These General Terms & Conditions and the Service Specific Terms & Conditions, the Acceptable Use Policy and any information relating to the Service/Package purchased from Canadian Accreditation Council forms the Agreement between Us.
If any of these General Terms & Conditions are inconsistent with any terms set out in Canadian Accreditation Council Service specific terms & conditions, the Service specific terms & conditions shall prevail.
1.1 “Agreement” means any agreement to which these terms & conditions are incorporated.
1.2 “Canadian Accreditation Council” means Canadian Accreditation Council . a non-profit company located in Edmonton, Alberta Canada
1.3 “Package” means a collection of Services.
1.4 “Pay As You Go” means Canadian Accreditation Council no minimum term commitment monthly payment option.
1.5 “Prices” means the Prices for the Services set out in order form or as otherwise notified to You.
1.6 “Services” means the Services to be provided by Canadian Accreditation Council.
1.7 “You/Your” means the person, company or affiliates who purchases Services from Canadian Accreditation Council.
2.1 You are entitled to cancel the Services by submitting a cancellation request including your company name, contact name, valid email address that matches our records and contact phone to our support team via the Canadian Accreditation Council website.
2.2 Canadian Accreditation Council reserves the right to cancel and/or suspend Your Service at any time without notice if You breach these General Terms & Conditions and/or Service Specific Terms & Conditions and/or our Acceptable Use Policy.
3.1 Charges due on a pre-pay basis for all courses and services are non-refundable within 48 hours of a public scheduled event or 7 days for a private training booking for a company.
3.2 If You contravene Your Agreement with Canadian Accreditation Council, a refund will not be issued in the event of a cancellation.
4.1 All Services and Packages must be paid for in advance in accordance with the specific provisions of that Service or Package.
4.2 Payment will be due on the basis of the Service and/or Package You have selected.
4.3 Canadian Accreditation Council reserves the right to change the Prices and/or nature of its Services. If You have already purchased a particular Service then the change in the Price will not affect a previous course or booking.
4.4 All payments must be made in Canadian Dollars, non-inclusive of applicable taxes.
4.5 You warrant that You are lawfully authorized to make payment using the payment card or facility You disclose to Canadian Accreditation Council. In the event that You are not the named card holder, You acknowledge that You and the party who is the named card holder both accept Canadian Accreditation Council’ Terms & Conditions and are jointly and severally liable for the payment of all Prices for which payment will be taken from the payment card, the details of which You have provided. You will indemnify and hold Canadian Accreditation Council harmless in the event that the cardholder or issuer declines any transaction for payments to Canadian Accreditation Council, including all of Canadian Accreditation Council costs in administering Your non-payment and obtaining payment of those Prices due.
4.6 Where You provide Canadian Accreditation Council with information relating to a third party, including but not limited to the use of their payment details, either in accordance with clause 4.5 above or for any other purpose, You warrant that You have obtained express consent from the third party for Canadian Accreditation Council to use their information and you consent that we may share your information, including but not limited to the Services You have purchased, to enable the third party to ascertain the terms of your Agreement with Us and why we are authorized to take payment from the third party’s payment card, if necessary, to contact the third party for the purposes of this Agreement.
4.7 Canadian Accreditation Council reserves the right to suspend Services until payment is received in full and all outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to a $50.00 administration charge. You are responsible for all money owed on the account from the time it was established until Canadian Accreditation Council accepts Your cancellation request. You are responsible for any additional costs incurred by Canadian Accreditation Council in the collection of outstanding debt.
4.8 You are required to have a valid email address and credit card registered to Your account at all times, failure to do so will result in automatic suspension of Your account. If You cancel Your credit account for any reason You must immediately notify Canadian Accreditation Council and provide details of a current valid payment card.
4.9 No bills or invoices will be sent by regular mail. All invoices will be sent directly to You via email shortly after the purchase or automated renewal transaction is completed.
4.10 If You fail to pay all Prices due, Canadian Accreditation Council reserves the right to interrupt, suspend or cancel the Services to You. Such interruption, suspension or cancellation does not relieve You from paying all Prices which are overdue and payable to Canadian Accreditation Council.
4.11 Any unused Credit notes on Your Account will be taken in payment of Your Service. Where the value of the unused Credit note is less than the total payment due, the remainder of the balance will be taken from the current payment method on Your account.
5.1 If You withdraw any payments made via a bank or credit card (a “chargeback”) You may be subject to a administration fee of $100.00, should Canadian Accreditation Council deem the chargeback to be unfair. Canadian Accreditation Council also reserves its right to defend such chargebacks and recover the original monies from You or the card issuer.
5.2 If a chargeback is made, Canadian Accreditation Council reserves the right to interrupt, suspend or cancel the Services. Such interruption, suspension or cancellation does not relieve You from paying the original Prices which are overdue and payable to Canadian Accreditation Council.
6.1 We will endeavor to provide a continuous high quality service. If You experience problems with Your Service, You should consult Canadian Accreditation Council support website and search for a resolution to Your problem in Canadian Accreditation Council FAQ or contact Canadian Accreditation Council support through email addresses listed in our contact page.
6.2 Please note we may require suspension of some of Canadian Accreditation Council Services for short scheduled periods to carry out maintenance or repair to Canadian Accreditation Council Services without notice.
- Account Information and Passwords
7.1 It is the account owner’s responsibility to keep his/her account information and password(s) confidential, and to change the password on a regular basis. Canadian Accreditation Council is not responsible for any data losses or security issues due to stolen passwords. Canadian Accreditation Council recommends that You use passwords that contain numbers and symbols in order to prevent unauthorized users from guessing commonly-used choices (i.e. “12345”, “password”, etc.).
