
Terms and Conditions
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1. Agreement
This agreement is between you, the User of this Website, and Key Course Language Limited, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If You do not agree to these Terms and Conditions, You should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer, and our acceptance of that offer is deemed to occur upon sending a confirmation email indicating your order has been accepted.
2. Definitions and Interpretation
In this Agreement, the following terms have the following meanings:
"Account": Personal information, Payment Information, and credentials used by Users to access Paid Content and/or any communication System on the Website.
"Content": Text, graphics, images, audio, video, software, data compilations, and any other form of information on the Website.
"Facilities": Online facilities, tools, services, or information provided by Key Course Language Limited through the Website.
"Services": Services available through the Website, specifically the use of the Key Course Language Limited proprietary e-learning platform.
"Payment Information": Details required for purchasing Services from this Website.
"Premises": Our place(s) of business is located at 31 Queen St, 1st floor, Charlottetown, PEI C1A 7K7.
"System": Online communications infrastructure provided by Key Course Language Limited through the Website.
"One-on-one sessions": Individual online sessions with a tutor using third-party software like Microsoft Teams.
"Group sessions courses": Series of sessions with set times, dates, and a minimum number of users who sign up and pay for it.
"User" / "Users": Any third party accessing the Website and not employed by Key Course Language Limited.
"Tutor/tutors": Person providing lectures in our Facilities.
"Website": The website You are currently using, www.keycourse.ca, and any sub-domains unless expressly excluded.
"We/Us/Our": Key Course Language Limited, a company incorporated in Canada.
3. Age Restrictions
Persons under 18 should use this Website only with adult supervision. Payment Information must be provided by or with the permission of an Adult.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Key Course Language Limited, our affiliates or other relevant third parties. By continuing to use the Website You acknowledge that such material is protected by applicable Canadian and International intellectual property and other laws.
5.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 You must not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
8. Use of Communication Facilities
8.1 When using any System on the Website You should do so by the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
8.1.1 You must not use obscene or vulgar language.
8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist.
8.1.3 You must not submit Content that is intended to promote or incite violence.
8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages.
8.1.5 How You identify yourself must not violate these Terms and Conditions or any applicable laws.
8.1.6 You must not impersonate other people, particularly employees and representatives of Key Course Language Limited or Our affiliates; and
8.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
8.2 You acknowledge that Key Course Language Limited reserves the right to monitor any communications made to Us or using Our System.
8.3 You acknowledge that Key Course Language Limited may retain copies of any communications made to Us or using Our System.
8.4 You acknowledge that any information You send to Us through Our System may be modified by Us in any way and You hereby waive your moral right to be identified as the author of such information. Any restrictions You may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
9. Accounts
9.1 To procure Services on this Website and to use certain other parts of the System, You are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until You wish to make a purchase. By continuing to use this Website You represent and warrant that:
9.1.1 all information you submit is accurate and truthful.
9.1.2 You have permission to submit Payment Information where permission may be required; and
9.1.3 You will keep this information accurate and up to date. Your creation of an Account is further affirmation of your representation and warranty.
9.2 It is recommended that You do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred because of your Account details being shared by You. If You use a shared computer, it is recommended that You do not save your Account details in your internet browser.
10. Termination and Cancellation of Accounts
10.1 Either we or You may terminate your Account. If We terminate your Account, You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
10.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and the provision of Services will not commence.
11. Services, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all general descriptions of Services available correspond to the actual Services that will be provided to You, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your requirements and circumstances.
11.2 Where appropriate, You may be required to select the required Plan of Services.
11.3 We neither represent nor warrant that such Services will be always available and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
11.4 All pricing information on the Website is correct at the time of going online. Prices don’t include taxes, which are included on checkout by the gate payment provider. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
11.5 If prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
12. Orders and Provision of Services
12.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You an order confirmation email. Only once We have sent You an order confirmation email will there be a binding contract between You.
12.2 Order confirmations under sub-Clause 13.1 will be sent to You before the Services begin and shall contain the following information:
12.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services.
12.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery, and other additional charges.
12.2.3 Relevant times and dates for the provision of the Services.
12.2.4 User credentials and relevant information for accessing those services.
12.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you to that order will be refunded within 30 calendar days.
12.4 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform You at the time You place the Order by a note on the relevant web page or by contacting you directly after You place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales, but this is not an essential term of the Contract, and we will not be liable to You if we do not do so.
12.5 If Services are provided that are not in conformity with your order and thus incorrect, You should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
12.6 Technical support makes every effort possible to respond on time, but we do not guarantee a particular response time.
13. Cancellation or Changes of Orders and Services
We want You to be completely satisfied with the Products or Services You order. If You need to speak to us about your Order, then please contact us by email at admin@keycourse.ca .You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
13.1 No refund for products with digital learning materials unless the platform and therefore access to the product is not available for 30 consecutive days after processed payment.
13.2 Group sessions courses are set at a specific time of the week within a date range stated in the description of a group session. 48 hours before 1st group session minimum of 3 students must sign up. In case less than the minimum student count is signed up that group session course is cancelled and students who already signed up are provided with a proposition to join the group session at another time of the week or get access to other products equivalent to the amount paid for sign up to group session course. Alternatively, if that is a student’s wish can be put on a waitlist for a new group session course that will start for the same program and time of the week for live sessions. If the student doesn’t accept any of the above options, money for the group session course will be refunded within 30 days from cancellation.
13.2.1Changing group sessions courses to different times of the week for single students is available if all requirements are met:
- The total number of students actual group won’t be less than 3 after students change group
- The group to which students want to change is in the same progress stage as an actual student group
- The group to which students want to change has fewer students than the maximum group size (number).
13.2.2If all students who tutor in the group session course will agree the time of the live sessions can be changed for the whole group.
13.2.3 No refund will be provided for students who are assigned to group sessions courses and group sessions weren’t cancelled by a tutor.
13.4One-on-one sessions with a tutor are pre-paid by the student and need to be booked within the date range stated in the session description. Rescheduling by students for one one-on-one session is ok for 24 hours upfront. A tutor can cancel the lesson and send email information to the student, in that case student will be provided with the ability to reschedule a session. In case of high demand and no available spots in the automatic booking system on a set date range, a date will be set up with the student by email by the administrator or tutor.
13.5Refund policy for bundled products for each product in bundle separately and refund price is reduced by bundle buy discount. (eq. bundle that total price was 20% compared to buying products separately, including the group session course but it was cancelled, and the student wanted a refund for it. The refunded price also will be the price of the same level group session course sold separately lowered by 20%)
14. Privacy
Use of the Website is also governed by Our Privacy Policy (www.keycourse.ca/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
Use of the Website is also governed by Our Privacy Policy (www.keycourse.ca/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may collect will be handled with care about any data leak and best practices.
15.2 We may use your personal information to:
15.2.1 Provide Our Services to You.
15.2.2 Process your payment for the Services; and
15.2.3 Inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
15.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
16. Disclaimers
16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
16.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, You are strongly advised to take responsibility for your internet security, that of your details and your computers.
17. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time You use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by You in the future.
18. Availability of the Website
18.1 The Website is provided “as is” and on an “as available” basis. uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that You use the Website and its Content at your own risk.
19.2 If any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
22. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between23. Communications
23.1 All notices/communications shall be given to Us by email to admin@keycourse.ca. Such notice will be deemed received 5 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and the next business day if the email is sent on a weekend or public holiday.
23.2 We may from time to time, if You opt to receive it, send You information about Our products and/or services. If You do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which You receive from Us.