These terms and conditions apply to Canadian Citizenship Test Preparation with Esther (“Canadian Citizenship Test Preparation with Esther” or “we” or “us”).
You may contact us on [email protected]. These terms and conditions apply to the sale of any Online Course. Please read these terms and conditions carefully before purchasing an Online Course and print off a copy for your records.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Canadian Citizenship Test Preparation with Esther to accompany a course provided as part of the Services in electronic form.
“Fees” means the fees paid by you to Canadian Citizenship Test Preparation with Esther for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course where you learn course materials remotely.
“Services” means the provision of the Online Course purchased by you through the Website.
“Website” means https://canadian-citizenship-test-prep.ca , “you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available in our email correspondence with you after you purchase the Course. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will pass your Canadian Citizenship Test, from your purchase and completion of any of the Course.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
3.2. When you place an order for a Course via the Website, you are offering to purchase the Course on these terms and conditions. Canadian Citizenship Test Preparation with Esther reserves the right to cancel or decline your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have : (a) accepted your offer to purchase a Course from us by sending you an email confirming the purchase; and (b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
4. Refunds
4.1. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Course, the Fees include provincial taxes (PST) and Goods and Services Taxes (GST) or Harmonized Sales Tax(HST) in provinces where HST applies. These costs will be set out in the Website prior to your purchase of the Course.
5.3. Fees for the Course selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing any Online Course.
5.4. Any fees charged by your credit card provider in connection with your purchase of Course are for your own account and Canadian Citizenship Test Preparation with Esther will not be responsible for these.
6. Liability
6.1. No part of the provision of the Course should be considered, nor is it intended to be a guarantee of your ability to achieve a passing grade on the Canadian Citizenship Test..
6.2. Although Canadian Citizenship Test Preparation with Esther aims to provide the Course to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. No claim may be brought more than 1 year after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in Online Courses are, and remain, the intellectual property of Canadian Citizenship Test Preparation with Esther or its licensors.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer without prior written permission;
(iv) remove any copyright or other notice of Canadian Citizenship Test Preparation with Esther on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Course, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Assignment
Any Course provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
10. Entire Agreement
These terms and conditions, together with the Website Disclaimer are the entire agreement between the parties. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
11. Data Protection
11.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
11.2 When you register with us you will need to provide certain Data such as your contact details. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
11.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Canadian Citizenship Test Preparation with Esther.
11.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
11.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
11.6.Canadian Citizenship Test Preparation with Esther will take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
12. Law and Jurisdiction
This Agreement is subject to Canadian law and the parties submit to the exclusive jurisdiction of the Canadian courts in connection with any dispute.
13. Notices
You can contact us by any of the following methods:
Email: [email protected]