- Your personal details
8.1 Please note that whilst Your email is primarily used for billing purposes, Canadian Accreditation Council reserves the right to email You information about enhancements to Canadian Accreditation Council systems and product offerings. You can unsubscribe from marketing communications within Your Canadian Accreditation Council control panel.
- Canadian Accreditation Council Disclaimers and Warranties
9.1 Canadian Accreditation Council makes no warranties or representations that any Service will be uninterrupted or error-free. You accept all Services provided hereunder “as is” without warranty of any kind.
9.2 So far as permitted by law and particularly in respect of non-consumers, all implied conditions, warranties and terms (whether express or implied by statute, common law, custom or otherwise) including, but not limited to, those relating to the exercise of reasonable care and skill, fitness for purpose and satisfactory quality (where applicable) are hereby excluded in relation to each of the Services to be provided hereunder to the fullest extent permitted by law.
9.3 For the avoidance of doubt, any use of the Services and/or any Package in the course of conducting business shall give rise to you being a non-consumer and the provisions of this Agreement affecting the statutory consumer protection you would otherwise be afforded as a consumer shall not apply.
10.1 Canadian Accreditation Council Inc. or any of its staff, officers, directors or owners shall not be liable for any loss or damage of whatsoever nature suffered by You arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by You or on Your behalf.
10.2 Canadian Accreditation Council Inc. or any of its staff, officers, directors or owners shall not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
10.3 Canadian Accreditation Council Inc. or any of its staff, officers, directors or owners shall not be liable for any claims against you and/or your company for any images, software code or other web content used on your website. This includes whether the images were used as part of web design services from Canadian Accreditation Council Inc. or placed there by you. You agree that you and/or your company cannot make any legal claims against Canadian Accreditation Council Inc. for the use of images on your website, take sole responsibility of the images used and sole responsibility to procure the licenses for those images if required. If a claim is made against you and/or your company you cannot make any claim against Canadian Accreditation Council Inc. or any of its staff, officers, directors or owners for any loss or damages you may incur due to the use of any content or images that are on your website in the past, present or future.
10.4 No matter how many claims are made and whatever the basis of such claims, Canadian Accreditation Council maximum aggregate liability to You under or in connection with this Agreement in respect of any direct loss (or any other loss to the extent that such loss is not excluded by other provisions in this Agreement) whether such claim arises in contract or in tort shall not exceed a sum equal to the fees paid by You for the Services in relation to which Your claim arises during the 12 month period prior to such claim.
10.5 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Canadian Accreditation Council Inc., its employees or its sub-contractors.
10.6 Canadian Accreditation Council Inc. shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:
10.6.1 the effects of the failure or interruption of Services provided by third parties;
10.6.2 factors outside of Canadian Accreditation Council Inc. reasonable control;
10.6.3 Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
10.6.4 problems with Your equipment and/or third party equipment;
10.6.5 interruptions to the Services requested by You.
- Force Majeure
11.1 Canadian Accreditation Council Inc. shall not be responsible for any failure to provide any Services or perform any obligation under the Agreement because of any act of God, strike, lock-outs or other industrial disputes (whether involving the workforce of Canadian Accreditation Council (or any other party) or compliance with any law of governmental or any other order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers, work stoppage, war, riot or civil commotion, equipment or facilities shortages which are being experienced by providers of telecommunication Services generally, or other similar force beyond its reasonable control.
12.1 The failure of Canadian Accreditation Council to require Your performance of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Canadian Accreditation Council of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
13.1 The provisions, terms, conditions representations, warranties, covenants, and obligations contained in or imposed by this Agreement which by their performance after the termination of this Agreement, shall be and remain enforceable not withstanding termination of the Agreement for any reason.
14.1 You agree that any notice or communications required or permitted to be delivered under this Agreement by Canadian Accreditation Council to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information You have provided.
- Governing Law
15.1 Your rights and obligations and all contemplated by this Agreement shall be governed by Alberta, Canada law and You submit to the exclusive jurisdiction of the Alberta, Canada Courts.
- Legal Fees
16.1 If any legal action or proceeding, including arbitration, relating to the performance or the enforcement of any provision of this Agreement is brought by any party to this Agreement, the prevailing party shall be entitled to recover reasonable legal fees, expert witness fees, costs and disbursements, in addition to any other relief to which the prevailing party may be entitled.
17.1 You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Canadian Accreditation Council. However, in the event that Canadian Accreditation Council consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
- Entire Agreement
18.1 This Agreement constitutes the entire Agreement between the parties and agreements are representations or warranties, express or implied, statutory or otherwise and no agreements collateral here to than as expressly set or referred to here in. This Agreement supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth here in.
- Amendment in Writing
- Relationship of the Parties
20.1 Nothing in this Agreement shall be construed as creating an agency relationship, partnership or joint venture between the parties.
- Joint and Several Obligations
21.1 If any party consists of more than one entity, their obligations here under are joint and several.
- No Third Party Beneficiaries
22.1 This Agreement does not provide and shall not be constructed to provide any third parties, with any remedy, claim, cause of action or privilege.
22.2 Parties that retain services from any of Canadian Accreditation Council subsidiaries or affiliates are considered Third Party and have no legal claim, remedy, cause of action or privilege pertaining to any services, support or actions regarding Canadian Accreditation Council.
23.1 In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Canadian Accreditation Council will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Canadian Accreditation Council as reflected in the original provision.
By signing up or purchasing any services provided by Canadian Accreditation Council Inc. on the Canadian Accreditation Council Training Support Center through online purchase, written or verbal transaction you agree to be unconditionally bound by all Canadian Accreditation Council Inc. Terms and Conditions listed on this page.