languages Canada ® Material and E-Languages Canada ® Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
E-Languages Canada ® does not authenticate users’ signatures or identities. E-Languages Canada ® electronic signature functionality does not track IP addresses, include digital certificates, use a certification authority nor any other third party verification. You accept full responsibility for determining whether an electronic signature is suitable for any particular purpose.
Except as expressly provided in these Terms or where prohibited by law, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of E-Languages Canada ® Material and E-Languages Canada ® Services, or for inaccessibility of E-Languages Canada ® Material and E-Languages Canada ® Services whether from errors or omissions in the content of E-Languages Canada ® Material and E-Languages Canada ® Services or any other linked sites or for any other reason. Use of E-Languages Canada ® Material and E-Languages Canada ® Services is at your own risk.
E-Languages Canada ® does not represent or warrant that E-Languages Canada ® Material, the Site or any linked sites are free of any harmful materials.
- Maximum Liability
Except as expressly provided in these Terms or where prohibited by law, the maximum liability of E-Languages Canada ® is the amount paid to V by the customer; however, where E-Languages Canada ® has provided a service, the maximum liability of E-Languages Canada ® for any E-Languages Canada ® Services is the portion of the amount paid to E-Languages Canada ® by the customer specifically for the E-Languages Canada ® Services as calculated by E-Languages Canada ®.
- Guarantees and Refunds
All guarantees are subject to any limitations specified in any E-Languages Canada ® Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product, it must be explicitly promoted in E-Languages Canada ® Material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from E-Languages Canada ®, they waive their right to any additional claims against E-Languages Canada ® regarding any Guarantee unless otherwise agreed to in writing. E-Languages Canada ® has no obligation to refund one time purchases.
The following additional restrictions apply to the Guarantees payments for mistakes:
- The mistake must be in the wording of the legal document and not in other text;
- The customer was the first person to mention that mistake for that Guarantee category;
- Guarantees only apply to E-Languages Canada ® mistakes, not to customer mistakes; and
- We are only required to pay a customer once for a mistake no matter how many mistakes they may bring to our attention.
- Free Trial Refund Policy
The terms and conditions of the offer will govern any free trials. E-Languages Canada ® has no obligation to refund for free trials properly converted to paid product access.
- Annual, Semesterly, Monthly, Subscriptions and Renewals
E-Languages Canada ® has no obligation to refund renewals unless you notify us before your renewal date that you want to cancel. Annual subscriptions are subject to a refund within 30 days of initial purchase.
- Other Guarantees and Refunds
Our maximum liability for any Quality Guarantees specified on the Site is $120 CAD. Other guarantees and refund commitments specified in E-Languages Canada ® Material are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.
- Client Privacy
- Terms and Headings
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting E-Languages Canada ® Material should it be judicially found that the conflicting E-Languages Canada ® Material is legally relevant to this Agreement under law.
Except where prohibited by law, you agree to indemnify and hold E-Languages Canada ®, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or E-Languages Canada ® Material or E-Languages Canada ® Services.
- Governing Law
Except where prohibited by law, the Terms are governed by the laws of the Province of Ontario, Canada. Except where prohibited by law, you irrevocably attorn to the exclusive jurisdiction of the courts of Kingston, Ontario, Canada.
- Binding Arbitration
Subject to exceptions specified herein, if you and E-Languages Canada ® are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, E-Languages Canada ® will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Kingston, Ontario, Canada.
The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys’ fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
Exceptions to the use of binding arbitration are as follows: E-Languages Canada ® may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.
- Class Action Waiver
You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
- Modification of the Terms
Except that you must be informed in a reasonable manner regarding any pricing increase, E-Languages Canada ® may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized E-Languages Canada ® officer.
If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
No failure or delay, on the part of E-Languages Canada ®, in exercising any right or power under these Terms will operate as a waiver of such right or power.
- Whole Agreement
Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site, the Site’s Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and Sequiter Inc. notwithstanding any:
- E-Languages Canada ® Material other than this Agreement,
- communication between you and E-Languages Canada ®, including telephone, email and online chat assistance, or
- announcements, newsletters or promotional materials from E-Languages Canada ®.