All sales of online training programs by Online Learning Enterprises Inc. (“OLE”) are made on the following terms and conditions.
1. Agreement. By accessing or paying for any online training program, purchaser agrees to the terms and conditions set out in these Terms of Sale.
2. Orders. OLE is not bound by an order for an online training program unless and until it accepts the registration and bills the purchaser’s credit card. OLE may elect not to accept an order for any reason or no reason, in its full discretion.
3. Payment. OLE accepts Visa, MasterCard and American Express credit cards for full payment for all online training programs at the time of purchase. Please note that access to any online training program will not be provided until OLE receives confirmation of payment, which may take up to 48 hours from the time of registration.
4. Taxes. OLE’s prices do not include any personal property, value-added, sales, including harmonized sales, excise, use or other taxes, and purchaser shall be liable for all such taxes, whether or not invoiced by OLE.
5. Access. Once purchased, online training programs may be accessed by the purchaser for up to 12 months following registration.
6. No Obligation to Update Programs. Once an online training program has been purchased, it may be accessed by the purchaser for up to 12 months following registration. However, OLE only guarantees that the information contained in any online training program is current as at the date of registration and does not undertake to update any online program once purchased or advise any purchaser that such information may be out of date.
7. Non Transferable. All online training programs are non-transferable and non-assignable and may only be used by the person (including a company or other organization) purchasing same. Each online training program may only be accessed and viewed by one individual.
8. Changes to Programs. OLE reserves the right to modify or cancel any online training program or its schedule of fees at any time without notice.
9. Cancellation Policy. OLE reserves the right to cancel any online training program at any time with or without notice to you. Should this happen after you have registered for a program by before the first time that you have accessed it, the purchaser will have the choice of a full refund or enrolment in a different online training program offer by OLE.
10. Refund Policy. No refunds are available except where the online training program has been cancelled prior to you first accessing such program as described in section 9 above.
11. Maintenance and Repair of OLE Systems. OLE reserves the right to conduct regular maintenance on its computer systems from time to time which may interrupt access to some or all online training programs. OLE will provide at least 24 hours notice of such scheduled maintenance exercises. In addition, OLE reserves the right to undertake emergency repairs to its computer systems as and when required without notice to users, although it will endeavour to communicate any service disruptions as soon as is practicable on its website.
12. Force Majeure. OLE shall not be responsible for any omission or delay in providing any services, including providing access to any online training programs, where such omission or delay is caused by an event beyond OLE’s reasonable control, including, without limitation, fire, war, abnormal weather conditions, loss of power or connectivity, act of god, act of sabotage, labour dispute, governmental regulation, governmental request or requisition for national defence. OLE will endeavour to notify users of any such omission or delay as soon as practicably on its website.
13. OLE Warranties. OLE warrants that all online training programs are as described in the applicable course description in all material respects and that all information therein is current to the date of registration.
14. LIMITATIONS. ALL ONLINE TRAINING PROGRAMS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS STATED IN PARAGRAPH 13, OLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND IN RESPECT OF ANY ONLINE TRAINING PROGRAMS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND USERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE PROPER APPLICATION AND USE OF SUCH ONLINE TRAINING PROGRAMS. PURCHASERS SHALL HAVE NO RIGHT OF REJECTION OR OF REVOCATION OF ACCEPTANCE OF ANY GOODS OR SERVICES, INCLUDING ANY ONLINE TRAINING PROGRAMS ONCE PURCHASED. OLE’S AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES FROM ANY CAUSE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY AND NEGLIGENCE WITH RESPECT TO ANY ONLINE TRAINING PROGRAM IS LIMITED TO A REFUND OF THE PURCHASE PRICE OF SUCH PROGRAM OR THE REPLACEMENT OF SUCH PROGRAM, AT OLE’S OPTION. ANY CLAIM FOR DAMAGES MUST BE MADE WITHIN SIX MONTHS AFTER REGISTRATION FOR THE ONLINE TRAINING PROGRAM.
FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL ANY OLE PARTY BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS(ES) AND/OR DAMAGE(S) ARISING OUT OF OR RELATING TO, EITHER DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, ANY PERSON’S USE OF OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR ANY TRAINING PROGRAM, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, IDENTITY THEFT, OR OTHER INTANGIBLE, EVEN IF SUCH OLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS(ES) AND/OR DAMAGE(S).
15. Indemnity. Purchaser shall indemnify and hold harmless OLE and its officers, directors, employees and agents, with respect to all damages, losses, claims and expenses, including attorney fees, that OLE incurs as a result of any default or breach by the Purchaser of any of its obligations under these Terms of Sale.
16. Personal Information. See OLE’s Privacy Policy which sets out how OLE collects, uses, stores and otherwise handles personal information.
17. Applicable Law. All agreements between you and OLE for the purchase and sale of any online training program are deemed to have been made in London, Ontario, Canada and shall be construed in accordance with the laws of Ontario and those of Canada applicable therein. Any action arising out of or relating thereto may be brought in any court in the Province of Ontario having jurisdiction over the subject matter and you irrevocably consents that any such court shall have personal jurisdiction over you and you waive any objection that the court is an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
18. Complete Agreement; Amendment. These Terms of Sale and the Terms of Use contained on OLE’s website contain the entire agreement between you and OLE. OLE reserves the right to amend these Terms of Sale and the Terms of Use in respect of any further purchases of any on-line training programs by posting same on its website at least five days prior to their coming into force.
19. Language. It is the express wish of the parties that this document be drawn up in English. C’est la volonté expresse des parties que ce document soit rédigé en anglais.
