Terms and Conditions

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.tutoringacademy.ca website (the “Service”) operated by Academy for Mathematics & English Franchise Holdings Ltd. and Academy for Mathematics & English (Canada) Ltd. (“Academy”, “AME”, “us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

Limits on Use and Intellectual Property

This website is owned and operated by the Academy and is for the user’s personal, non-commercial use. The Service and all contents, including but not limited to text, images, graphics or code are the property of the Academy and are protected by copyright, trademarks, database and other intellectual property rights. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software, products or services (“Materials”) obtained from this website, except that user may view the website content in its present form and the user may download or print portions of the material from the different areas of the Service only for personal, non-commercial home use, provided user keeps intact all copyright and other proprietary notices. The use of any materials on any other website or networked computer environment is prohibited. User recognizes that unauthorized use of website content may subject user to civil or criminal liability. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of the Academy or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by the Academy.

The Academy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Academy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease.

Indemnification

You agree to indemnify, defend and hold harmless the Academy, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Service.

Limitation of Liability

The Academy, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer and Non-Waiver of Rights

The Academy makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

The Academy, its subsidiaries, affiliates, and its licensors do not warrant that: (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and the Academy chooses not to immediately act, or chooses not to act at all, the Academy will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. The Academy does not waive any of its rights. The Academy shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Trademarks

The logo, services marks, trademarks, of the Academy, are owned exclusively by Academy for Mathematics & English (Canada) Ltd. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Changes and Updates to the Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we do, we will update the “effective date” at the top of the Terms and Conditions. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contacting Us

If you have any questions about these Terms, you may contact the Data Controller by completing the contact form on the right. An email will be sent to the Data Controller upon submission. The Academy Data Controller is designated as responsible for the Academy’s Privacy Policy; Terms and Conditions; Disclaimer; and Cookie Policy.