You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
INFORMATION ABOUT US AND HOW TO CONTACT US
We are Encore:CEO, A division of Madsen Avenue You can contact us here:
175 51248 RR 231, Sherwood Park, AB, T8B 1K7, Canada 780.803.4250 firstname.lastname@example.org
1. USE OF PROGRAM
We develop, distribute and maintain the Products in Madsen Avenue who will provide you with login details. We will also manage your access to the Products and provide support to you, where necessary.
We provide the Materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error-free, including technical inaccuracies.
2. GRANT OF LICENCE
In consideration of your payment, we hereby grant you a license to use the purchased e-learning courses (“the Products”). This license is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.
This license is personal to you and cannot be shared or exchanged with others.
3. ACCESS TO MATERIALS
The starting date of your access to the Products is deemed to be the date that you first have access. We will attempt to contact you where your access period has ended. Where this is the case, we cannot guarantee that certification or completion (as appropriate) will be possible. As such, it is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost.
We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
4. PRICING AND PAYMENT
We use a third party payment providers, Paypal and Stripe. Payment for the Products must be made at the point of purchase.
You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products.
Your payment includes the licensing of the Products for a limited period of time that is appropriate for the e-learning content. We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.
5. CANCELLATION AND RESTRICTION POLICY
Where Products are delivered to you immediately, you will not have the right to change your mind. If you have not accessed any material after making your purchase and you wish to cancel, you have ten (10) days to do so. If you have accessed any material, written or digital, you are not entitled to a refund. It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
We may restrict your access to the Products if you breach these terms, including without limitation:
a) A failure to make any payment due to us; or
b) Failure to provide accurate information that is necessary for us to provide the Products to you.
In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.
6. INTELLECTUAL PROPERTY
All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Madsen Avenue. While you may utilize the intellectual property, you understand that there shall be no transfer of ownership of the same.
Nothing that you see or read in the Program may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.
All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.
Links to external websites are provided solely as a convenience to you. Madsen Avenue does not review all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses. If your use of the Materials or information from this Program results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
We do not exclude or limit our liability to you in any case where it would be unlawful to do so.
9. OTHER IMPORTANT TERMS
Nobody else has any rights under these terms – they are between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of these terms illegal, then rest will continue in force.
If we delay in enforcing this contract, we can still enforce it at a later date.
This was last updated on June 10, 2019.