SERVICES AVAILABLE ON THE WEBSITE
Without restriction, we generally offer the following services through the Website: access to informational and promotional content, product preview and video demonstration, URL to login to your Canvas course(s), and URL to sign up for an Amilia account.
The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
Payments for services or products available on the Website will be charged to you in accordance with the policies, procedures, and timelines posted on the relevant sections of the Website. You agree to pay the fees applicable to your subscription and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Fees”). All initial and recurring Fees will be charged to the credit card that you authorize for your account. It is your responsibility to keep your authorized credit card valid and up to date at all times. We may terminate or block access to your account if your credit card becomes expired or otherwise invalid at the time any Fees become due. For purposes of processing payments, we use the following service provider: PAYSAFE. Before using the Website, you must first review and approve the terms and conditions governing the use of these third-party payment processors, which are available at the following website(s): https://www.paysafe.com/na-en/
REFUND, EXCHANGE AND SHIPPING POLICIES
Our current policies on refunds, exchanges and responsibility for lost, broken or stolen products are posted on the Website.
LIMITATION OF LIABILITY
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security. We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
WARRANTIES AND REPRESENTATIONS
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
COMPLIANCE WITH LAWS
You represent and warrant that:
iii. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
iv. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
Users under the age of 18 are permitted to access and use the Website, but are prohibited from submitting any personal information or other information that may be used to identify them. Users under the age of 13 are only permitted to access and use the Website while under the direct supervision of a parent or guardian.
GOVERNING LAW AND DISPUTE RESOLUTION
WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against APEX ACADEMY ONLINE INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable,you hereby agree to opt out of any class proceeding against APEX ACADEMY ONLINE INC. otherwise commenced. The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.